Federal Register Vol. 80, No.48,

Federal Register Volume 80, Issue 48 (March 12, 2015)

Page Range12915-13198
FR Document

80_FR_48
Current View
Page and SubjectPDF
80 FR 12996 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; National Volatile Organic Compound Emission Standards for Architectural Coatings (Renewal)PDF
80 FR 13025 - Sunshine Act MeetingPDF
80 FR 12981 - Tetrahydrofurfuryl Alcohol From the People's Republic of China: Final Results of the Second Expedited Sunset Review of the Antidumping Duty OrderPDF
80 FR 12983 - Certain Kitchen Appliance Shelving and Racks From the People's Republic of China: Continuation of Antidumping Duty Order and Countervailing Duty OrderPDF
80 FR 12977 - Certain Uncoated Paper From the People's Republic of China and Indonesia: Postponement of Preliminary Determinations in the Countervailing Duty InvestigationsPDF
80 FR 12979 - Melamine From the People's Republic of China and Trinidad and Tobago: Postponement of Preliminary Determinations of Antidumping Duty InvestigationsPDF
80 FR 13017 - Tohono O'odham Nation of Arizona's Title 21-Liquor, Chapter 1-Alcoholic Beverage Licensing and Control (Chapter)PDF
80 FR 13000 - Federal Open Market Committee; Domestic Policy Directive of January 27-28, 2015PDF
80 FR 12987 - Application for New Awards; Evaluation of State Education Programs and Policies Grant ProgramPDF
80 FR 12991 - Applications for New Awards; Statewide Longitudinal Data Systems ProgramPDF
80 FR 13030 - Entergy Nuclear Operations, Inc., Pilgrim Nuclear Power StationPDF
80 FR 13004 - Information Collection; OMB Control No. 3090-00XX; Wireless Telecommunications Industry ApplicationPDF
80 FR 13005 - Federal Acquisition Regulation; Submission for OMB Review; Past Performance InformationPDF
80 FR 13036 - SHINE Medical Technologies, Inc.; Notice of Hearing, Opportunity To Intervene, Order Imposing ProceduresPDF
80 FR 13002 - Civilian Board of Contract Appeals; Information Collection; Civilian Board of Contract Appeals Rules of Procedure (GSA Form 9534 Civilian Board of Contract Appeals Subpoena; Form 4 Government Certificate of Finality; Form 5 Appellant/Applicant Certificate of Finality)PDF
80 FR 12974 - Effective Date for Foreign Inspection Certificate RequirementsPDF
80 FR 13026 - Notice Pursuant to the National Cooperative Research and Production Act of 1993 -Vehicle Infrastructure Integration ConsortiumPDF
80 FR 13003 - General Services Administration Acquisition Regulation; Information Collection; Contract Administration, Quality Assurance (GSA Form 1678 and GSA Form 308)PDF
80 FR 13004 - General Services Administration Acquisition Regulation; Information Collection; Solicitation Provisions and Contract Clauses; Placement of Orders Clause; and Ordering Information ClausePDF
80 FR 13026 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-DVD Copy Control AssociationPDF
80 FR 12975 - Notice of Meeting of the National Organic Standards BoardPDF
80 FR 13074 - Proposed Collection; Comment Request for Form 56PDF
80 FR 13026 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-AllSeen Alliance, Inc.PDF
80 FR 12916 - Gypsy Moth Generally Infested Areas; Additions in Minnesota, Virginia, West Virginia, and WisconsinPDF
80 FR 12954 - Importation of Orchids in Growing Media From TaiwanPDF
80 FR 13029 - Meeting of the Advisory Committee on Reactor Safeguards Subcommittee on Power UpratesPDF
80 FR 13072 - Proposed Information Collections; Comment Request (No. 51)PDF
80 FR 12976 - Notice of Availability of a Pest Risk Analysis for the Importation of Fresh Cranberries From Chile Into the Continental United StatesPDF
80 FR 13025 - Community Oriented Policing Services; Public Teleconference With the President's Task Force on 21st Century Policing Discussing Final ReportPDF
80 FR 13028 - NASA Applied Sciences Advisory Committee MeetingPDF
80 FR 13069 - Driver Qualifications; Regulatory Guidance Concerning the Use of Computerized Employer Notification Systems for the Annual Inquiry and Review of Driving RecordsPDF
80 FR 12975 - Office of Tribal Relations; Council for Native American Farming and RanchingPDF
80 FR 13000 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
80 FR 13000 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
80 FR 12996 - Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide RegistrationsPDF
80 FR 12986 - Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Requests for Equitable AdjustmentPDF
80 FR 12985 - Guantanamo Bay to Dania Beach Submarine Fiber Optic Cable System (GTMO SFOC); Environmental Assessment (EA)/Finding of No Significant Impact (FONSI)PDF
80 FR 13040 - New Postal ProductPDF
80 FR 13044 - Product Change-Priority Mail Negotiated Service AgreementPDF
80 FR 13001 - Proposed Agency Information Collection Activities; Comment RequestPDF
80 FR 13043 - Product Change-Priority Mail Negotiated Service AgreementPDF
80 FR 13070 - Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (formerly Subpart Q) during the Week Ending January 10, 2015PDF
80 FR 12933 - Drawbridge Operation Regulation; Columbia River, Vancouver, WAPDF
80 FR 13027 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Local Area Unemployment Statistics ProgramPDF
80 FR 13072 - Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (Formerly Subpart Q) During the Week Ending January 24, 2015PDF
80 FR 13072 - Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (formerly Subpart Q) During the Week Ending January 17, 2015PDF
80 FR 13011 - Agency Information Collection Activities; Proposed Collection; Public Comment RequestPDF
80 FR 13015 - Proposed Collection of Information on Wild Horses and Burros; Request for CommentsPDF
80 FR 13074 - Notice of Open Public HearingPDF
80 FR 13007 - Agency Information Collection Activities; Proposed Collection; Public Comment RequestPDF
80 FR 12977 - Notice of Proposed New Fee Site: Federal Lands Recreation Enhancement ActPDF
80 FR 13042 - New Postal ProductPDF
80 FR 12987 - U.S. Air Force Scientific Advisory Board; Notice of MeetingPDF
80 FR 12999 - Application for Final Commitment for a Long-Term Loan or Financial Guarantee in Excess of $100 Million: AP088967XXPDF
80 FR 13028 - Advisory Committee for Mathematical and Physical Sciences; Notice of MeetingPDF
80 FR 13055 - Self-Regulatory Organizations; ICE Clear Credit LLC; Order Approving Proposed Rule Change To Revise the ICC Treasury Operations Policies and ProceduresPDF
80 FR 13047 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Pilot Period for the Exchange's Retail Liquidity Program, Which Is Currently Scheduled To Expire on March 31, 2015, Until September 30, 2015PDF
80 FR 13054 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Pilot Period for the Exchange's Retail Liquidity Program Which Is Currently Scheduled To Expire on March 31, 2015, Until September 30, 2015PDF
80 FR 13049 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 1082.02 and .03PDF
80 FR 13051 - Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.13, Order Execution, To Delete References to the ROLF Routing Option, Which Routed Orders to LavaFlow ECNPDF
80 FR 13044 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.13, Order Execution, To Delete References to the ROLF Routing Option, Which Routed Order to LavaFlow ECNPDF
80 FR 13046 - Self-Regulatory Organizations; ICE Clear Credit LLC; Order Approving Proposed Rule Change To Revise ICC End-of-Day Price Discovery Policies and ProceduresPDF
80 FR 13053 - Proposed Collection; Comment RequestPDF
80 FR 13024 - Polyvinyl Alcohol From China, Japan, and Korea; Revised Schedule for Full Five-Year ReviewsPDF
80 FR 13025 - Hearing of the Judicial Conference Advisory Committee on Rules of Appellate ProcedurePDF
80 FR 13057 - American Beacon NextShares Trust, et al.; Notice of ApplicationPDF
80 FR 12985 - Education Mission to Central America; March 16-19, 2015PDF
80 FR 12978 - U.S. Education Mission to Western Europe; Portugal, Spain, United Kingdom, France (Optional)PDF
80 FR 13027 - Notice of Lodging of Proposed Consent Decrees Under the Comprehensive Environmental Response, Compensation, and Liability ActPDF
80 FR 13013 - Proposed Collection; 60-Day Comment Request Web-Based Resource for Youth About Clinical Research (NHLBI)PDF
80 FR 13009 - Agency Information Collection Activities; Proposed Collection; Comment Request; Postmarketing Adverse Drug Experience Reporting and Recordkeeping Biological ProductsPDF
80 FR 12980 - Gulf of Mexico Fishery Management Council (Council); Public MeetingPDF
80 FR 12984 - New England Fishery Management Council; Public MeetingPDF
80 FR 12984 - Pacific Fishery Management Council; Nearshore Species' Assessment WorkshopPDF
80 FR 13041 - New Postal ProductPDF
80 FR 12982 - Grant of Interim Extension of the Term of U.S. Patent No. 5,610,059; Monovalent Lawsonia Intracellularis Bacterin VaccinePDF
80 FR 12935 - Incorporate Various Administrative Changes and Internal Policies in to the USAID Acquisition Regulation (AIDAR)PDF
80 FR 13035 - Korea Hydro and Nuclear Power Co., Ltd., and Korea Electric Power CorporationPDF
80 FR 13029 - Department of Energy; Yucca Mountain, Nye County, NevadaPDF
80 FR 13008 - Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial ReviewPDF
80 FR 13012 - Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial ReviewPDF
80 FR 13011 - Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial ReviewPDF
80 FR 13014 - Draft Environmental Impact Statement for the Proposed Pokagon Band of Potawatomi Indians Fee-to-Trust Transfer for Tribal Village and Casino, City of South Bend, St. Joseph County, IndianaPDF
80 FR 13014 - Notice of filing of plats of survey; ArizonaPDF
80 FR 12915 - Administrative Changes to the USAID Regulation on Nonprocurement Debarment and SuspensionPDF
80 FR 13012 - National Cancer Institute; Notice of Closed MeetingsPDF
80 FR 13006 - National Cancer Institute Amended; Notice of MeetingPDF
80 FR 13007 - Center for Scientific Review; Notice of Closed MeetingsPDF
80 FR 13058 - Self-Regulatory Organizations; The Options Clearing Corporation; Order Approving Proposed Rule Change Concerning a Proposed Capital Plan for Raising Additional Capital That Would Support The Options Clearing Corporation's Function as a Systemically Important Financial Market UtilityPDF
80 FR 12934 - Mandatory Greenhouse Gas ReportingPDF
80 FR 13008 - 2015 Parenteral Drug Association/Food and Drug Administration Joint ConferencePDF
80 FR 12995 - Panel Member List for Hydropower Licensing Study Dispute Resolution; Notice Requesting Applications for Panel Member List for Hydropower Licensing Study Dispute ResolutionPDF
80 FR 13070 - Qualification of Drivers; Exemption Applications; VisionPDF
80 FR 12917 - Longshore and Harbor Workers' Compensation Act: Transmission of Documents and InformationPDF
80 FR 12957 - Longshore and Harbor Workers' Compensation Act: Transmission of Documents and InformationPDF
80 FR 12954 - Airworthiness Directives; The Boeing Company AirplanesPDF
80 FR 13078 - Expansion of Gulf of the Farallones and Cordell Bank National Marine Sanctuaries, and Regulatory ChangesPDF
80 FR 12935 - NASA Federal Acquisition Regulation SupplementPDF
80 FR 13120 - Energy Conservation Program for Consumer Products: Energy Conservation Standards for Residential FurnacesPDF

Issue

80 48 Thursday, March 12, 2015 Contents Agency Agency for International Development RULES Acquisition Regulation; Administrative Changes; Corrections, 12935 2015-05580 Nonprocurement Debarment and Suspension Regulations; Administrative Changes, 12915-12916 2015-05569 Agricultural Marketing Agricultural Marketing Service NOTICES Meetings: National Organic Standards Board, 12975-12976 2015-05664 Agriculture Agriculture Department See

Agricultural Marketing Service

See

Animal and Plant Health Inspection Service

See

Food Safety and Inspection Service

See

Forest Service

NOTICES Meetings: Tribal Relations Office; Council for Native American Farming and Ranching, 12975 2015-05643
AIRFORCE Air Force Department NOTICES Meetings: Air Force Scientific Advisory Board, 12987 2015-05616 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13072-13074 2015-05657 Animal Animal and Plant Health Inspection Service RULES Gypsy Moth Generally Infested Areas: Additions in Minnesota, Virginia, West Virginia, and Wisconsin, 12916-12917 2015-05661 PROPOSED RULES Importation of Orchids in Growing Media from Taiwan, 12954 2015-05659 NOTICES Rest Rick Analyses: Importation of Fresh Cranberries From Chile Into the Continental United States, 12976-12977 2015-05656 Antitrust Division Antitrust Division NOTICES Changes under National Cooperative Research and Production Act: ALLSEEN ALLIANCE, Inc., 13026 2015-05662 DVD COPY CONTROL ASSOCIATION, 13026-13027 2015-05665 Membership Changes under National Cooperative Research and Production Act: Vehicle Infrastructure Integration Consortium, 13026 2015-05669 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 13008, 13011-13013 2015-05574 2015-05575 2015-05576 2015-05577 Coast Guard Coast Guard RULES Drawbridge Operations: Columbia River, Vancouver, WA, 12933-12934 2015-05628 Commerce Commerce Department See

International Trade Administration

See

National Oceanic and Atmospheric Administration

See

Patent and Trademark Office

NOTICES Missions: Education Mission to Western Europe -- Portugal, Spain, United Kingdom, France, 12978-12979 2015-05594
Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Defense Federal Acquisition Regulation Supplement; Requests for Equitable Adjustment, 12986 2015-05639 Defense Department Defense Department See

Air Force Department

See

Defense Acquisition Regulations System

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Past Performance Information, 13005-13006 2015-05673 Environmental Assessments; Availability, etc.: Guantanamo Bay to Dania Beach Submarine Fiber Optic Cable System, 12985-12986 2015-05638
Education Department Education Department NOTICES New Award Applications: Evaluation of State Education Programs and Policies Grant Program, 12987-12991 2015-05693 Statewide Longitudinal Data Systems Program, 12991-12995 2015-05682 Energy Department Energy Department See

Federal Energy Regulatory Commission

PROPOSED RULES Energy Conservation Programs for Consumer Products: Residential Furnace Standards, 13120-13198 2015-03275
Environmental Protection Environmental Protection Agency RULES Mandatory Greenhouse Gas Reporting; CFR Correction, 12934-12935 2015-05549 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Volatile Organic Compound Emission Standards for Architectural Coatings, 12996 C1--2015--04017 Requests to Voluntarily Cancel Certain Pesticide Registrations, 12996-12999 2015-05640 Export Import Export-Import Bank NOTICES Applications for Long-Term Loans or Financial Guarantees in Excess of $100 Million, 12999-13000 2015-05615 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: The Boeing Company Airplanes, 12954-12957 2015-05032 Federal Energy Federal Energy Regulatory Commission NOTICES Dispute Resolutions: Panel Member List for Hydropower Licensing Study Dispute Resolution, 12995-12996 2015-05389 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Vision, 13070-13072 2015-05258 Qualification of Drivers; Regulatory Guidance: Use of Computerized Employer Notification Systems for the Annual Inquiry and Review of Driving Records, 13069-13070 2015-05645 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13001-13002 2015-05632 Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 13000-13001 2015-05641 Federal Open Market Committee Domestic Policy Directives, 13000 2015-05694 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 13000 2015-05642 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Postmarketing Adverse Drug Experience Reporting and Recordkeeping Biological Products, 13009-13011 2015-05591 Meetings: 2015 Parenteral Drug Association/Food and Drug Administration Joint Conference, 13008-13009 2015-05513 Food Safety Food Safety and Inspection Service NOTICES Effective Date for Foreign Inspection Certificate Requirements, 12974 2015-05670 Forest Forest Service NOTICES Proposed New Fees Site under the Federal Lands Recreation Enhancement Act: Humboldt-Toiyabe National Forest, Sparks, NV, 12977 2015-05618 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Civilian Board of Contract Appeals Rules of Procedure, 13002-13003 2015-05671 Contract Administration, Quality Assurance, 13003-13004 2015-05667 Federal Acquisition Regulation; Past Performance Information, 13005-13006 2015-05673 General Services Administration Acquisition Regulations - Solicitation Provisions and Contract Clauses; Placement of Orders Clause; and Ordering Information Clause, 13004 2015-05666 Wireless Telecommunications Industry Application, 13004-13005 2015-05678 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Food and Drug Administration

See

National Institutes of Health

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13007-13008, 13011-13012 2015-05619 2015-05624
Homeland Homeland Security Department See

Coast Guard

Indian Affairs Indian Affairs Bureau NOTICES Alcoholic Beverage Licensing and Control: Tohono O'odham Nation of Arizona, 13017-13024 2015-05695 Environmental Impact Statements; Availability, etc.: Pokagon Band of Potawatomi Indians Fee-to-Trust Transfer for Tribal Village and Casino, City of South Bend, St. Joseph County, IN, 13014 2015-05573 Interior Interior Department See

Indian Affairs Bureau

See

Land Management Bureau

Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13074 2015-05663 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Kitchen Appliance Shelving and Racks from the People's Republic of China, 12983-12984 2015-05711 Melamine from the People's Republic of China and Trinidad and Tobago, 12979-12980 2015-05697 Tetrahydrofurfuryl Alcohol from the People's Republic of China, 12981-12982 2015-05713 Uncoated Paper from the People's Republic of China and Indonesia, 12977-12978 2015-05699 Missions: Education Mission to Central America, 12985 2015-05595 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Polyvinyl Alcohol from China, Japan, and Korea, 13024-13025 2015-05599 Meetings; Sunshine Act, 13025 2015-05732 Judicial Conference Judicial Conference of the United States NOTICES Meetings: Judicial Conference Advisory Committee on Rules of Appellate Procedure, 13025 2015-05598 Justice Department Justice Department See

Antitrust Division

NOTICES Meetings: Community Oriented Policing Services, President's Task Force on 21st Century Policing; Teleconference, 13025-13026 2015-05655 Proposed Consent Decrees under CERCLA, 13027 2015-05593
Labor Department Labor Department See

Workers Compensation Programs Office

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Local Area Unemployment Statistics Program, 13027-13028 2015-05627
Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Wild Horses and Burros, 13015-13017 2015-05623 Plats of Survey: Arizona, 13014-13015 2015-05572 NASA National Aeronautics and Space Administration RULES NASA Federal Acquisition Regulation Supplement, 12935-12953 2015-04228 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Past Performance Information, 13005-13006 2015-05673 Meetings: Applied Sciences Advisory Committee, 13028 2015-05653 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Web-based Resource for Youth about Clinical Research, 13013 2015-05592 Meetings: Center for Scientific Review, 13007 2015-05566 National Cancer Institute, 13006, 13012 2015-05567 2015-05568 National Oceanic National Oceanic and Atmospheric Administration RULES Boundary Expansions: Gulf of the Farallones and Cordell Bank National Marine Sanctuaries; Regulatory Changes, 13078-13117 2015-04502 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 12980-12981 2015-05588 New England Fishery Management Council, 12984 2015-05587 Pacific Fishery Management Council; Nearshore Species' Assessment Workshop, 12984 2015-05586 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Mathematical and Physical Sciences, 13028-13029 2015-05614 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications: Entergy Nuclear Operations, Inc., Pilgrim Nuclear Power Station, 13030-13035 2015-05679 SHINE Medical Technologies, Inc.; Hearing, Opportunity to Intervene, Order Imposing Procedures, 13036-13040 2015-05672 Environmental Impact Statements; Availability, etc.: Department of Energy; Yucca Mountain, Nye County, NV, 13029-13030 2015-05578 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Power Uprates, 13029 2015-05658 Standard Design Certifications: Korea Hydro and Nuclear Power Co., Ltd., and Korea Electric Power Corp., 13035-13036 2015-05579 Patent Patent and Trademark Office NOTICES Patent Term Extensions: Monovalent Lawsonia Intracellularis Bacterin Vaccine, 12982 2015-05581 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 2015-05582 13040-13043 2015-05583 2015-05584 2015-05585 2015-05617 2015-05636 Postal Service Postal Service NOTICES Product Changes: Priority Mail Negotiated Service Agreement, 2015-05597 13043-13044 2015-05609 2015-05610 2015-05621 2015-05622 2015-05630 2015-05635 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13053-13054 2015-05600 2015-05601 Applications: American Beacon NextShares Trust, et al., 13057-13058 2015-05596 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 13044-13046 2015-05603 BATS Y-Exchange, Inc., 13051-13052 2015-05604 ICE Clear Credit, LLC, 13046-13047, 13055-13057 2015-05602 2015-05608 NASDAQ OMX PHLX, LLC, 13049-13051 2015-05605 New York Stock Exchange, LLC, 13054-13055 2015-05606 NYSE MKT, LLC, 13047-13049 2015-05607 The Options Clearing Corp., 13058-13069 2015-05556 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Motor Carrier Safety Administration

NOTICES Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits; Applications, 13070, 13072 2015-05625 2015-05626 2015-05629
Treasury Treasury Department See

Alcohol and Tobacco Tax and Trade Bureau

See

Internal Revenue Service

U.S. China U.S.-China Economic and Security Review Commission NOTICES Public Hearings, 13074-13075 2015-05620 Workers' Workers Compensation Programs Office RULES Longshore and Harbor Workers' Compensation Act; Transmission of Documents and Information, 12917-12933 2015-05103 PROPOSED RULES Longshore and Harbor Workers' Compensation Act; Transmission of Documents and Information, 12957-12973 2015-05100 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 13078-13117 2015-04502 Part III Energy Department, 13120-13198 2015-03275 Reader Aids

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

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

80 48 Thursday, March 12, 2015 Rules and Regulations AGENCY FOR INTERNATIONAL DEVELOPMENT 2 CFR Part 780 RIN 0412-AA77 Administrative Changes to the USAID Regulation on Nonprocurement Debarment and Suspension AGENCY:

U.S. Agency for International Development.

ACTION:

Direct final rule.

SUMMARY:

The U.S. Agency for International Development (USAID) is amending its regulations regarding nonprocurement debarment and suspension to revise the designation of the Agency official who will serve as the Agency's Suspending Official and Debarring Official and also to revise the designation of the individual who may grant an exception to let an excluded person participate in a covered transaction.

DATES:

This rule is effective June 10, 2015 without further action, unless adverse comments are received by April 13, 2015. Submit comments on or before April 13, 2015.

ADDRESSES:

Address all comments concerning this notice to Marcelle J. Wijesinghe, Bureau for Management, Office of Acquisition and Assistance, Policy Division (M/OAA/P), Room 867J, SA-44, Washington, DC 20523-2052. Submit comments, identified by title of the action and Regulatory Information Number (RIN) by any of the following methods:

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

Email: Submit electronic comments to both [email protected] and [email protected] See SUPPLEMENTARY INFORMATION for file formats and other information about electronic filing.

Mail: USAID, Bureau for Management, Office of Acquisition & Assistance, Policy Division, Room 867J, SA-44, Washington, DC 20523-2052.

FOR FURTHER INFORMATION CONTACT:

Lyudmila Bond, Telephone: 202-567-4753 or Email: [email protected]

SUPPLEMENTARY INFORMATION:

A. Instructions

All comments must be in writing and submitted through one of the methods specified in the ADDRESSES section above. All submissions must include the title of the action and RIN for this rulemaking. Please include your name, title, organization, postal address, telephone number, and email address in the text of the message.

Comments submitted by email must be included in the text of the email or attached as a PDF file. Please avoid using special characters and any form of encryption. Please note, however, that because security screening precautions have slowed the delivery and dependability of surface mail to USAID/Washington, USAID recommends sending all comments to the Federal eRulemaking Portal.

All comments will be made available for public review without change, including any personal information provided, from three workdays after receipt to finalization of the action at http://www.regulations.gov. Do not submit information that you consider Confidential Business Information (CBI) or any information that is otherwise protected from disclosure by statute.

USAID is publishing this revision as a direct final rule as the Agency views this as an administrative amendment and does not anticipate any adverse comments. This rule will be effective on the date specified in the Dates section above without further notice unless adverse comment(s) are received by the date specified in the Dates section above. If adverse comments are received, USAID will publish a timely withdrawal of the rule in the Federal Register. Only comments that explain why the rule would be inappropriate, ineffective or unacceptable without a change will be considered.

B. Background

The following changes are implemented by this final rule:

(1) To enhance and elevate the independent authority of the suspending and debarring official (SDO) at USAID, the Agency is transferring the duties of the SDO from the procurement office to the Assistant Administrator, Bureau for Management or designee. This rule is implementing this change as applicable to nonprocurement debarment and suspension.

(2) The authorities to grant an exception permitting an excluded person to participate in a particular covered transaction, previously delegated to the Director of the Office of Acquisition and Assistance is re-delegated to the Assistant Administrator, Bureau for Management or designee.

C. Regulatory Planning and Review

This rule has been determined to be “nonsignificant” under the Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993 and, therefore, is not subject to review. This rule is not a major rule under 5 U.S.C. 804.

D. Regulatory Flexibility Act

The U.S. Agency for International Development certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the revisions of this rule will not impose any costs on either small or large businesses; therefore, an Initial Regulatory Flexibility Analysis has not been performed.

List of Subjects in 2 CFR Part 780

Federal grant program.

For the reasons discussed in the preamble, USAID amends 2 CFR part 780, subparts A and I as set forth below:

PART 780—NONPROCUREMENT DEBARMENT AND SUSPENSION 1. The authority citations for 2 CFR part 780 continue to read as follows: Authority:

Sec. 2455, Pub. L. 103-355, 108 Stat. 3327; E.O. 12549, 3 CFR, 1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989 Comp., p. 235.

Subpart A—General 2. Revise § 780.137 to read as follows:
§ 780.137 Who in USAID may grant an exception to let an excluded person participate in a covered transaction?

The Assistant Administrator, Bureau for Management, or designee as delegated in Agency policy found in ADS 103—Delegations of Authority, may grant an exception permitting an excluded person to participate in a particular covered transaction. If the Assistant Administrator, Bureau for Management or designee, grants an exception, the exception must be in writing and state the reason(s) for deviating from the government-wide policy in Executive Order 12549.

Subpart I—Definitions 3. Revise § 780.930 to read as follows:
§ 780.930 Debarring Official (Agency for International Development supplement to government-wide definition at 2 CFR 180.930).

The Debarring Official for USAID is the Assistant Administrator, Bureau for Management, or designee as delegated in Agency policy found in ADS 103—Delegations of Authority.

4. Revise § 780.1010 to read as follows:
§ 780.1010 Suspending Official (Agency for International Development supplement to government-wide definition at 2 CFR 180.1010).

The Suspending Official for USAID is the Assistant Administrator, Bureau for Management, or designee as delegated in Agency policy found in ADS 103—Delegations of Authority.

Aman S. Djahanbani, Director, Bureau for Management, Office of Acquisition and Assistance.
[FR Doc. 2015-05569 Filed 3-11-15; 8:45 am] BILLING CODE 6116-01-P
DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2014-0023] Gypsy Moth Generally Infested Areas; Additions in Minnesota, Virginia, West Virginia, and Wisconsin AGENCY:

Animal and Plant Health Inspection Service, USDA.

ACTION:

Interim rule and request for comments.

SUMMARY:

We are amending the gypsy moth regulations by adding areas in Minnesota, Virginia, West Virginia, and Wisconsin to the list of generally infested areas based on the detection of infestations of gypsy moth in those areas. As a result of this action, the interstate movement of regulated articles from those areas is restricted. This action is necessary to prevent the artificial spread of the gypsy moth to noninfested areas of the United States.

DATES:

This interim rule is effective March 12, 2015. We will consider all comments that we receive on or before May 11, 2015.

ADDRESSES:

You may submit comments by either of the following methods:

Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0023.

Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2014-0023, 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-2014-0023 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:

Mr. Paul Chaloux, National Policy Manager, Emerald Ash Borer Program and Gypsy Moth Program, Plant Protection and Quarantine, APHIS, 4700 River Road Unit 137, Riverdale, MD 20737; (301) 851-2064.

SUPPLEMENTARY INFORMATION: Background

The gypsy moth, Lymantria dispar (Linnaeus), is a destructive pest of forest, shade, and commercial trees such as nursery stock and Christmas trees. The gypsy moth regulations (contained in 7 CFR 301.45 through 301.45-12 and referred to below as the regulations) restrict the interstate movement of regulated articles from generally infested areas to prevent the artificial spread of the gypsy moth.

In accordance with § 301.45-2 of the regulations, generally infested areas are, with certain exceptions, those States or portions of States in which a gypsy moth general infestation has been found by an inspector, or each portion of a State that the Administrator deems necessary to regulate because of its proximity to infestation or its inseparability for quarantine enforcement purposes from infested localities. Less than an entire State will be designated as a generally infested area only if: (1) The State has adopted and is enforcing a quarantine or regulation that imposes restrictions on the intrastate movement of regulated articles that are substantially the same as those that are imposed with respect to the interstate movement of such articles; and (2) the designation of less than the entire State as a generally infested area will be adequate to prevent the artificial interstate spread of infestations of the gypsy moth.

Section 301.45-3 of the regulations lists generally infested areas. In this rule, we are amending § 301.45-3(a) by adding the following areas to the list of generally infested areas: Cook and Lake Counties in Minnesota; Tazewell County in Virginia; McDowell, Mercer, Raleigh, Summers, and Wyoming Counties in West Virginia; and Iowa County in Wisconsin. As a result of this rule, the interstate movement of regulated articles from these areas will be restricted.

On December 4, 2012, January 2, 2013, and August 21, 2014, respectively, the Animal and Plant Health Inspection Service (APHIS) issued Federal Orders to quarantine the counties listed above for gypsy moth in response to confirmed infestations in those counties. This was done in cooperation with the respective State officials. By adding the above-named counties in Minnesota, Virginia, West Virginia, and Wisconsin to the list of generally infested areas, this rule will help prevent the artificial spread of the gypsy moth to noninfested areas of the United States.

We are also removing the requirement in § 301.45-4 that regulated articles originating outside of any generally infested area and moving interstate directly through any generally infested area must be covered to prevent access by the gypsy moth in any of its life stages. That requirement was put in place out of an abundance of caution when we had a more limited understanding of the biology and behavior of the gypsy moth. In the intervening time, advances in our understanding of the pest have led APHIS to conclude that the requirement does not provide additional protection from the spread of gypsy moth during shipment. We are therefore removing a requirement that we no longer view as necessary, thus lightening the regulatory burden on shippers of regulated articles.

Emergency Action

This rulemaking is necessary on an emergency basis because of the possibility that the gypsy moth could be artificially spread to noninfested areas of the United States, where it could cause economic losses due to the defoliation of susceptible forest and shade trees. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the Federal Register.

We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the Federal Register. The document will include a discussion of any comments we receive and any amendments we are making to the rule.

Executive Order 12866 and Regulatory Flexibility Act

This interim rule is subject to Executive Order 12866. However, for this action, the Office of Management and Budget has waived its review under Executive Order 12866.

In accordance with the Regulatory Flexibility Act, we have analyzed the potential economic effects of this action on small entities. The analysis is summarized below. The full analysis may be viewed on the Regulations.gov Web site (see ADDRESSES above for instructions for accessing Regulations.gov) or obtained from the person listed under FOR FURTHER INFORMATION CONTACT.

We are amending the gypsy moth regulations by adding areas in Minnesota, Virginia, West Virginia, and Wisconsin to the list of generally infested areas based on detected infestations of gypsy moth. As a result of this action, the interstate movement of regulated articles from those areas is restricted.

This interim rule will affect businesses such as nurseries, Christmas tree farms, and timber companies that are located within the newly quarantined areas and that transport regulated articles interstate. Agricultural entities in the newly quarantined areas are predominantly, if not entirely, small entities.

We do not anticipate any significant economic impacts resulting from this action. APHIS works closely with State officials through quarantines and regulatory programs to limit the artificial spread of gypsy moth beyond infested areas, and stakeholders support these efforts. Many of the potentially affected entities are already operating under compliance agreements. Businesses with compliance agreements can self-inspect regulated articles moved from quarantined areas. Businesses without compliance agreements can have inspection and certification services provided by State or Federal officials at no cost.

Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities.

Executive Order 12372

This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule: (1) Preempts all State and local laws and regulations that are inconsistent with this rule; (2) has no retroactive effect; and (3) does not require administrative proceedings before parties may file suit in court challenging this rule.

Paperwork Reduction Act

This rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation.

Accordingly, we are amending 7 CFR part 301 as follows:

PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority:

7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3.

Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note).

2. In § 301.45-3, paragraph (a) is amended as follows: a. By adding, in alphabetical order, an entry for Minnesota. b. Under the heading Virginia, by adding an entry for Tazewell County in alphabetical order. c. Under the heading West Virginia, by adding entries for McDowell County, Mercer County, Raleigh County, Summers County, and Wyoming County in alphabetical order. d. Under the heading Wisconsin, by adding an entry for Iowa County in alphabetical order.

The additions read as follows:

§ 301.45-3 Generally infested areas.

(a) * * *

Minnesota

Cook County. The entire county.

Lake County. The entire county.

Virginia

Tazewell County. The entire county.

West Virginia

McDowell County. The entire county.

Mercer County. The entire county.

Raleigh County. The entire county.

Summers County. The entire county.

Wyoming County. The entire county.

Wisconsin

Iowa County. The entire county.

§ 301.45-4 [Amended]
3. In § 301.45-4, paragraph (b) is amended by removing the last sentence of the paragraph. Done in Washington, DC, this 6th day of March 2015. Kevin Shea, Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-05661 Filed 3-11-15; 8:45 am] BILLING CODE 3410-34-P
DEPARTMENT OF LABOR Office of Workers' Compensation Programs 20 CFR Parts 702 and 703 RIN 1240-AA09 Longshore and Harbor Workers' Compensation Act: Transmission of Documents and Information AGENCY:

Office of Workers' Compensation Programs, Labor.

ACTION:

Direct final rule; request for comments.

SUMMARY:

Parties to claims arising under the Longshore and Harbor Workers' Compensation Act and its extensions (LHWCA or Act) and entities required to have insurance pursuant to the Act frequently correspond with the Office of Workers' Compensation Programs (OWCP) and each other. The current regulations require that some of these communications be made in paper form via a specific delivery mechanism such as certified mail, U.S. mail or hand delivery. As technologies improve, other means of communication—including electronic methods—may be more efficient and cost-effective. Accordingly, this rule broadens the acceptable methods by which claimants, employers, and insurers can communicate with OWCP and each other.

DATES:

This direct final rule is effective June 10, 2015 without further action unless OWCP receives significant adverse comment to this rule by midnight Eastern Standard Time on May 11, 2015. If OWCP receives significant adverse comment, it will publish a timely withdrawal of the final rule in the Federal Register.

ADDRESSES:

You may submit written comments, identified by RIN number 1240-AA09, by any of the following methods.

Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions on the Web site for submitting comments. To facilitate receipt and processing of comments, OWCP encourages interested parties to submit their comments electronically.

Fax: (202) 693-1380 (this is not a toll-free number). Only comments of ten or fewer pages, including a Fax cover sheet and attachments, if any, will be accepted by Fax.

Regular Mail: Division of Longshore and Harbor Workers' Compensation, Office of Workers' Compensation Programs, U.S. Department of Labor, Suite C-4319, 200 Constitution Avenue NW., Washington, DC 20210. The Department's receipt of U.S. mail may be significantly delayed due to security procedures. You must take this into consideration when preparing to meet the deadline for submitting comments.

Hand Delivery/Courier: Division of Longshore and Harbor Workers' Compensation, Office of Workers' Compensation Programs, U.S. Department of Labor, Suite C-4319, 200 Constitution Avenue NW., Washington, DC 20210.

Instructions: All submissions received must include the agency name and the Regulatory Information Number (RIN) for this rulemaking. All comments received will be posted without change to http://www.regulations.gov including any personal information provided.

Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:

Antonio Rios, Director, Division of Longshore and Harbor Workers' Compensation, Office of Workers' Compensation Programs, U.S. Department of Labor, Suite C-4319, 200 Constitution Avenue NW., Washington, DC 20210. Telephone: (202) 693-0038 (this is not a toll-free number). TTY/TDD callers may dial toll-free 1-877-889-5627 for further information.

SUPPLEMENTARY INFORMATION:

I. Direct Final Rule Published Concurrently With Companion Proposed Rule

In direct final rulemaking, an agency publishes a direct final rule in the Federal Register with a statement that the rule will go into effect unless the agency receives significant adverse comment within a specified period. The agency concurrently publishes an identical proposed rule. If the agency receives no significant adverse comment in response to the direct final rule, the rule goes into effect. If the agency receives significant adverse comment, the agency withdraws the direct final rule and treats such comment as submissions on the proposed rule. An agency typically uses direct final rulemaking when it anticipates the rule will be non-controversial.

OWCP has determined that this rule, which modifies the existing regulations to facilitate the exchange of documents and information, is suitable for direct final rulemaking. The rule expands the methods by which employers, claimants, insurers, and OWCP can transmit documents and information to each other; the rule does not eliminate current methods. Thus, OWCP does not expect to receive significant adverse comment on this rule.

OWCP is also publishing a companion notice of proposed rulemaking in the “Proposed Rules” section of today's Federal Register to expedite notice-and-comment rulemaking in the event OWCP receives significant adverse comment and withdraws this direct final rule. The proposed and direct final rules are substantively identical, and their respective comment periods run concurrently. OWCP will treat comments received on the companion proposed rule as comments regarding the direct final rule and vice versa. Thus, if OWCP receives significant adverse comment on either this direct final rule or the companion proposed rule, OWCP will publish a Federal Register notice withdrawing this direct final rule and will proceed with the proposed rule. If no significant adverse comment is received, this direct final rule will become effective June 10, 2015.

For purposes of this direct final rule, a significant adverse comment is one that explains: (1) Why the rule is inappropriate, including challenges to the rule's underlying premise or approach; or (2) why the direct final rule will be ineffective or unacceptable without a change. In determining whether a significant adverse comment necessitates withdrawal of this direct final rule, OWCP will consider whether the comment raises an issue serious enough to warrant a substantive response had it been submitted in a standard notice-and-comment process. A comment recommending an addition to the rule will not be considered significant and adverse unless the comment explains how this direct final rule would be ineffective without the addition.

OWCP requests comments on all issues related to this rule, including economic or other regulatory impacts of this rule on the regulated community. All interested parties should comment at this time because OWCP will not initiate an additional comment period on the proposed rule even if it withdraws the direct final rule.

II. Background of This Rulemaking

The LHWCA, 33 U.S.C. 901-950, establishes a comprehensive federal workers' compensation system for an employee's disability or death arising in the course of covered maritime employment. Metropolitan Stevedore Co. v. Rambo, 515 U.S. 291, 294 (1995). The Act's provisions have been extended to: (1) Contractors working on military bases or U.S. government contracts outside the United States (Defense Base Act, 42 U.S.C. 1651-54); (2) employees of nonappropriated fund instrumentalities (Nonappropriated Fund Instrumentalities Act, 5 U.S.C. 8171-73); (3) employees engaged in operations that extract natural resources from the outer continental shelf (Outer Continental Shelf Lands Act, 43 U.S.C. 1333(b)); and (4) private employees in the District of Columbia injured prior to July 26, 1982 (District of Columbia Workers' Compensation Act of May 17, 1928, Public Law 70-419 (formerly codified at 36 D.C. Code 501 et seq. (1973) (repealed 1979)). Consequently, the Act and its extensions cover a broad range of claims for injuries that occur throughout the United States and around the world.

The Department's regulations implementing the LHWCA and its extensions (20 CFR parts 701-704) currently contemplate that private parties and OWCP file and exchange documents only in paper form and, in some instances, require transmission via specific methods such as certified mail, U.S. mail, or hand delivery. Because many of these procedural rules were last amended in 1985 and 1986, see 51 FR 4270 (February 3, 1986); 50 FR 384 (January 3, 1985), they do not address whether the parties or OWCP may use electronic communication methods (e.g., facsimile, email, web portal) or commercial delivery services (e.g., United Parcel Service, Federal Express). These communication methods have now become ubiquitous and are routinely relied upon by individuals, businesses, and government agencies alike.

Recently, OWCP has been employing electronic technology to improve the program's administration. In 2009, OWCP began accepting reports of insurance coverage electronically. See Notice from Chief, Branch of Financial Management, Insurance and Assessments (December 2, 2009) http://www.regulations.gov (docket folder for RIN 1240-AA09); Industry Notice No. 138 (January 3, 2012) http://www.dol.gov/owcp/dlhwc/lsindustrynotices/industrynotice138.htm. In 2013, OWCP began creating electronic case files for all new LHWCA cases. See LHWCA Bulletin No. 14-03 (November 26, 2013), http://www.dol.gov/owcp/dlhwc/LSBulletin14-03.pdf. And in 2014, OWCP launched SEAPortal, a web-based electronic portal that parties may use to submit case-specific documents to OWCP. See Industry Notice No. 148 (October 31, 2014), http://www.dol.gov/owcp/dlhwc/lsindustrynotices/industrynotice148.pdf. These advancements have enhanced claims administration within OWCP and the parties' ability to submit documents to OWCP. But they do not adequately expand the methods employers, claimants, insurers, and OWCP may use to transmit documents and information to each other.

Consistent with other workers' compensation schemes, the LHWCA provides “limited liability for employers” and “certain, prompt recovery for employees.” Roberts v. Sea-Land Servs., Inc., _ U.S. _, 132 S.Ct. 1350, 1354 (2012). These goals are advanced through efficient and effective communications between the private parties and OWCP. This rule thus revises the regulations to: (1) Remove bars to using electronic and other commonly used communication methods wherever possible; (2) provide flexibility for OWCP to allow the use of technological advances in the future; and (3) ensure that all parties remain adequately apprised of claim proceedings.

Because the revisions are procedural in nature, this rule applies to all matters pending on the date the rule is effective as well as those that arise thereafter. This will not work a hardship on the private parties or their representatives since, as explained below, the revisions either codify current practice or broaden the methods by which documents and information may be transmitted.

III. Legal Basis for the Rule

Section 39(a) of the LHWCA, 33 U.S.C. 939(a), authorizes the Secretary of Labor to prescribe all rules and regulations necessary for the administration and enforcement of the Act and its extensions. The LHWCA also grants the Secretary authority to determine by regulation how certain statutory notice and filing requirements are met. See 33 U.S.C. 907(j)(1) (the Secretary is authorized to “make rules and regulations and to establish procedures” regarding debarment of physicians and health care providers under 33 U.S.C. 907(c)); 33 U.S.C. 912(c) (employer must notify employees of the official designated to receive notices of injury “in a manner prescribed by the Secretary in regulations”); 33 U.S.C. 919(a) (claim for compensation may be filed “in accordance with regulations prescribed by the Secretary”); 33 U.S.C. 919(b) (notice of claim to be made “in accordance with regulations prescribed by the Secretary”); 33 U.S.C. 935 (“the Secretary shall by regulation provide for the discharge, by the carrier,” of the employer's liabilities under the Act). This rule falls well within these statutory grants of authority.

In developing these rules, the Department has also considered the principles underlying two additional statutes: The Government Paperwork Elimination Act (GPEA), 44 U.S.C. 3504, and the Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. 7001 et seq. GPEA requires agencies, when practicable, to store documents electronically and to allow individuals and entities to communicate with agencies electronically. It also provides that electronic documents and signatures will not be denied legal effect merely because of their electronic form. Similarly, E-SIGN generally provides that electronic documents have the same legal effect as their hard copy counterparts and allows electronic records to be used in place of hard copy documents with appropriate safeguards. 15 U.S.C. 7001. Under E-SIGN, federal agencies retain the authority to specify the means by which they receive documents, 15 U.S.C. 7004(a), and to modify the disclosures required by Section 101(c), 15 U.S.C. 7001(c), under appropriate circumstances. These rules are consistent with and further the purposes of GPEA and E-SIGN.

IV. New and Revised Rules A. General Provisions

This rule makes several general revisions to advance the goals set forth in Executive Order 13563 (January 18, 2011). That Order states that regulations must be “accessible, consistent, written in plain language, and easy to understand.” 76 FR 3821; see also E.O. 12866, 58 FR 51735 (September 30, 1993) (“Each agency shall draft its regulations to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty.”). Accordingly, this rule removes the imprecise term “shall” throughout those sections it amends and substitutes “must,” “must not,” “will,” or other situation-appropriate terms. These changes are designed to make the regulations clearer and more user-friendly. See generally Federal Plain Language Guidelines, http://www.plainlanguage.gov/howto/guidelines.

Executive Order 13563 also instructs agencies to review “rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them.” As a result, this rule ceases publication of two rules that are obsolete or unnecessary. These rules are set forth in the Section-by-Section Explanation below.

B. Section-by-Section Explanation 20 CFR 702.101 Exchange of Documents and Information

This section is new. It sets out general rules for transmitting documents and information that apply except when another rule or OWCP requires a specific form of communication.

Paragraph (a) specifies the methods by which documents and information must be sent to OWCP. Paragraph (a)(1) specifies that hard copy documents and information must be submitted by postal mail, commercial delivery service, or delivered by hand. Paragraph (a)(2) specifies that electronic documents and information must be submitted through an electronic system that has been authorized by OWCP. OWCP's SEAPortal is an example of such a system. Paragraph (a)(3) recognizes that occasions may arise where transmission methods other than those enumerated would be preferable and provides that additional methods may be used when allowed by OWCP.

Paragraph (b) specifies the methods by which documents and information must be sent from OWCP to parties and their representatives or exchanged between parties and party representatives. Paragraph (b)(1) specifies that hard copy documents must be sent or exchanged by postal mail, commercial delivery service, or hand delivery. Paragraph (b)(2) specifies that documents and information can be sent or exchanged electronically, but only if they are sent through a reliable method and the receiving party agrees in writing to accept electronic transmission by the particular method used. Requiring written confirmation protects all parties and representatives from misunderstandings about service and ensures that the recipient has the technology necessary to receive documents by the selected method. The Department does not intend that this process be overly formalistic; a letter, email or other writing memorializing the receiving party's agreement would be sufficient to satisfy the regulatory requirement. A party's agreement to receive documents or information electronically, although required before a sender can elect to use an electronic transmission method, does not obligate the sender to use an electronic transmission method. Finally, paragraph (b)(3) specifies that documents and information can be sent or exchanged through any OWCP-authorized electronic system that allows for service of documents. Although not currently available, this provision is added for use in the event OWCP adopts such a system in the future.

Paragraph (c) provides a non-exhaustive list of reliable electronic transmission methods.

Paragraph (d) specifies that parties or representatives who agree to receive documents electronically in accordance with paragraph (b)(2) can revoke their agreement by giving written notice to the person or entity with whom they initially agreed to receive documents electronically. For example, if a claimant's legal representative no longer wishes to receive documents electronically from the employer's attorney, the representative can revoke the agreement by simply notifying opposing counsel in writing. Similarly, if a pro se claimant initially agrees to receive documents electronically from OWCP, he or she may terminate that agreement by sending a letter or some other form of writing to OWCP. As with the procedure for agreeing to electronic service, the Department does not intend this procedure to be overly formalistic.

Paragraph (e) recognizes that the Longshore regulations use various terms to describe the process of exchanging documents and information with OWCP and between parties. It provides that paragraphs (a) through (d) apply when those terms are used.

Paragraph (f) clarifies that references to documents include both electronic and hard copy documents.

Paragraph (g) explains that a requirement that something be in writing, signed, certified, or executed does not presuppose that the document must be in hard copy.

Paragraph (h) states that an entity's address may include its electronic address or Web portal.

Finally, paragraphs (i)(1) and (2) clarify that when a document must be sent to a particular district director's office or a district director must take an action with respect to a document in his or her office, the physical or electronic address or file location provided for that district director's office by OWCP rather than that district director's physical location controls. These provisions accommodate the Department's current and anticipated future plans to have most mail for district offices sent to a central mail receipt location and eventually to an electronic location and to handle documents in an electronic case file environment.

20 CFR 702.102 Establishment and Modification of Compensation Districts, Establishment of Suboffices and Jurisdictional Areas

Current § 702.102(a) explains that the Director has established compensation districts as required under the Act and specifies that the Director must notify interested parties “by mail” of changes to the compensation districts. Revised § 701.102(a) removes the phrase “by mail” to broaden the methods by which the Director may notify interested parties of a change to the compensation districts.

20 CFR 702.103 Effect of Establishment of Suboffices and Jurisdictional Areas

Current § 702.103 explains that the Director may require claims-related materials to be filed in suboffices. Revised § 702.103 changes the phrase “at the suboffice” to “with the suboffice” to reflect that documents being filed with a suboffice will not necessarily be filed at that suboffice per se, but rather will be filed at the physical or electronic address provided by OWCP.

20 CFR 702.104 Transfer of Individual Case File

Current § 702.104(b) provides that the district director who is transferring a case to a different district office may give advice, comments, or suggestions to the district director receiving the case. The regulation also specifies that the transfer must be made by registered or certified mail. District directors now have the capacity to transfer many cases by secure electronic means, or may prefer to use a commercial delivery service such as Federal Express or the United Parcel Service. Accordingly, revised § 702.104 removes the requirement that cases be transferred by registered or certified mail to broaden the methods by which district directors may transfer cases between offices.

20 CFR 702.174 Exemptions; Necessary Information

Current § 702.174(b)(1) provides that in cases where the Director approves an employer's application for an exemption from coverage under the Act, the Director shall notify the employer of its exemption by certified mail, return receipt requested. This non-statutory requirement limits the Director's ability to take advantage of other efficient means of service that may be less costly. Accordingly, revised § 702.174(b)(1) removes the certified mail requirement to broaden the methods by which the Director may notify employers that their application for exemption has been approved. The revised rule also includes a technical amendment to § 702.174(b)(2) to conform the language regarding notification of a denial of exempt status to the language in revised subsection (b)(1).

20 CFR 702.203 Employer's Report; How Given

Current § 702.203 provides that employers must submit their injury reports by delivering or mailing an original and one copy to the office of the district director. The rule implements the statutory directive to employers to “send to the Secretary a report” of injury and “a copy of such report” to the district director within ten days of an employee's injury or death. 33 U.S.C. 930(a), (b). Although not reflected in the current regulation, the Act also provides that “mailing” a report “in a stamped envelope” within the ten-day time period satisfies the statute's requirements. 33 U.S.C. 930(d).

Revised § 702.203 alters the current rule in two ways. First, revised paragraph (a) eliminates the requirement that employers provide an original and a copy of their injury reports. OWCP has instituted a policy of storing documents electronically; thus, there is no continuing need to submit multiple copies of the same document. Instead, submission of one report to the district director will satisfy the employer's statutory obligation to notify both the Secretary and the district director. Second, revised paragraph (b) modifies the current regulation to address what actions satisfy the ten-day time period for filing the injury report. Consistent with Section 30(d), revised paragraph (b) specifies that when sent by U.S. postal mail, an employer's report of injury will be deemed filed on the date mailed. The rule extends this same statutory concept—that an employer meets the reporting obligation when it sends the report, not when the report is received by OWCP—to commercial delivery services and electronic filings. Thus, the rule provides that the report will be considered filed on the date given to a commercial delivery service or, when sent by permissible electronic means, the date the employer completes all steps necessary for electronic delivery.

20 CFR 702.215 Notice; How Given

Current § 702.215 provides that an employee's notice of injury or survivor's notice of death must be given to the employer by hand delivery or by mail. It further provides that notice of an injury may be given to the district director by hand delivery, mail, orally in person, or by telephone. Revised § 702.215 modifies the current section to allow the use of additional means of providing notice to the employer and to the district director.

For employer notice, the revised rule allows an employee or survivor to provide notice at the physical or electronic address supplied by the employer. Using the broader “physical” address term encompasses the current hand and mail delivery, and expands it to other methods such as a commercial delivery service. And by allowing notice to be delivered to an electronic address, employers will be able to adopt electronic systems (e.g., email, web portal) that may speed the injury reporting process. For district director notice, the revised regulation provides that the employee's or survivor's notice of injury may be given to the district director by submitting the correct form. Using the word “submitting” brings this document within the general transmission rule set forth in 20 CFR 702.101(a), thus implementing the statutory directive that notice be given to the district director “by delivering it to him or sending it by mail addressed to his office.” 33 U.S.C. 912(c). The revised rule retains the option of reporting injuries to the district director either in person or by telephone.

20 CFR 702.224 Claims; Notification of Employer of Filing by Employee

Current § 702.224 requires the district director to give the employer or insurance carrier written notice of claims for compensation served “personally or by mail.” This regulation implements the statutory requirement that the district director provide notice of claims to interested parties, which “may be served personally upon the employer or other person, or sent to such employer or person by registered mail.” 33 U.S.C. 919(b). Revised § 702.224 deletes the current rule's reference to specific service methods. Using the phrase “give notice” brings the notice within the general transmission rule set forth in 20 CFR 702.101(a), which allows for methods of service beyond mailing and what is traditionally considered personal service. Because the statute uses the permissive term “may” in addressing service methods for this notice and does not mandate any particular method, the revised rule is also consistent with the statute.

20 CFR 702.234  Report by Employer of Commencement and Suspension of Payments

Current § 702.234 provides that the employer shall immediately notify the district director having jurisdiction over the place where the injury or death occurred when it makes its first payment of compensation or suspends payment of compensation. The Department recognizes that cases are not always adjudicated by the district director who has jurisdiction over the place where the injury or death occurred. For example, cases may be transferred to a district other than the district where the injury occurred if a worker moves his or her residence to a different compensation district. 20 CFR 702.104. Thus, revised § 702.234 removes the reference to the district director having jurisdiction over the place where the injury or death occurred and instead directs the employer to notify the district director who is administering the claim.

20 CFR 702.243 Settlement Application; How Submitted, How Approved, How Disapproved, Criteria

Current § 702.243(a) requires that settlement applications be sent to the adjudicator by certified mail, return receipt requested, submitted in person, or sent by any other delivery service with proof of delivery to the adjudicator. The revised rule modifies this subsection to explicitly allow parties to submit settlement applications via commercial delivery service with tracking capability or electronically through an OWCP-authorized system.

Current § 702.243(c) requires that when the adjudicator disapproves a settlement application, he or she must serve a disapproval letter or order on the parties by certified mail. This requirement both limits the adjudicator's ability to take advantage of more efficient means of service and imposes an unnecessary expense. Accordingly, the revised rule removes the requirement that notice be sent by certified mail in order to broaden the methods by which adjudicators may notify parties that their settlement applications have been disapproved.

20 CFR 702.251 Employer's Controversion of the Right To Compensation

Current § 702.251 requires that employers notify the district director of their election to controvert a claim by sending the “original notice” of controversion form to the district director and a copy to the claimant. By requiring the “original” form, the regulation implies that the employer must deliver a hard copy form bearing its authorized signature in ink. There is no statutory requirement that an employer submit an original form in that manner and requiring the employer to do so by regulation unduly limits the means by which the employer would otherwise be permitted to submit the form. For example, OWCP has instituted a policy of accepting case-related documents electronically through its web portal. Further, OWCP now scans and electronically stores the documents it receives, so the “original” document submitted by the employer would not be retained in hard copy. For these reasons, there is no need to require employers to send an “original” document to the district director. Thus, revised § 702.251 omits the requirement that an original document be provided.

20 CFR 702.261 Claimant's Contest of Actions Taken by Employer or Carrier With Respect to the Claim

Current § 702.261 provides that a claimant who contests a reduction, termination, or suspension of benefits by the employer or carrier must notify the office of the district director having jurisdiction either in person or in writing and explain the basis for his or her complaint. New § 702.101 specifies the methods by which the claimant can provide documents or information to OWCP, and there is no statutory requirement pertaining to claimants' contests of employer or carrier action that justifies treating transmission of this type of information differently. Accordingly, revised § 702.261 eliminates the requirement that notice be given in person or in writing. In addition, the revised rule substitutes the phrase “the district director who is administering the claim” for the phrase “the district director having jurisdiction.” As noted, claims are not always handled by the district director for the district where the injury or death occurred. See 20 CFR 702.104. To clarify the regulation, revised § 702.234 directs the claimant to notify the district director who is administering the claim when he or she wishes to contest the employer's or carrier's actions.

20 CFR 702.272 Informal Recommendation by District Director

Current § 702.272 concerns informal recommendations by the district director regarding claims of improper discharge or discrimination against employees who seek compensation under the Act or testify in a compensation claim under the Act. Paragraph (a) provides that where the employee and employer agree to the district director's recommendation, that recommendation shall be incorporated into an order and mailed to the parties. The revised rule removes the reference to service by mail and instead indicates that service should be accomplished under the same procedures that govern service of compensation orders under § 702.349.

Current § 702.272(b) provides that where the parties do not agree to the district director's recommendation, the director must “mail” a memorandum to the parties that summarizes the disagreement. This requirement precludes the Director from using other methods of service. Accordingly, the revised rule deletes the word “mail” and replaces it with the word “send” so that delivery of the memorandum is governed by the general rule in § 702.101.

20 CFR 702.281 Third Party Action

Current § 702.281(b) provides that in order for an employee to settle a claim with a third party for an amount less than the employee would receive under the Act, the employee must first receive prior written approval from the employer and the employer's carrier. That approval must be filed with the district director with jurisdiction where the injury occurred. As noted, claims are not always handled by the district director for the district where the injury or death occurred. See 20 CFR 702.104. Thus, revised § 702.281(b) directs that the approval be filed with the district director who is administering the claim.

20 CFR 702.315 Conclusion of Conference; Agreement on All Matters With Respect to the Claim

Current § 702.315(a) provides that when an informal conference results in a formal compensation order, the order must be “filed and mailed in accordance with § 702.349.” This rule also provides that when the problem considered is resolved by telephone or by exchange of written correspondence, the parties shall be notified by the same method through which agreement was reached, and the district director will also issue a memorandum or order setting forth the agreed terms. Revised § 702.315(a) modifies the rule in two ways. First, the revised rule substitutes the phrase “filed and served” for “filed and mailed” to conform the language to the addition of § 702.349(b), which would allow parties and their representatives to waive registered and certified mail service of compensation orders. Second, to allow more flexibility, revised § 702.315(a) eliminates the requirement that the district director use the same method to communicate the results of the conference but preserves the authority to communicate those results by telephone.

20 CFR 702.317 Preparation and Transfer of the Case for Hearing

Current § 702.317 provides rules for transferring a case from the district director's office to the Office of Administrative Law Judges (OALJ) for hearing. When the district director receives pre-hearing statement forms from the parties and determines that no further conferences will help resolve the dispute, § 702.317(c) instructs the district director to transmit the pre-hearing statements, a transmittal letter, and certain other evidence to OALJ. Paragraph (c) excepts from this requirement materials “not suitable for mailing.” To avoid any implication that these documents must be mailed between the district director and OALJ rather than transmitted by some other method (e.g., commercial delivery service, electronically), the revised rule substitutes the term “transmission” for “mailing” in paragraph (c).

20 CFR 702.319 Obtaining Documents From the Administrative File for Reintroduction at Formal Hearings

Current § 702.319 provides that upon receipt of a request for a document from the administrative file, the district director shall give the original document to the requester and retain a copy in the file. OWCP has instituted a policy of storing documents electronically rendering it unable to send requesters original documents. A properly reproduced copy of the electronically stored document can be used in adjudicative proceedings. See United States v. Hampton, 464 F.3d 687, 690 (7th Cir. 2006) (holding that copies of documents are admissible to the same extent as the original documents unless there is an issue with the authenticity of the original); United States v. Georgalis, 631 F.2d 1199, 1205 (5th Cir. 1980) (“A duplicate may be admitted into evidence unless . . . there is a genuine issue as to the authenticity of the unintroduced original, or as to the trustworthiness of the duplicate . . .”). Accordingly, revised § 702.319 specifies that the district director will send a copy of the requested document(s) to the requester and retain a copy of the record request and a statement of whether it has been satisfied in the administrative file.

20 CFR 702.321 Procedures for Determining Applicability of Section 8(f) of the Act

Current § 702.321(a)(1) requires employers or carriers who file applications under Section 8(f) of the Act to file those applications in duplicate. As OWCP has instituted a policy of storing documents electronically, there is no continuing need to file multiple copies of the same document. Accordingly, the revised rule deletes that requirement from § 702.321(a)(1). The Department has also eliminated the mid-paragraph numbering in this provision. This technical change is made to conform to the current formatting rules of the Office of the Federal Register.

20 CFR 702.349 Formal Hearings; Filing and Mailing of Compensation Orders; Disposition of Transcripts

Current § 702.349 provides that at the conclusion of the administrative hearing, the administrative law judge shall deliver the administrative record “by mail or otherwise” to the district director that had original jurisdiction over the case. As noted above, cases are not always administered by the district director who has “original” jurisdiction over the controversy. For example, cases may be transferred to a district other than the district where the injury occurred if a worker moves his or her residence to a different compensation district. See 20 CFR 702.104. Thus, the revised rule removes the reference to the district director that had original jurisdiction and instead directs the administrative law judge to forward the record to the district director who administered the case.

This rule contains two additional revisions to the existing language designed to accommodate transmission of decisions and case records electronically between OWCP and the Office of Administrative Law Judges. First, the revised rule eliminates the language that the case record be sent to the district director “together with” a signed compensation order. Currently, the Office of Administrative Law Judges does not always transmit the full case record at the same time as the compensation order. Moreover, OWCP also anticipates that, as an intermediate step to transitioning to a full electronic case file environment, a system may be adopted for administrative law judge decisions to be transmitted electronically to OWCP for filing and service. Second, the revised rule eliminates reference to the “original” compensation order in anticipation of future expansion of the electronic case file system. The term “original” implies that the district director must file a paper copy of a compensation order. This process may not be required in a full electronic case file environment.

This rule is also revised to add a new paragraph (b) that allows parties and their representatives to receive compensation orders by other service methods in cases where they explicitly waive service by registered or certified mail. Under Section 19(e) of the Act, 33 U.S.C. 919(e), all parties have the right to be served with a compensation order via registered or certified mail (at OWCP's option). By practice, OWCP has extended this service to the parties' representatives. See 20 CFR 702.349. Service via registered or certified mail has many benefits, but unlike electronic service, it cannot be accomplished immediately. Several days will generally elapse between the date that an order is mailed by the district director and the date the parties receive it. Some parties and their representatives have requested that the Department begin serving compensation orders immediately by electronic means.

The right to registered or certified mail service of compensation orders is a personal right that is conveyed by the Act. But there is no indication in the Act that the right to registered or certified mail service cannot be waived, contra 33 U.S.C. 915(b), 916, and it is generally presumed that statutory rights can be knowingly and voluntarily waived. See New York v. Hill, 528 U.S. 110, 114 (2000). Accordingly, § 702.349(b) institutes a procedure allowing parties and their representatives who are entitled to registered or certified mail service to waive their right to such service. The waiver applies only to service of compensation orders and does not extend to other documents or information transmitted by OWCP.

New § 702.349(b) provides that a party or their representative can waive registered or certified mail service of compensation orders by filing the appropriate form with the district director that is administering the party's case. Waivers will only be accepted if they are submitted on the proper form, and a separate form must be submitted for each party or representative. Paragraph (b) emphasizes that submission of a completed form constitutes a knowing and voluntary waiver of registered or certified mail service.

New § 702.349(b)(1)-(b)(5) flesh out important details related to the waiver of service by registered or certified mail. Paragraph (b)(1) provides that all parties and representatives must provide a valid electronic address on the waiver form for the service waiver to be effective.

Paragraph (b)(2) provides that parties and their representatives must submit a separate waiver form for each case in which they intend to waive service. Although it is common for certain employers, carriers, and attorneys to have an interest in several Longshore Act cases pending at the same time, the district director will not accept blanket service waivers. This will ensure that the party or representative has in fact waived registered or certified mail service in the particular case. Similarly, paragraph (b)(3) prohibits a party's representative from signing the waiver form on the party's behalf. Instead, to ensure that waivers are knowing and voluntary, the parties themselves must sign the waiver forms.

Paragraph (b)(4) provides that all compensation orders issued after the service waiver form is received will be served in accordance with the instructions on the form provided by the party or representative. This includes supplementary compensation orders and orders on modification. This paragraph also specifies that individuals must submit another waiver form to change their service address or to revoke the waiver.

Finally, paragraph (b)(5) provides that the district director will serve parties and their representatives by certified mail despite the existence of a waiver form if there is some problem with the service method selected. Thus, for example, the district director will effect service by certified or registered mail if he or she receives an error message when trying to serve a party or representative via email.

20 CFR 702.372 Supplementary Compensation Orders

Current § 702.372(b) requires that supplementary compensation orders declaring amounts of compensation in default be served by certified mail on the parties and their representatives. This provision implements Section 18(a) of the Act, which requires that supplementary orders “be filed in the same manner as the compensation order.” 33 U.S.C. 918(a). As discussed above, Section 19(e) of the Act requires that compensation orders be filed in the office of the district director, and then served by registered or certified mail. 33 U.S.C. 919(e). The revised rule incorporates the filing provisions found in § 702.349. This revision clarifies that supplementary compensation orders must be treated like any other compensation order for purposes of filing and service. In addition, by cross-referencing § 702.349, the Department intends to extend the provisions allowing voluntary waiver of registered or certified mail service in § 702.349(b) to supplementary compensation orders.

20 CFR 702.432 Debarment Process

Current § 702.432(b) provides that when the Director determines that debarment proceedings are appropriate against a physician, health care provider or claims representative, he or she will notify the individual by certified mail, return receipt requested. Similarly, current § 702.432(e) requires that the Director send a copy of his or her decision regarding debarment to the individual by certified mail, return receipt requested. This method of service is not required by the statute in either instance. And requiring certified mail service both limits the Director's ability to take advantage of electronic means of service and imposes an unnecessary expense. Accordingly, to broaden the methods by which the Director may notify individuals of debarment proceedings and decisions rendered in them, the revised rule removes the requirement that notice be sent by certified mail with return receipt requested from paragraphs (b) and (e).

20 CFR 702.433 Requests for Hearing

Current § 702.433(b) requires that the administrative law judge who will conduct a hearing regarding debarment serve a copy of a notice of hearing on the individual who may be subject to debarment via certified mail, return receipt requested. This method of service is not required by the statute, and it both limits the administrative law judge's ability to take advantage of electronic service methods and imposes an unnecessary expense. Accordingly, revised § 702.433(b) eliminates the certified mail requirement so as to broaden the means by which the administrative law judge may notify individuals of hearings regarding debarment.

20 CFR 703.2 Forms

Current § 703.2(a) provides that information sent by insurance carriers and self-insured employers to OWCP pursuant to Part 703 must be submitted on Forms specified by the Director. In order to facilitate the most efficient processing of Part 703 information, revised § 703.2(a) specifies that the forms must be submitted to OWCP in the manner it specifies.

20 CFR 703.113-703.120 and 703.502 Reporting Related to Insurance Coverage

This set of regulations governs how matters related to insurance coverage are reported to OWCP and the consequences of those reports. In the past, insurance companies reported issuance of policies and endorsements by filing a Form LS-570 (Carrier's Report of Issuance of Policy) in hard copy with the district director in whose compensation district the insured employer operated. These hard copy reports of insurance were retained in the compensation district because that was the district most likely to use the record. OWCP now stores insurance information electronically in a system maintained by the Division of Longshore and Harbor Workers' Compensation (DLHWC) in OWCP's national office. This system is accessible to the district offices. Thus, there is no continuing need for carriers to report insurance information to individual district directors.

To facilitate reporting of insurance information, OWCP began instituting an electronic system for such reports in 2009. See Notice from Chief, Branch of Financial Management, Insurance and Assessments (December 2, 2009) http://www.regulations.gov (docket folder for RIN 1240-AA09); Industry Notice No. 138 (January 3, 2012) http://www.dol.gov/owcp/dlhwc/lsindustrynotices/industrynotice138.htm. Many insurance companies now report coverage, including policy cancellations, to industry data collection organizations (e.g., New York Compensation Rating Board, National Council on Compensation Insurance, Inc.) that, in turn, report the information to DLHWC on the carriers' behalf. DLHWC receives that information via a daily electronic data interchange with the data collection organizations and places it in a centralized electronic repository that the individual district directors can access immediately. It is common practice in the insurance industry to provide this sort of information electronically, and many carriers have been voluntarily reporting coverage under the Act and its extensions to DLHWC electronically for several years now. The system has proven to be efficient and preferable for both OWCP and the reporting carriers who use it. Centralized reporting also reduces the recordkeeping burden on the district offices, thereby freeing up resources for claims administration.

For these reasons, the revised rule eliminates those provisions that require insurance companies to report coverage to individual district directors. In addition, the revised rules are drafted broadly to accommodate future methods of electronic reporting that OWCP may choose to adopt. Although OWCP prefers receiving insurance information electronically, the revised rules do not require carriers to report electronically. Carriers can still fulfill their reporting obligations by submitting Form LS-570 to DLHWC.

Section 703.113 allows for a longshoremen's policy or endorsement to specify the particular vessel(s) to which it applies. It provides that the carrier shall send the report of issuance of a policy or endorsement that is required by § 703.116 to the district director for the compensation district where the vessel(s)' home port is located. To conform this regulation to the centralized reporting system, revised § 703.113 replaces references to the district director with references to DLHWC.

Section 703.114 provides that cancellation of a contract or policy of insurance will not be effective unless done in compliance with Section 36(b) of the Act, which requires that insurance providers send a notice of cancellation to the district director and the employer 30 days prior to the date that a policy termination is effective. See 33 U.S.C. 936(b). The Act also requires that the notice be in writing and given to the district director “by delivering it to him or sending it by mail addressed to his office, and to the employer by delivering it to him or by sending it by mail addressed to him at his last known place of business.” 33 U.S.C. 912(c); see also 33 U.S.C. 936(b).

The revised rule specifies the methods an insurer can use to give notice of cancellation. For notice to the district director, the revised rule allows insurers to report cancellations to DLHWC either in a manner prescribed under § 702.101(a) or in the same manner as they report coverage under § 703.116 (including, where applicable, through industry data collection organizations). Reporting through these established channels satisfies the statutory requirement that notice be delivered to the district director. For notice to the employer, the revised rule requires that the cancellation notice be sent in accordance with the methods set forth in § 702.101(b). Complying with § 702.101(b) satisfies the statutory requirement that the cancellation notice be delivered to the employer. Importantly, an electronic report made to DLHWC does not relieve the carrier of its obligation to also provide written notice of cancellation to the employer. Moreover, the revised rule retains the statutory requirement that notice to both DLHWC and the employer must be provided 30 days before the cancellation is intended to be effective.

Section 703.116, as currently written, requires insurance carriers to report all policies and endorsements issued by them to employers carrying on business within a compensation district to that particular district director. To conform this regulation to the centralized reporting system, revised § 703.116 replaces references to the district director with references to DLHWC. In addition, revised § 703.116 specifically acknowledges that reports made through an OWCP-authorized electronic system, such as an industry data collection organization, satisfy the carrier's reporting obligation. Instructions for submitting coverage information to DLHWC electronically will be posted on OWCP's Web site at http://www.dol.gov/owcp/dlhwc/carrier.htm.

Section 703.117 specifies that the report required by § 703.116 must be sent by the insurance carrier's home office or authorized agent. The regulation assumes that such reports will be made to the district director in the compensation district where the employer is located, and requires the carrier to tell the district director which agency is authorized to issue reports on its behalf. To conform this regulation to the centralized reporting system, revised § 703.117 replaces references to the district director with references to DLHWC.

Section 703.118 provides that all applicants for authority to write insurance under the Act shall be deemed to have agreed to accept full liability for the insured's obligations under the Act. The current regulation presumes that the district director for the compensation district where an insured employer carries on operations will receive and accept the carrier's report of insurance. To conform this regulation to the centralized reporting system, revised § 703.118 replaces references to the district director with references to DLHWC.

Section 703.119 governs the situation where an employer that is carrying on operations covered by the Act in one compensation district plans to begin operations in a second. The regulation provides that the carrier may submit the report required by § 703.116 to the district director in the new compensation district before the employer has an address in the new district. Because carriers will no longer be expected to provide notice regarding insurance coverage to individual district directors, there is no longer any need for the procedure set forth in current § 703.119. Accordingly, the Department has deleted this section.

Section 703.120 provides that a separate report required by § 703.116 must be made for each employer that is covered by a policy. DLHWC is able to automatically extract employer-specific coverage information from most electronic reports that it receives, so this requirement is often unnecessary when coverage is reported electronically. Accordingly, revised § 703.120 is limited to reports made on Form LS-570 (Carrier's Report of Issuance of Policy.) The current regulation also presumes that the district director for the compensation district where an insured employer carries on operations will receive and accept the carrier's report of insurance. To conform this regulation to the centralized reporting system, revised § 703.120 replaces references to the district director with references to DLHWC.

Section 703.502 provides that district directors who receive a report of the issuance of a policy that is authorized by current § 703.119 shall file the report until they receive an address for the employer in the new compensation district, at which point they shall issue a certificate of compliance. The Department has deleted current § 703.119 because carriers will no longer be expected to provide notice regarding insurance coverage to individual district directors. Thus, there is no further need for the special procedure laid out in § 703.502. Accordingly, the Department has deleted this section.

V. Administrative Law Considerations A. Information Collection Requirements (Subject to the Paperwork Reduction Act)

The Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq., and its attendant regulations, 5 CFR part 1320, require that the Department consider the impact of paperwork and other information collection burdens imposed on the public. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the Office of Management and Budget (OMB) under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6.

This rule allows parties to voluntarily waive their statutory right to receive compensation orders by registered or certified mail and to instead receive them by email. See 20 CFR 703.349. To implement the waiver process, this rule imposes two new collections of information, OWCP Form LS-801, Waiver of Service by Registered or Certified Mail for Claimants and Authorized Representatives, and OWCP Form LS-802, Waiver of Service by Registered or Certified Mail for Employers and/or Insurance Carriers. The Department has submitted an Information Collection Request (ICR) for both of these new forms under the emergency procedures for review and clearance contained in 5 CFR 1320.13.

This rule does not materially change any other ICR with regard to the information collected, but does change the manner in which forms that collect information may be submitted. Instead of mandating the transmission of information by postal mail, the rule allows OWCP and private parties to use electronic and other commonly used communication methods. It also provides flexibility for OWCP to allow submission of information using future technologies.

The collection of information requirements are contained within ICRs assigned OMB control numbers: 1240-0003, 1240-0004, 1240-0005, 1240-0014, 1240-0025, 1240-0026, 1240-0029, 1240-0036, 1240-0040, 1240-0041, 1240-0042 and 1240-0043. The regulatory sections specifying the submission procedures are found in paragraphs: 20 CFR 702.111, 702.121, 702.162, 702.174, 702.175, 702.201, 702.202, 702.221, 702.234, 702.235, 702.236, 702.242, 702.251, 702.285, 702.317, 702.321, 702.407, 702.419, 703.116, 703.203, 703.204, 703.205, 703.209, 703.210, 703.212, 703.303 and 703.310.

Although the rule does not eliminate any current methods of submission for these collections, because its allowance of electronic submission will result in mailing cost savings (envelopes and postage), OWCP anticipates some savings for the public. Given the response rate for each of the existing collections, current combined mailing costs are estimated at $113,977. The Department anticipates a 13% rate of electronic submission, an accompanying reduction in postal mail submission, and a resulting cost savings of $14,817. In the future, as electronic transmission submission options increase and are used more frequently, this savings will likely increase. The Department has submitted a request for a non-substantive change for each existing ICR cited above in order to obtain approval for the changed cost estimate resulting from the availability of electronic submission methods.

The submitted ICRs for the two new collections imposed by this rule will be available for public inspection for at least thirty days under the “Currently Under Review” portion of the Information Collection Review section reginfo.gov Web site, available at: http://www.reginfo.gov/public/do/PRAMain. The Department will publish a separate notice in the Federal Register that will announce the result of the OMB reviews. Currently approved information collections are available for public inspection under the “Current Inventory” portion of the same Web site.

Request for Comments: As part of its continuing effort to reduce paperwork and respondent burden, the Department conducts a pre-clearance consultation program to provide the general public and Federal agencies an opportunity to comment on proposed and/or continuing collections of information. This program helps to ensure requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements can be properly assessed. Comments on the information collection requirements may be submitted to the Department in the same manner as for any other portion of this rule.

In addition to having an opportunity to file comments with the agency, the PRA provides that an interested party may file comments on the information collection requirements in a direct final rule directly with the Office of Management and Budget, at Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-OWCP Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free number); or by email: [email protected] Commenters are encouraged, but not required, to send a courtesy copy of any comments to the general addressee for this rulemaking. The OMB will consider all written comments that agency receives within 30 days of publication of this direct final rule in the Federal Register. In order to help ensure appropriate consideration, comments should mention at least one of the control numbers mentioned in this rule.

The OMB and the Department are particularly interested in comments that:

• Evaluate 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;

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

• Enhance the quality, utility, and clarity of the information to be collected; and

• Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

The information collections in this rule may be summarized as follows:

1. Title of Collection: Employer's First Report of Injury or Occupational Disease, Employer's Supplementary Report of Accident or Occupational Illness

OMB Control Number: 1240-0003.

Total Estimated Number of Responses: 28,829.

Total Estimated Annual Time Burden: 7,208 hours.

Total Estimated Annual Other Costs Burden: $14,126.

2. Title of Collection: Exchange of Documents and Information

OMB Control Number: 1240-0004.

Total Estimated Number of Responses: 5,000.

Total Estimated Annual Time Burden: 83 hours.

Total Estimated Annual Other Costs Burden: $2,650.

3. Title of Collection: Securing Financial Obligations Under the Longshore and Harbor Workers' Compensation Act and Its Extensions

OMB Control Number: 1240-0005.

Total Estimated Number of Responses: 668.

Total Estimated Annual Time Burden: 454 hours.

Total Estimated Annual Other Costs Burden: $344.

4. Title of Collection: Regulations Governing the Administration of the Longshore and Harbor Workers' Compensation Act

OMB Control Number: 1240-0014.

Total Estimated Number of Responses: 130,036.

Total Estimated Annual Time Burden: 44,955 hours.

Total Estimated Annual Other Costs Burden: $46,866.

5. Title of Collection: Request for Earnings Information

OMB Control Number: 1240-0025.

Total Estimated Number of Responses: 1,100.

Total Estimated Annual Time Burden: 275 hours.

Total Estimated Annual Other Costs Burden: $528.

6. Title of Collection: Application for Continuation of Death Benefit for Student

OMB Control Number: 1240-0026.

Total Estimated Number of Responses: 20.

Total Estimated Annual Time Burden: 10 hours.

Total Estimated Annual Other Costs Burden: $10.

7. Title of Collection: Request for Examination and/or Treatment

OMB Control Number: 1240-0029.

Total Estimated Number of Responses: 96,000.

Total Estimated Annual Time Burden: 52,000 hours.

Total Estimated Annual Other Costs Burden: $2,088,960.

8. Title of Collection: Longshore and Harbor Workers' Compensation Act Pre-Hearing Statement

OMB Control Number: 1240-0036.

Total Estimated Number of Responses: 3,100.

Total Estimated Annual Time Burden: 527 hours.

Total Estimated Annual Other Costs Burden: $1,612.

9. Title of Collection: Certification of Funeral Expenses

OMB Control Number: 1240-0040.

Total Estimated Number of Responses: 75.

Total Estimated Annual Time Burden: 19 hours.

Total Estimated Annual Other Costs Burden: $39.

10. Title of Collection: Notice of Final Payment or Suspension of Compensation Benefits

OMB Control Number: 1240-0041.

Total Estimated Number of Responses: 21,000.

Total Estimated Annual Time Burden: 5,250 hours.

Total Estimated Annual Other Costs Burden: $16,590.

11. Title of Collection: Notice of Controversion of Right to Compensation

OMB Control Number: 1240-0042.

Total Estimated Number of Responses: 18,000.

Total Estimated Annual Time Burden: 4,500 hours.

Total Estimated Annual Other Costs Burden: $9,013.

12. Title of Collection: Payment of Compensation Without Award

OMB Control Number: 1240-0043.

Total Estimated Number of Responses: 16,800.

Total Estimated Annual Time Burden: 4,200 hours.

Total Estimated Annual Other Costs Burden: $8,736.

B. Executive Orders 12866 and 13563 (Regulatory Planning and Review)

Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Department has considered this rule with these principles in mind and has concluded that the regulated community will greatly benefit from this regulation.

This rule's greatest benefit is that it provides the Longshore Program and the affected public the flexibility to make greater use of technology as it exists today and as it may be developed in the future. In some instances, the current regulations restrict the means of delivery or receipt when not required by the statute's terms. See, e.g., 20 CFR 702.215 (notice effected by “delivery by hand or mail”); 20 CFR 702.104(b) (case transfers must be accomplished by “registered or certified mail”). Eliminating these restrictions where appropriate and consistent with the statute broadens available transmission methods. From the Department's view, this rule allows easier and more efficient transmission of critical documents and information to OWCP, and allows OWCP to take advantage of more efficient means of delivery to parties. And the regulated community, which has asked the Department to allow more modern transmission methods to be used, can use electronic technologies that they routinely employ when communicating with other entities.

All currently used methods of submitting documents remain available to OWCP, the parties, and the parties' representatives. OWCP will continue to accept documents delivered by hand or routine mail and the parties may communicate with each other in the same way. Thus, a party or representative may continue to send and receive claim-related documents and information in the same manner as it currently does. But the rule in many cases gives the parties additional transmission options.

In addition, allowing parties and representatives to waive their right to registered or certified mail service of compensation orders will expedite compensation payments. This is an important benefit to the rule: Faster delivery of compensation orders via electronic transmission will result in more expeditious payment of benefits to injured workers.

The Department has also considered whether the parties will realize any monetary benefits or incur any additional costs in light of this rule. The rule expands opportunities for parties and their representatives to submit and receive documents and does not require deviation from current practice. So the rule imposes no additional expense. To the contrary, the Department anticipates that the rule will provide some savings because an electronically transmitted document does not require postage or reproduction of multiple hard copies. Although difficult to quantify, the Department estimates that initial usage of electronic means of transmission will be approximately 13%, with increased usage possible in the future.

Finally, because this is not a “significant” rule within the meaning of Executive Order 12866, the Office of Management and Budget has not reviewed it prior to publication.

C. Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531 et seq., directs agencies to assess the effects of Federal Regulatory Actions on State, local, and tribal governments, and the private sector, “other than to the extent that such regulations incorporate requirements specifically set forth in law.” 2 U.S.C. 1531. For purposes of the Unfunded Mandates Reform Act, this rule does not include any Federal mandate that may result in increased expenditures by State, local, tribal governments, or increased expenditures by the private sector of more than $100,000,000.

D. Regulatory Flexibility Act and Executive Order 13272 (Proper Consideration of Small Entities in Agency Rulemaking)

The Regulatory Flexibility Act of 1980, as amended, 5 U.S.C. 601 et seq. (RFA), requires agencies to evaluate the potential impacts of their proposed and final rules on small businesses, small organizations, and small governmental jurisdictions and to prepare an analysis (called a “regulatory flexibility analysis”) describing those impacts. See 5 U.S.C. 601, 603-604. But if the rule is not expected to “have a significant economic impact on a substantial number of small entities[,]” the RFA allows an agency to so certify in lieu of preparing the analysis. See 5 U.S.C. 605.

The Department has determined that a regulatory flexibility analysis under the RFA is not required for this rulemaking. Many Longshore employers and a handful of insurance carriers may be considered small entities within the meaning of the RFA. See generally 77 FR 19471-72 (March 30, 2012); 69 FR 12222-23 (March 15, 2004). But this rule will not have a significant economic impact on these entities for several reasons. First, the revisions do not impose mandatory change on the employers. Instead, employers may choose to transmit documents and related information in the same manner as they do under the current rules. Second, although the rules allow insurance companies to report the issuance of policies and endorsements electronically, these companies—virtually without exception—have been voluntarily reporting coverage in the manner the rule allows for several years. No change in their conduct will be required. Third, because the rule provides more flexibility for employers and insurers in transmitting documents and information, the Department anticipates that these entities could see some economic savings by having the freedom to choose the most cost-effective transmission method for their businesses.

Based on these facts, the Department certifies that this rule will not have a significant economic impact on a substantial number of small entities. Thus, a regulatory flexibility analysis is not required. The Department invites comments from members of the public who believe the regulations will have a significant economic impact on a substantial number of small Longshore employers or insurers. The Department has provided the Chief Counsel for Advocacy of the Small Business Administration with a copy of this certification. See 5 U.S.C. 605.

E. Executive Order 13132 (Federalism)

The Department has reviewed this rule in accordance with Executive Order 13132 regarding federalism, and has determined that it does not have “federalism implications.” E.O. 13132, 64 FR 43255 (August 4, 1999). The rule will not “have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” Id.

F. Executive Order 12988 (Civil Justice Reform)

This rule meets the 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.

List of Subjects 20 CFR Part 702

Administrative practice and procedure, Claims, Health professions, Insurance companies, Longshore and harbor workers, Reporting and recordkeeping requirements, Workers' compensation.

20 CFR Part 703

Insurance companies, Longshore and harbor workers, Reporting and recordkeeping requirements, Workers' compensation.

For the reasons set forth in the preamble, the Department of Labor amends 20 CFR parts 702 and 703 as follows:

PART 702—ADMINISTRATION AND PROCEDURE 1. The authority citation for part 702 is revised to read as follows: Authority:

5 U.S.C. 301, and 8171 et seq.; 33 U.S.C. 901 et seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1333; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary's Order 10-2009, 74 FR 58834.

2. Add § 702.101 to subpart A to read as follows:
§ 702.101 Exchange of documents and information.

(a) Except as otherwise required by the regulations in this subchapter, all documents and information sent to OWCP under this subchapter must be submitted—

(1) In hard copy by postal mail, commercial delivery service (such as Federal Express or United Parcel Service), or hand delivery;

(2) Electronically through an OWCP-authorized system; or

(3) As otherwise allowed by OWCP.

(b) Except as otherwise required by the regulations in this subchapter, all documents and information sent under this subchapter by OWCP to parties and their representatives or from any party or representative to another party or representative must be sent—

(1) In hard copy by postal mail, commercial delivery service (such as Federal Express or United Parcel Service), or hand delivery;

(2) Electronically by a reliable electronic method if the receiving party or representative agrees in writing to receive documents and information by that method; or

(3) Electronically through an OWCP-authorized system that provides service of documents on the parties and their representatives.

(c) Reliable electronic methods for delivering documents include, but are not limited to, email, facsimile and web portal.

(d) Any party or representative may revoke his or her agreement to receive documents and information electronically by giving written notice to OWCP, the party, or the representative with whom he or she had agreed to receive documents and information electronically, as appropriate.

(e) The provisions in paragraphs (a) through (d) of this section apply when parties are directed by the regulations in this subchapter to: Advise; apply; approve; authorize; demand; file; forward; furnish; give; give notice; inform; issue; make; notice, notify; provide; publish; receive; recommend; refer; release; report; request; respond; return; send; serve; service; submit; or transmit.

(f) Any reference in this subchapter to an application, copy, filing, form, letter, written notice, or written request includes both hard-copy and electronic documents.

(g) Any requirement in this subchapter that a document or information be submitted in writing, or that it be signed, executed, or certified does not preclude its submission or exchange electronically.

(h) Any reference in this subchapter to transmitting information to an entity's address may include that entity's electronic address or electronic portal.

(i) Any requirement in this subchapter that a document or information—

(1) Be sent to a specific district director means that the document or information should be sent to the physical or electronic address provided by OWCP for that district director; and

(2) Be filed by a district director in his or her office means that the document or information may be filed in a physical or electronic location specified by OWCP for that district director.

3. Revise § 702.102 to read as follows:
§ 702.102 Establishment and modification of compensation districts, establishment of suboffices and jurisdictional areas.

(a) The Director has, pursuant to section 39(b) of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 939(b), established compensation districts as required for improved administration or as otherwise determined by the Director (see 51 FR 4282, Feb. 3, 1986). The boundaries of the compensation districts may be modified at any time, and the Director will notify all interested parties directly of the modifications.

(b) As administrative exigencies from time to time may require, the Director may, by administrative order, establish special areas outside the continental United States, Alaska, and Hawaii, or change or modify any areas so established, notwithstanding their inclusion within an established compensation district. Such areas will be designated “jurisdictional areas.” The Director will also designate which of his district directors will be in charge thereof.

(c) To further aid in the efficient administration of the OWCP, the Director may from time to time establish suboffices within compensation districts or jurisdictional areas, and will designate a person to be in charge thereof.

4. Revise § 702.103 to read as follows:
§ 702.103 Effect of establishment of suboffices and jurisdictional areas.

Whenever the Director establishes a suboffice or jurisdictional area, those reports, records, or other documents with respect to processing of claims that are required to be filed with the district director of the compensation district in which the injury or death occurred, may instead be required to be filed with the suboffice, or office established for the jurisdictional area.

5. Revise § 702.104(b) to read as follows:
§ 702.104 Transfer of individual case file.

(b) The district director making the transfer may by letter or memorandum to the district director to whom the case is transferred give advice, comments, suggestions, or directions if appropriate to the particular case. All interested parties will be advised of the transfer.

6. In § 702.174, revise the introductory text of paragraph (a), paragraph (b), and the introductory text of paragraph (d) to read as follows:
§ 702.174 Exemptions; necessary information.

(a) Application. Before any facility is exempt from coverage under the Act, the facility must apply for and receive a certificate of exemption from the Director or his/her designee. The application must be made by the owner of the facility; where the owner is a partnership it must be made by a partner and where a corporation by an officer of the corporation or the manager in charge of the facility for which an exemption is sought. The information submitted must include the following:

(b) Action by the Director. The Director or his/her designee must review the application within thirty (30) days of its receipt.

(1) Where the application is complete and shows that all requirements under § 702.173 are met, the Director must promptly notify the employer that certification has been approved and will be effective on the date specified. The employer is required to post notice of the exemption at a conspicuous location.

(2) Where the application is incomplete or does not substantiate that all requirements of section 3(d) of the Act, 33 U.S.C. 903(d), have been met, or evidence shows the facility is not eligible for exemption, the Director must promptly notify the employer by issuing a letter which details the reasons for the deficiency or the rejection. The employer/applicant may reapply for certification, correcting deficiencies and/or responding to the reasons for the Director's denial. The Director or his/her designee must issue a new decision within a reasonable time of reapplication following denial. Such action will be the final administrative review and is not appealable to the Administrative Law Judge or the Benefits Review Board.

(d) Action by the employer. Immediately upon receipt of the certificate of exemption from coverage under the Act the employer must post:

7. Revise § 702.203 to read as follows:
§ 702.203 Employer's report; how given.

(a) The employer must file its report of injury with the district director.

(b) If the employer sends its report of injury by U.S. postal mail or commercial delivery service, the report will be considered filed on the date that the employer mails the document or gives it to the commercial delivery service. If the employer sends its report of injury by a permissible electronic method, the report will be considered filed on the date that the employer completes all steps necessary for the transmission.

8. Revise § 702.215 to read as follows:
§ 702.215 Notice; how given.

Notice must be effected by delivering it to the individual designated to receive such notices at the physical or electronic address designated by the employer. Notice may be given to the district director by submitting a copy of the form supplied by OWCP to the district director, or orally in person or by telephone.

9. Revise § 702.224 to read as follows:
§ 702.224 Claims; notification of employer of filing by employee.

Within 10 days after the filing of a claim for compensation for injury or death under the Act, the district director must give written notice thereof to the employer or carrier.

10. Revise § 702.234 to read as follows:
§ 702.234 Report by employer of commencement and suspension of payments.

Immediately upon making the first payment of compensation, and upon the suspension of payments once begun, the employer must notify the district director who is administering the claim of the commencement or suspension of payments, as the case may be.

11. In § 702.243, revise paragraphs (a) and (b), the first two sentences of paragraph (c), the introductory text of paragraph (f), and paragraph (g) to read as follows:
§ 702.243 Settlement application; how submitted, how approved, how disapproved, criteria.

(a) When the parties to a claim for compensation, including survivor benefits and medical benefits, agree to a settlement they must submit a complete application to the adjudicator. The application must contain all the information outlined in § 702.242 and must be sent by certified mail with return receipt requested, commercial delivery service with tracking capability that provides reliable proof of delivery to the adjudicator, or electronically through an OWCP-authorized system. Failure to submit a complete application will toll the thirty day period mentioned in section 8(i) of the Act, 33 U.S.C. 908(i), until a complete application is received.

(b) The adjudicator must consider the settlement application within thirty days and either approve or disapprove the application. The liability of an employer/insurance carrier is not discharged until the settlement is specifically approved by a compensation order issued by the adjudicator. However, if the parties are represented by counsel, the settlement will be deemed approved unless specifically disapproved within thirty days after receipt of a complete application. This thirty day period does not begin until all the information described in § 702.242 has been submitted. The adjudicator will examine the settlement application within thirty days and must immediately serve on all parties notice of any deficiency. This notice must also indicate that the thirty day period will not commence until the deficiency is corrected.

(c) If the adjudicator disapproves a settlement application, the adjudicator must serve on all parties a written statement or order containing the reasons for disapproval. This statement must be served within thirty days of receipt of a complete application (as described in § 702.242) if the parties are represented by counsel. * * *

(f) When presented with a settlement, the adjudicator must review the application and determine whether, considering all of the circumstances, including, where appropriate, the probability of success if the case were formally litigated, the amount is adequate. The criteria for determining the adequacy of the settlement application will include, but not be limited to:

(g) In cases being paid pursuant to a final compensation order, where no substantive issues are in dispute, a settlement amount which does not equal the present value of future compensation payments commuted, computed at the discount rate specified below, must be considered inadequate unless the parties to the settlement show that the amount is adequate. The probability of the death of the beneficiary before the expiration of the period during which he or she is entitled to compensation will be determined according to the most current United States Life Table, as developed by the United States Department of Health and Human Services, which will be updated from time to time. The discount rate will be equal to the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of 52 weeks U.S. Treasury Bills settled immediately prior to the date of the submission of the settlement application.

12. Revise § 702.251 to read as follows:
§ 702.251 Employer's controversion of the right to compensation.

Where the employer controverts the right to compensation after notice or knowledge of the injury or death, or after receipt of a written claim, he must give notice thereof, stating the reasons for controverting the right to compensation, using the form prescribed by the Director. Such notice, or answer to the claim, must be filed with the district director within 14 days from the date the employer receives notice or has knowledge of the injury or death. A copy of the notice must also be given to the claimant.

13. Revise § 702.261 to read as follows:
§ 702.261 Claimant's contest of actions taken by employer or carrier with respect to the claim.

Where the claimant contests an action by the employer or carrier reducing, suspending, or terminating benefits, including medical care, he should immediately notify the office of the district director who is administering the claim and set forth the facts pertinent to his complaint.

14. In § 702.272, revise the last two sentences of paragraph (a) and paragraph (b) to read as follows:
§ 702.272 Informal recommendation by district director.

(a) * * * If the district director determines that no violation occurred he must notify the parties of his findings and the reasons for recommending that the complaint be denied. If the employer and employee accept the district director's recommendation, within 10 days it will be incorporated in an order, to be filed and served in accordance with § 702.349.

(b) If the parties do not agree to the recommendation, the district director must, within 10 days after receipt of the rejection, prepare a memorandum summarizing the disagreement, send a copy to all interested parties, and within 14 days thereafter, refer the case to the Office of the Chief Administrative Law Judge for hearing pursuant to § 702.317.

15. In § 702.281, revise the introductory text of paragraph (a) and the last sentence of paragraph (b) to read as follows:
§ 702.281 Third party action.

(a) Every person claiming benefits under this Act (or the representative) must promptly notify the employer and the district director when:

(b) * * * The approval must be on a form provided by OWCP and must be filed, within thirty days after the settlement is entered into, with the district director who is administering the claim.

16. Revise § 702.315 to read as follows:
§ 702.315 Conclusion of conference; agreement on all matters with respect to the claim.

(a) Following an informal conference at which agreement is reached on all issues, the district director must (within 10 days after conclusion of the conference), embody the agreement in a memorandum or within 30 days issue a formal compensation order, to be filed and served in accordance with § 702.349. If either party requests that a formal compensation order be issued, the district director must, within 30 days of such request, prepare, file, and serve such order in accordance with § 702.349. Where the problem was of such nature that it was resolved by telephone discussion or by exchange of written correspondence, the district director must prepare a memorandum or order setting forth the terms agreed upon and notify the parties either by telephone or in writing, as appropriate. In either instance, when the employer or carrier has agreed to pay, reinstate or increase monetary compensation benefits, or to restore or appropriately change medical care benefits, such action must be commenced immediately upon becoming aware of the agreement, and without awaiting receipt of the memorandum or the formal compensation order.

(b) Where there are several conferences or discussions, the provisions of paragraph (a) of this section do not apply until the last conference. The district director must, however, prepare and place in his administrative file a short, succinct memorandum of each preceding conference or discussion.

17. Revise § 702.317 to read as follows:
§ 702.317 Preparation and transfer of the case for hearing.

A case is prepared for transfer in the following manner:

(a) The district director will furnish each of the parties or their representatives with a copy of a prehearing statement form.

(b) Each party must, within 21 days after receipt of such form, complete it and return it to the district director and serve copies on all other parties. Extensions of time for good cause may be granted by the district director.

(c) Upon receipt of the completed forms, the district director, after checking them for completeness and after any further conferences that, in his or her opinion, are warranted, will transmit them to the Office of the Chief Administrative Law Judge by letter of transmittal together with all available evidence which the parties intend to submit at the hearings (exclusive of X-rays, slides and other materials not suitable for transmission which may be offered into evidence at the time of the hearing); the materials transmitted must not include any recommendations expressed or memoranda prepared by the district director pursuant to § 702.316.

(d) If the completed pre-hearing statement forms raise new or additional issues not previously considered by the district director or indicate that material evidence will be submitted that could reasonably have been made available to the district director before he or she prepared the last memorandum of conference, the district director will transfer the case to the Office of the Chief Administrative Law Judge only after having considered such issues or evaluated such evidence or both and having issued an additional memorandum of conference in conformance with § 702.316.

(e) If a party fails to complete or return his or her pre-hearing statement form within the time allowed, the district director may, at his or her discretion, transmit the case without that party's form. However, such transmittal must include a statement from the district director setting forth the circumstances causing the failure to include the form, and such party's failure to submit a pre-hearing statement form may, subject to rebuttal at the formal hearing, be considered by the administrative law judge, to the extent intransigence is relevant, in subsequent rulings on motions which may be made in the course of the formal hearing.

18. Revise § 702.319 to read as follows:
§ 702.319 Obtaining documents from the administrative file for reintroduction at formal hearings.

Whenever any party considers any document in the administrative file essential to any further proceedings under the Act, it is the responsibility of such party to obtain such document from the district director and reintroduce it for the record before the administrative law judge. The type of document that may be obtained will be limited to documents previously submitted to the district director, including documents or forms with respect to notices, claims, controversions, contests, progress reports, medical services or supplies, etc. The work products of the district director or his staff will not be subject to retrieval. The procedure for obtaining documents will be for the requesting party to inform the district director in writing of the documents he wishes to obtain, specifying them with particularity. Upon receipt, the district director must promptly forward a copy of the requested materials to the requesting party. A copy of the letter of request and a statement of whether it has been satisfied must be kept in the case file.

19. In § 702.321, revise paragraphs (a)(1), (b), and (c) to read as follows:
§ 702.321 Procedures for determining applicability of section 8(f) of the Act.

(a) Application: filing, service, contents. (1) An employer or insurance carrier which seeks to invoke the provisions of section 8(f) of the Act must request limitation of its liability and file a fully documented application with the district director. A fully documented application must contain a specific description of the pre-existing condition relied upon as constituting an existing permanent partial disability and the reasons for believing that the claimant's permanent disability after the injury would be less were it not for the pre-existing permanent partial disability or that the death would not have ensued but for that disability. These reasons must be supported by medical evidence as specified in this paragraph. The application must also contain the basis for the assertion that the pre-existing condition relied upon was manifest in the employer and documentary medical evidence relied upon in support of the request for section 8(f) relief. This medical evidence must include, but not be limited to, a current medical report establishing the extent of all impairments and the date of maximum medical improvement. If the claimant has already reached maximum medical improvement, a report prepared at that time will satisfy the requirement for a current medical report. If the current disability is total, the medical report must explain why the disability is not due solely to the second injury. If the current disability is partial, the medical report must explain why the disability is not due solely to the second injury and why the resulting disability is materially and substantially greater than that which would have resulted from the subsequent injury alone. If the injury is loss of hearing, the pre-existing hearing loss must be documented by an audiogram which complies with the requirements of § 702.441. If the claim is for survivor's benefits, the medical report must establish that the death was not due solely to the second injury. Any other evidence considered necessary for consideration of the request for section 8(f) relief must be submitted when requested by the district director or Director.

(b) Application: Time for filing. (1) A request for section 8(f) relief should be made as soon as the permanency of the claimant's condition becomes known or is an issue in dispute. This could be when benefits are first paid for permanent disability, or at an informal conference held to discuss the permanency of the claimant's condition. Where the claim is for death benefits, the request should be made as soon as possible after the date of death. Along with the request for section 8(f) relief, the applicant must also submit all the supporting documentation required by this section, described in paragraph (a) of this section. Where possible, this documentation should accompany the request, but may be submitted separately, in which case the district director must, at the time of the request, fix a date for submission of the fully documented application. The date must be fixed as follows:

(i) Where notice is given to all parties that permanency will be an issue at an informal conference, the fully documented application must be submitted at or before the conference. For these purposes, notice means when the issue of permanency is noted on the form LS-141, Notice of Informal Conference. All parties are required to list issues reasonably anticipated to be discussed at the conference when the initial request for a conference is made and to notify all parties of additional issues which arise during the period before the conference is actually held.

(ii) Where the issue of permanency is first raised at the informal conference and could not have reasonably been anticipated by the parties prior to the conference, the district director must adjourn the conference and establish the date by which the fully documented application must be submitted and so notify the employer/carrier. The date will be set by the district director after reviewing the circumstances of the case.

(2) At the request of the employer or insurance carrier, and for good cause, the district director, at his/her discretion, may grant an extension of the date for submission of the fully documented application. In fixing the date for submission of the application under circumstances other than described above or in considering any request for an extension of the date for submitting the application, the district director must consider all the circumstances of the case, including but not limited to: Whether the claimant is being paid compensation and the hardship to the claimant of delaying referral of the case to the Office of Administrative Law Judges (OALJ); the complexity of the issues and the availability of medical and other evidence to the employer; the length of time the employer was or should have been aware that permanency is an issue; and, the reasons listed in support of the request. If the employer/carrier requested a specific date, the reasons for selection of that date will also be considered. Neither the date selected for submission of the fully documented application nor any extension therefrom can go beyond the date the case is referred to the OALJ for formal hearing.

(3) Where the claimant's condition has not reached maximum medical improvement and no claim for permanency is raised by the date the case is referred to the OALJ, an application need not be submitted to the district director to preserve the employer's right to later seek relief under section 8(f) of the Act. In all other cases, failure to submit a fully documented application by the date established by the district director will be an absolute defense to the liability of the special fund. This defense is an affirmative defense which must be raised and pleaded by the Director. The absolute defense will not be raised where permanency was not an issue before the district director. In all other cases, where permanency has been raised, the failure of an employer to submit a timely and fully documented application for section 8(f) relief will not prevent the district director, at his/her discretion, from considering the claim for compensation and transmitting the case for formal hearing. The failure of an employer to present a timely and fully documented application for section 8(f) relief may be excused only where the employer could not have reasonably anticipated the liability of the special fund prior to the consideration of the claim by the district director. Relief under section 8(f) is not available to an employer who fails to comply with section 32(a) of the Act, 33 U.S.C. 932(a).

(c) Application: Approval, disapproval. If all the evidence required by paragraph (a) of this section was submitted with the application for section 8(f) relief and the facts warrant relief under this section, the district director must award such relief after concurrence by the Associate Director, DLHWC, or his or her designee. If the district director or the Associate Director or his or her designee finds that the facts do not warrant relief under section 8(f) the district director must advise the employer of the grounds for the denial. The application for section 8(f) relief may then be considered by an administrative law judge. When a case is transmitted to the Office of Administrative Law Judges the district director must also attach a copy of the application for section 8(f) relief submitted by the employer, and notwithstanding § 702.317(c), the district director's denial of the application.

20. Revise § 702.349 to read as follows:
§ 702.349 Formal hearings; filing and mailing of compensation orders; waiver of service; disposition of transcripts.

(a) An administrative law judge must, within 20 days after the official termination of the hearing, deliver by mail, or otherwise, to the district director that administered the claim, the transcript of the hearing, other documents or pleadings filed with him with respect to the claim, and his signed compensation order. Upon receipt thereof, the district director, being the official custodian of all records with respect to claims he administers, must formally date and file the transcript, pleadings, and compensation order in his office. Such filing must be accomplished by the close of business on the next succeeding working day, and the district director must, on the same day as the filing was accomplished, serve a copy of the compensation order on the parties and on the representatives of the parties, if any. Service on the parties and their representatives must be made by certified mail unless a party has previously waived service by this method under paragraph (b) of this section.

(b) All parties and their representatives are entitled to be served with compensation orders via registered or certified mail. Parties and their representatives may waive this right and elect to be served with compensation orders electronically by filing the appropriate waiver form with the district director responsible for administering the claim. To waive service by registered or certified mail, employers, insurance carriers, and their representatives must file form LS-801 (Waiver of Service by Registered or Certified Mail for Employers and/or Insurance Carriers), and claimants and their representatives must file form LS-802 (Waiver of Service by Registered or Certified Mail for Claimants and/or Authorized Representatives). A signature on a waiver form represents a knowing and voluntary waiver of that party's or representative's right to receive compensation orders via registered or certified mail.

(1) Waiving parties and representatives must provide a valid electronic address on the waiver form.

(2) Parties and representatives must submit a separate waiver form for each case in which they intend to waive the right to certified or registered mail service.

(3) A representative may not sign a waiver form on a party's behalf.

(4) All compensation orders issued in a claim after receipt of the waiver form will be sent to the electronic address provided on the waiver form. Any changes to the address must be made by submitting another waiver form. Individuals may revoke their service waiver at any time by submitting a new waiver form that specifies that the service waiver is being revoked.

(5) If it appears that service in the manner selected by the individual has not been effective, the district director will serve the individual by certified mail.

21. Revise § 702.372 to read as follows:
§ 702.372 Supplementary compensation orders.

(a) In any case in which the employer or insurance carrier is in default in the payment of compensation due under any award of compensation, for a period of 30 days after the compensation is due and payable, the person to whom such compensation is payable may, within 1 year after such default, apply in writing to the district director for a supplementary compensation order declaring the amount of the default. Upon receipt of such application, the district director will institute proceedings with respect to such application as if such application were an original claim for compensation, and the matter will be disposed of as provided for in § 702.315, or if agreement on the issue is not reached, then as in §§ 702.316 through 702.319.

(b) If, after disposition of the application as provided for in paragraph (a) of this section, a supplementary compensation order is entered declaring the amount of the default, which amount may be the whole of the award notwithstanding that only one or more installments is in default, a copy of such supplementary order must be filed and served in accordance with § 702.349. Thereafter, the applicant may obtain and file with the clerk of the Federal district court for the judicial district where the injury occurred or the district in which the employer has his principal place of business or maintains an office, a certified copy of said order and may seek enforcement thereof as provided for by section 18 of the Act, 33 U.S.C. 918.

22. In § 702.432, revise the introductory text of paragraph (b), and paragraphs (b)(6) and (e) to read as follows:
§ 702.432 Debarment process.

(b) Pertaining to health care providers and claims representatives. If after appropriate investigation the Director determines that proceedings should be initiated, written notice thereof must be provided to the physician, health care provider or claims representative. Notice must contain the following:

(6) The name and address of the district director who will be responsible for receiving the answer from the physician, health care provider or claims representative.

(e) The Director must issue a decision in writing, and must send a copy of the decision to the physician, health care provider or claims representative. The decision must advise the physician, health care provider or claims representative of the right to request, within thirty (30) days of the date of an adverse decision, a formal hearing before an administrative law judge under the procedures set forth herein. The filing of such a request for hearing within the time specified will operate to stay the effectiveness of the decision to debar.

23. In § 702.433, revise paragraphs (a), (b), (e) and (f) to read as follows:
§ 702.433 Requests for hearing.

(a) A request for hearing must be sent to the district director and contain a concise notice of the issues on which the physician, health care provider or claims representative desires to give evidence at the hearing with identification of witnesses and documents to be submitted at the hearing.

(b) If a request for hearing is timely received by the district director, the matter must be referred to the Chief Administrative Law Judge who must assign it for hearing with the assigned administrative law judge issuing a notice of hearing for the conduct of the hearing. A copy of the hearing notice must be served on the physician, health care provider or claims representative.

(e) The administrative law judge will issue a recommended decision after the termination of the hearing. The recommended decision must contain appropriate findings, conclusions and a recommended order and be forwarded, together with the record of the hearing, to the Administrative Review Board for a final decision. The recommended decision must be served upon all parties to the proceeding.

(f) Based upon a review of the record and the recommended decision of the administrative law judge, the Administrative Review Board will issue a final decision.

PART 703—INSURANCE REGULATIONS 24. The authority citation for part 703 is revised to read as follows: Authority:

5 U.S.C. 301, and 8171 et seq.; 33 U.S.C. 901 et seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1333; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary's Order 10-2009, 74 FR 58834.

25. In § 703.2, revise the introductory text of paragraph (a) to read as follows:
§ 703.2 Forms.

(a) Any information required by the regulations in this part to be submitted to OWCP must be submitted on forms the Director authorizes from time to time for such purpose. Persons submitting forms may not modify the forms or use substitute forms without OWCP's approval. These forms must be submitted, sent, or filed in the manner prescribed by OWCP.

26. Revise § 703.113 to read as follows:
§ 703.113 Marine insurance contracts.

A longshoremen's policy, or the longshoremen's endorsement provided for by § 703.109 for attachment to a marine policy, may specify the particular vessel or vessels in respect of which the policy applies and the address of the employer at the home port thereof. The report of the issuance of a policy or endorsement required by § 703.116 must be made to DLHWC and must show the name and address of the owner as well as the name or names of such vessel or vessels.

27. Revise § 703.114 to read as follows:
§ 703.114 Notice of cancellation.

Cancellation of a contract or policy of insurance issued under authority of the Act will not become effective otherwise than as provided by 33 U.S.C. 936(b); 30 days before such cancellation is intended to be effective, notice of a proposed cancellation must be given to the district director and the employer in accordance with the provisions of 33 U.S.C. 912(c). The notice requirements of 33 U.S.C. 912(c) will be considered met when:

(a) Notice to the district director is given by a method specified in § 702.101(a) of this chapter or in the same manner that reports of issuance of policies and endorsements are reported under § 703.116; and

(b) Notice to the employer is given by a method specified in § 702.101(b) of this chapter.

28. Revise § 703.116 to read as follows:
§ 703.116 Report by carrier of issuance of policy or endorsement.

Each carrier must report to DLHWC each policy and endorsement issued by it to an employer whose employees are engaging in work subject to the Act and its extensions. Such reports must be made in a manner prescribed by OWCP. Reports made to an OWCP-authorized intermediary, such as an industry data collection organization, satisfy this reporting requirement.

29. Revise § 703.117 to read as follows:
§ 703.117 Report; by whom sent.

The report of issuance of a policy and endorsement provided for in § 703.116 or notice of cancellation provided for in § 703.114 must be sent by the home office of the carrier, except that any carrier may authorize its agency or agencies in any compensation district to make such reports, provided the carrier notifies DLHWC of the agencies so duly authorized.

30. Revise § 703.118 to read as follows:
§ 703.118 Agreement to be bound by report.

Every applicant for the authority to write insurance under the provisions of this Act, will be deemed to have included in its application an agreement that the acceptance by DLHWC of a report of insurance, as provided for by § 703.116, binds the carrier to full liability for the obligations under this Act of the employer named in said report, and every certificate of authority to write insurance under this Act will be deemed to have been issued by the Office upon consideration of the carrier's agreement to become so bound. It will be no defense to this agreement that the carrier failed or delayed to issue the policy to the employer covered by this report.

§ 703.119 [Removed and Reserved]
31. Remove and reserve § 703.119.
32. Revise § 703.120 to read as follows:
§ 703.120 Name of one employer only in each report.

For policies that are reported to DLHWC on Form LS-570 (Carrier's Report of Issuance of Policy), a separate report of the issuance of a policy and endorsement, provided for by § 703.116, must be made for each employer covered by a policy. If a policy is issued insuring more than one employer, a separate form LS-570 for each employer so covered must be sent to DLHWC in the manner described in § 703.116, with the name of only one employer on each form.

§ 703.502 [Removed and Reserved]
33. Remove and reserve § 703.502. Signed at Washington, DC, this 25th day of February, 2015. Leonard J. Howie III, Director, Office of Workers' Compensation Programs.
[FR Doc. 2015-05103 Filed 3-11-15; 8:45 am] BILLING CODE 4510-CR-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0151] Drawbridge Operation Regulation; Columbia River, Vancouver, WA AGENCY:

Coast Guard, DHS.

ACTION:

Notice of deviation from drawbridge regulations.

SUMMARY:

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe (BNSF) Railway Bridge across the Columbia River, mile 105.6, at Vancouver, WA. This deviation is necessary to accommodate maintenance to replace movable rail joints. This deviation allows the bridge to remain in the closed position during maintenance activities.

DATES:

This deviation is effective from 5 p.m. on April 27, 2015, until 9 a.m. on April 28, 2015.

ADDRESSES:

The docket for this deviation, [USCG-2015-0151] 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 deviation. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

BNSF has requested that the BNSF Swing Bridge across the Columbia River, mile 105.6, remain closed to vessel traffic to install final components of a Washington State DOT funded program for passenger service. During this installation period, the swing span of the BNSF Railway Bridge across the Columbia River at Vancouver, WA, will be in the closed-to-navigation position, however, the span may be opened for emergency vessels responding to any calls. The BNSF Swing Bridge, mile 105.6, provides 39 feet of vertical clearance above Columbia River Datum 0.0 while in the closed position. Vessels able to pass through the bridge in the closed positions may do so at anytime. The current operating schedule for the bridge is set out in 33 CFR 117.5. The normal operating schedule for the BNSF Swing Bridge states that the bridge must open promptly and fully on request. This deviation allows the swing span of the BNSF Railway Bridge across the Columbia River, mile 105.6, to remain in the closed-to-navigation position, and need not open for maritime traffic from 5 p.m. on April 27, 2015 until 9 a.m. on April 28, 2015. The bridge shall operate in accordance to 33 CFR 117.5 at all other times. Waterway usage on this part of the Columbia River includes vessels ranging from commercial tug and tow vessels to recreational pleasure craft including cabin cruisers and sailing vessels. The bridge can be opened for emergency vessels in response to a call, however, if an opening for emergencies is needed, an extension of this deviation will be required to complete the work. No immediate alternate route for vessels to pass is available on this part of the river. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation.

In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35.

Dated: March 5, 2015. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2015-05628 Filed 3-11-15; 8:45 am] BILLING CODE 9110-04-P
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 98 Mandatory Greenhouse Gas Reporting CFR Correction

In Title 40 of the Code of Federal Regulations, Parts 96 to 99, revised as of July 1, 2014, on pages 696 through 698, in subpart I of part 98, tables I-5 through I-7 are corrected to read as follows:

Table I-5 To Subpart I of Part 98—Default Emission Factors (1-Uij) for Gas Utilization Rates (Uij) and By-Product Formation Rates (Bijk) for MEMS Manufacturing Process type factors Process gas i CF4 C2F6 CHF3 CH2F2 C3F8 c− C4F8 NF3
  • Remote
  • NF3 SF6 C4F6a C5F8a C4F8Oa
    Etch 1-Ui 0.7 10.4 10.4 10.06 NA 10.2 NA 0.2 0.2 0.1 0.2 NA Etch BCF4 NA 10.4 10.07 10.08 NA 0.2 NA NA NA 10.3 0.2 NA Etch BC2F6 NA NA NA NA NA 0.2 NA NA NA 10.2 0.2 NA CVD Chamber Cleaning 1-Ui 0.9 0.6 NA NA 0.4 0.1 0.02 0.2 NA NA 0.1 0.1 CVD Chamber Cleaning BCF4 NA 0.1 NA NA 0.1 0.1 20.02 20.1 NA NA 0.1 0.1 CVD Chamber Cleaning BC3F8 NA NA NA NA NA NA NA NA NA NA NA 0.4 Notes: NA = Not applicable; i.e., there are no applicable default emission factor measurements for this gas. This does not necessarily imply that a particular gas is not used in or emitted from a particular process sub-type or process type. 1 Estimate includes multi-gas etch processes. 2 Estimate reflects presence of low-k, carbide and multi-gas etch processes that may contain a C-containing fluorinated GHG additive.
    Table I-6 To Subpart I of Part 98—Default Emission Factors (1-Uij) for Gas Utilization Rates (Uij) and By-Product Formation Rates (Bijk) for LCD Manufacturing Process type factors Process gas i CF4 C2F6 CHF3 CH2F2 C3F8 c− C4F8 NF3
  • Remote
  • NF3 SF6
    Etch 1-Ui 0.6 NA 0.2 NA NA 0.1 NA NA 0.3 Etch BCF4 NA NA 0.07 NA NA 0.009 NA NA NA Etch BCHF3 NA NA NA NA NA 0.02 NA NA NA Etch BC2F4 NA NA 0.05 NA NA NA NA NA NA CVD Chamber Cleaning 1-Ui NA NA NA NA NA NA 0.03 0.3 0.9 Notes: NA = Not applicable; i.e., there are no applicable default emission factor measurements for this gas. This does not necessarily imply that a particular gas is not used in or emitted from a particular process sub-type or process type.
    Table I-7 To Subpart I of Part 98—Default Emission Factors (1-Uij) for Gas Utilization Rates (Uij) and By-Product Formation Rates (Bijk) for PV Manufacturing Process type factors Process gas i CF4 C2F6 CHF3 CH2F2 C3F8 c− C4F8 NF3
  • Remote
  • NF3 SF6
    Etch 1-Ui 0.7 0.4 0.4 NA NA 0.2 NA NA 0.4 Etch BCF4 NA 0.2 NA NA NA 0.1 NA NA NA Etch BC2F6 NA NA NA NA NA 0.1 NA NA NA CVD Chamber Cleaning 1-Ui NA 0.6 NA NA 0.1 0.1 NA 0.3 0.4 CVD Chamber Cleaning BCF4 NA 0.2 NA NA 0.2 0.1 NA NA NA Notes: NA = Not applicable; i.e., there are no applicable default emission factor measurements for this gas. This does not necessarily imply that a particular gas is not used in or emitted from a particular process sub-type or process type.
    [FR Doc. 2015-05549 Filed 3-11-15; 8:45 am] BILLING CODE 1505-01-D
    AGENCY FOR INTERNATIONAL DEVELOPMENT 48 CFR Parts 709 and 752 RIN 0412-AA76 Incorporate Various Administrative Changes and Internal Policies in to the USAID Acquisition Regulation (AIDAR) AGENCY:

    U.S. Agency for International Development.

    ACTION:

    Direct final rule; Corrections.

    SUMMARY:

    The U.S. Agency for International Development (USAID) is issuing corrections to FR Doc. 2014-26051; Incorporate Various Administrative Changes and Internal Policies in to the USAID Acquisition Regulation (AIDAR), that was published on December 16, 2014 (79 FR 74985).

    DATES:

    Effective March 16, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Lyudmila Bond, Telephone: 202-567-4753 or Email: [email protected]

    SUPPLEMENTARY INFORMATION: Corrections

    In rule FR Doc. 2014-26051 published in the Federal Register at 79 FR 74985, December 16, 2015, make the following corrections:

    § 709.403 [Corrected]
    1. On page 74992, in the definitions of “Debarring official” and “Suspending Official” in § 709.403, correct “Senior Deputy Assistant Administrator, Bureau for Management” to read “Assistant Administrator, Bureau for Management, or designee as delegated in Agency policy found in ADS 103—Delegations of Authority”.
    § 752.7005 [Corrected]

    On page 75002, § 752.7005(b)(1)(iv), remove the second sentence.

    Authority:

    Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 1979 Comp., p. 435.

    Aman S. Djahanbani, Chief Acquisition Officer.
    [FR Doc. 2015-05580 Filed 3-11-15; 8:45 am] BILLING CODE 6116-01-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1809, 1815, 1816, 1817, 1829, 1823, 1827, 1828, 1831, 1832, 1834, 1837, 1841, 1842, 1846, 1849, 1851, and 1852 RIN 2700-AE01 and 2700-AE09 NASA Federal Acquisition Regulation Supplement AGENCY:

    National Aeronautics and Space Administration (NASA).

    ACTION:

    Final rule.

    SUMMARY:

    NASA is issuing a final rule amending the NASA Federal Acquisition Regulation Supplement (NFS) with the goal of eliminating unnecessary regulation, streamlining overly-burdensome regulation, clarifying language, and simplifying processes where possible.

    DATES:

    Effective April 13, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Cynthia Boots, NASA, Office of Procurement, email: [email protected], or 202-358-1248.

    SUPPLEMENTARY INFORMATION:

    I. Background

    The NASA FAR Supplement (NFS) is codified at 48 CFR part 1800. Periodically, NASA performs a comprehensive review and analysis of the regulation, makes updates and corrections, and reissues the NASA FAR Supplement. The last reissue was in 2004. The goal of the review and analysis is to reduce regulatory burden where justified and appropriate and make the NFS content and processes more efficient and effective, faster and simpler, in support of NASA's mission. Consistent with Executive Order (E.O.) 13563, Improving Regulations and Regulatory Review, NASA is currently reviewing and revising the NFS with an emphasis on streamlining it and reducing associated burdens. Due to the volume of the NFS, these revisions are being made in increments.

    NASA published two proposed rules as the first two incremental steps to update and revise the NASA FAR Supplement: 78 FR 23199-23203, April 18, 2013, and 79 FR 57015-57032, September 24, 2014. Together, these two rules proposed regulatory changes to 19 Parts of the NFS. The two rules also advised the public that no regulatory changes were being made to an additional 13 NFS Parts.

    This final rule finalizes these two proposed rules.

    II. Discussion and Analysis

    NASA reviewed the public comments in the development of the final rule. A discussion of the comments and the changes made to the rule as a result of those comments are provided as follows:

    A. Summary of Significant Changes From the Proposed Rule

    The definitions of “counterfeit goods” and “legally authorized source” at 1846.101 are deleted. NASA, in conjunction with the FAR Council, is working to develop and implement a definition of counterfeit part in the Federal Acquisition Regulation, which would also address the concept of “legally authorized sources”. Consequently, the NFS will not have an independent definition of either “counterfeit goods” or “legally authorized source”. Rather, use of the term counterfeit part in the NFS will be consistent with the FAR definition.

    B. Analysis of Public Comments

    Comment: In response to proposed rule #1, NASA received comments from three respondents. The three respondents suggested that the proposed definitions of “counterfeit goods” and “legally authorized source” were problematic in that they introduce inconsistencies with standard industry usage of the terms and potential FAR definitions.

    Response: The definitions of both terms have been deleted. NASA concurs that a Federal definition in the FAR is appropriate, and has been part of team working to implement FAR definitions. (Reference FAR Case 2013-002)

    Comment: In response to proposed rule #2, NASA received comments from one respondent requesting that NASA delete 1852.227-14(c)(1)(iv) because it adds unnecessary notice and marking requirements.

    Response: NASA revised Part 1827 to conform to recent FAR changes to Part 27, and 14 CFR 1245.100-117, but did not make significant changes to current coverage regarding NASA requirements related to data rights. The FAR clause at FAR 52.227-14(c)(1), Copyright, does not address the NASA-specific rights afforded NASA under the Space Act (51 U.S.C. 20135(b). Consequently, the notice and marking requirements at 1852.227-14 (c)(1)(iv) are appropriate and remain in the final rule.

    Comment: In response to proposed rule # 2, NASA received comments from one respondent suggesting that 1852.227-88 lacked a prescription and rationale.

    Response: Clause 1852.227-88 will be included in solicitations and contracts on a case-by-case basis dependent upon the Government-owned software provided under the contract. NASA will utilize the clause judiciously in order to reduce contract costs. Offerors will be reimbursed for any associated costs when the clause is utilized.

    C. Technical Amendment

    In proposed rule # 2, NASA notes an error in the publication and makes a technical correction in this final rule. At 1816.402.274(g)(3), the proposed rule should have stated a flat rate of 10% in lieu of a recommended rate of “up to 15%” for use when evaluating contractor performance related to compliance with subcontracting plans. Instead, the proposed rule retained the current, extraneous language “up to” before the 10% which is inappropriate. The final rule removes “up to”.

    III. Executive Orders 12866 and 13563

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

    IV. Regulatory Flexibility Act

    NASA certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. because it mainly clarifies or updates existing regulations. In several instances, this rule deletes existing requirements which eases the regulatory burden on all entities.

    V. Paperwork Reduction Act

    The proposed rule #1 included an application for clearance of a new information collection requirement that requires the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. Chapter 35). The collection is at 1852.215-77(c), Pre-proposal/pre-bid conference, wherein attendees at pre-proposal or pre-bid conferences will be required to submit personal identity information. NASA did not receive any comments on the information collection request.

    Needs and Uses: This information collection requires contractors to supply personal identity information for attendees at pre-proposal conferences that are held at NASA facilities. The information includes, but is not limited to name, social security number, place of birth, and citizenship. NASA will utilize the information to perform security checks for entrance to NASA facilities. Without the collection of this information, NASA will be unable to permit entrance to NASA facilities for attendance at pre-proposal conferences.

    Affected Public: Businesses or other for-profit and not-for-profit institutions.

    Frequency: On occasion.

    Approval of the information collection request from the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35) is expected concurrent with the final rule.

    List of Subjects in 48 CFR Parts 1809, 1815, 1816, 1817, 1819, 1823, 1827, 1828, 1831, 1832, 1834, 1837, 1841, 1842, 1846, 1849, 1851, and 1852

    Government procurement.

    Cynthia D. Boots, Alternate Federal Register Liaison.

    Accordingly, 48 CFR parts 1809, 1815, 1816, 1817, 1819, 1823, 1827, 1828, 1831, 1832, 1834, 1837, 1841, 1842, 1846, 1849, 1951, and 1852 are amended as follows:

    PART 1809—CONTRACTOR QUALIFICATIONS 1. The authority citation for part 1809 continues to read as follows: Authority:

    51 U.S.C. 20113(a).

    1809.206-70 and 1809.206-71 [Removed]
    2. Sections 1809.206-70 and 1809.206-71 are removed.
    Subpart 1809.6 [Removed] 3. Subpart 1809.6, consisting of section 1809.670, is removed. PART 1815—CONTRACTING BY NEGOTIATION 4. The authority citation for part 1815 continues to read as follows: Authority:

    51 U.S.C. 20113(a).

    1815.403 [Amended]
    5. In section 1815.403, the section heading is amended by adding the word “certified” between the words “Obtaining” and “cost”.
    6. Revise section 1815.403-170 to read as follows:
    1815.403-170 Waivers of certified cost or pricing data.

    (a) NASA has waived the requirement for the submission of certified cost or pricing data when contracting with the Canadian Commercial Corporation (CCC). This waiver applies to the CCC and its subcontractors. The CCC will provide assurance of the fairness and reasonableness of the proposed price. This assurance should be relied on; however, contracting officers shall ensure that the appropriate level of data other than certified cost or pricing data is submitted by subcontractors to support any required proposal analysis, including a technical analysis and a cost realism analysis. The CCC also will provide for follow-up audit activity to ensure that any excess profits are found and refunded to NASA.

    (b) NASA has waived the requirement for the submission of certified cost or pricing data when contracting for Small Business Innovation Research (SBIR) program Phase II contracts. However, contracting officers shall ensure that the appropriate level of data other than certified cost or pricing data is submitted to determine price reasonableness and cost realism.

    PART 1816—TYPES OF CONTRACTS 7. The authority citation for part 1816 continues to read as follows: Authority:

    51 U.S.C. 20113(a).

    1816.307-70 [Amended]
    8. In section 1816.307-70, remove the last sentence in paragraph (c).
    9. In section 1816.402-270, paragraphs (a) through (d) are revised to read as follows:
    1816.402-270 NASA technical performance incentives.

    (a) Pursuant to the guidelines in 1816.402, NASA has determined that a performance incentive shall be included in all contracts that are based on performance-oriented documents (see FAR 11.101(a)), except those awarded under the commercial item procedures of FAR Part 12, where the primary deliverable(s) is (are) hardware with a total value (including options) greater than $25 million. Any exception to this requirement shall be approved in writing by the head of the contracting activity. Performance incentives may be included in supply and service contracts valued under $25 million, acquired under procedures other than Part 12, at the discretion of the contracting officer upon consideration of the guidelines in 1816.402. Performance incentives, which are objective and measure performance after delivery and acceptance, are separate from other incentives, such as cost or delivery incentives.

    (b) When a performance incentive is used, it shall be structured to be both positive and negative based on performance after acceptance, unless the contract type requires complete contractor liability for product performance (e.g., fixed price). In this latter case, a negative incentive is not required. In structuring the incentives, the contract shall establish a standard level of performance based on the salient performance requirement. This standard performance level is normally the contract's target level of performance. No performance incentive amount is earned at this standard performance level. Discrete units of measurement based on the same performance parameter shall be identified for performance above and, when a negative incentive is used, below the standard. Specific incentive amounts shall be associated with each performance level from maximum beneficial performance (maximum positive incentive) to, when a negative incentive is included, minimal beneficial performance or total failure (maximum negative incentive). The relationship between any given incentive, either positive or negative, and its associated unit of measurement should reflect the value to the Government of that level of performance. The contractor should not be rewarded for above-standard performance levels that are of no benefit to the Government.

    (c) The final calculation of the performance incentive shall be done when performance, as defined in the contract, ceases or when the maximum positive incentive is reached. When performance ceases below the standard established in the contract and a negative incentive is included, the Government shall calculate the amount due and the contractor shall pay the Government that amount. Once performance exceeds the standard, the contractor may request payment of the incentive amount associated with a given level of performance, provided that such payments shall not be more frequent than monthly. When performance ceases above the standard level of performance, or when the maximum positive incentive is reached, the Government shall calculate the final performance incentive earned and unpaid and promptly remit it to the contractor.

    (d) When the deliverable supply or service lends itself to multiple, meaningful measures of performance, multiple performance incentives may be established. When the contract requires the sequential delivery of several items (e.g., multiple spacecraft), separate performance incentive structures may be established to parallel the sequential delivery and use of the deliverables.

    1816.405-270 [Amended]
    10. In section 1816.405-270: a. Remove paragraph (a); b. In paragraph (b), remove the first sentence; and c. Redesignate paragraphs (b), (c), and (d) as paragraphs (a), (b), and (c).
    1816.405-272 [Amended]
    11. In section 1816.405-272, in paragraph (b), remove the word “should” in the last sentence and add in its place “shall”.
    1816.405-273 [Amended]
    12. In section 1816.405-273, in paragraph (a), remove the word “often” in the first sentence.
    1816.405-274 [Amended]
    13. In section 1816.405-274, in paragraph (e)(3), add the word “fee” between the words “award” and “shall” in the second sentence and revise paragraph (g) to read as follows:
    1816.405-274 Award fee evaluation factors.

    (g)(1) The contractor's performance against the subcontracting plan incorporated in the contract shall be evaluated. Emphasis may be placed on the contractor's accomplishment of its goals for subcontracting with small business, small disadvantaged business, HUBZone small business, women-owned small business, veteran-owned small business, service-disabled veteran-owned small business concerns, and Historically Black Colleges and Universities—Minority Institutions (HBCU/MIs). The evaluation should consider both goals as a percentage of subcontracting dollars as well as a percentage of the total contract value.

    (2) The contractor's achievements in subcontracting high technology efforts as well as the contractor's performance under the Mentor-Protégé Program, if applicable, may also be evaluated.

    (3) The evaluation weight given to the contractor's performance against the considerations in paragraphs (g)(1) and (2) of this section shall be 10 percent of available award fee and shall be separate from all other factors.

    14. In section 1816.405-275; a. Revise paragraph (a); and b. In paragraph (b), the parenthetical reference at the end of the first sentence is revised to read “(see FAR 16401(e)(3)(iv))”.

    The revision reads as follows:

    1816.405-275 Award fee evaluation rating.

    (a) All award fee contracts shall utilize the adjectival rating categories and associated descriptions as well as the award fee pool available to be earned percentages for each adjectival rating category contained in FAR 16.401(e)(3)(iv). Contracting officers may supplement these descriptions with more specifics relative to their procurement but they cannot alter or delete the FAR adjectival rating descriptions.

    15. In section 1816.406-70, in paragraph (f), the last sentence is revised to read as follows:
    1816.406-70 NASA contract clauses.

    (f)* * * A clause substantially as stated at 1852.216-88 may be included in lower dollar value supply or service contracts at the discretion of the contracting officer.

    PART 1817—SPECIAL CONTRACTING METHODS 16-18. The authority citation for part 1817 continues to read as follows: Authority:

    51 U.S.C. 20113(a).

    Subpart 1817.71 [Removed] 19. Subpart 1817.71 is removed. Subpart 1817.73 [Redesignated as Subpart 1817.70] 20. Subpart 1817.73 is redesignated as subpart 1817.70. PART 1819—SMALL BUSINESS PROGRAMS 21. The authority citation for part 1819 continues to read as follows: Authority:

    51 U.S.C. 20113(a).

    22. In section 1819.201, the last sentence in paragraph in (a)(i) and paragraph (a)(ii) are revised to read as follows:
    1819.201 General Policy.

    (a)(i) * * * The participation of these entities is emphasized in high-technology areas where they have had low involvement level.

    (a)(ii) NASA biennially negotiates Agency small business prime and subcontracting goals with the Small Business Administration pursuant to section 15(g) of the Small Business Act (15 U.S.C. 644). In addition, NASA has an annual goal of five percent for prime and subcontract awards to small disadvantaged businesses (SDBs) and women-owned small businesses (WOSBs), and a three percent goal for HUBZone and service-disabled, veteran-owned small business concerns.

    23. Section 1819.302 is revised to read as follows:
    1819.302 Protesting a small business representation or rerepresentation.

    (h) When the contracting officer determines in writing that an award must be made to protect the public interest, the contracting officer shall notify the Headquarters Office of Procurement, Program Operations Division, the Headquarters Office of Small Business Programs, and the SBA.

    24. In section 1819.708-70, paragraph (b) is revised to read as follows:
    1819.708-70 NASA solicitation provision and contract clauses.

    (b) The contracting officer shall insert the clause at 1852.219-75, Individual Subcontracts Reporting, in solicitations and contracts containing the clause at FAR 52.219-9, except for contracts covered by an approved commercial subcontracting plan.

    25. Section 1819.811-3 is added to read as follows:
    1819.811-3 Contract clauses.

    (a) The contracting officer shall insert the clause at 1852.219-11, Special 8(a) Contract Conditions, in contracts and purchase orders awarded directly to the 8(a) contractor when the acquisition is accomplished using the procedures of FAR 19.811-1(a) and (b).

    (d) The contracting officer shall insert the clause at 1852.219-18, Notification of Competition Limited to Eligible 8(a) Concerns, in competitive solicitations and contracts when the acquisition is accomplished using the procedures of FAR 19.805.

    (1) The clause at 1852.219-18 with Alternate I to the FAR clause at 52.219-18 will be used when competition is to be limited to 8(a) concerns within one or more specific SBA districts pursuant to FAR 19.804-2.

    (2) The clause at 1852.219-18 with Alternate II to the FAR clause at 52.219-18 will be used when the acquisition is for a product in a class for which the Small Business Administration has waived the nonmanufacturer rule (see FAR 19.102(f)(4) and (5)).

    (e) Follow the prescription at FAR 19.811-3(e).

    Subpart 1819.10, 1819.70 and 1819.71 [Removed and Reserved] 26. Subparts 1819.10, 1819.70, and 1819.71 are removed and reserved. 27. In section 1819.7201, paragraph (a)(1) is revised to read as follows:
    1819.7201 Scope of subpart.

    (a) * * *

    (1) Provide incentives to NASA contractors, performing under at least one active, approved subcontracting plan negotiated with NASA, to assist protégés in enhancing their capabilities to perform as viable NASA contractors, other Government contractors, and commercial suppliers on contract and subcontract requirements.

    28. Sections 1819.7202, 1819.7203, 1819.7204, and 1819.7205 are revised to read as follows:
    1819.7202 Eligibility

    (a) Eligibility of Mentors: To be eligible as a mentor, an entity must be—

    (1) A large prime contractor performing with at least one approved subcontracting plan, other than a commercial plan, negotiated with NASA, pursuant to FAR Subpart 19.7, the Small Business Subcontracting Program. A contractor may apply to become a mentor if they currently are not performing under a NASA contract as long as they are currently performing another Federal agency contract with an approved subcontracting plan. The NASA mentor-protégé agreement, however, will not be approved until the mentor company is performing under a NASA contract with an approved subcontracting plan; and

    (2) Eligible for receipt of Government contracts. An entity will not be approved for participation in the Program if, at the time of submission of the application to the Headquarters Office of Small Business Programs, the entity is currently debarred or suspended from contracting with the Federal Government pursuant to FAR Subpart 9.4, Debarment, Suspension, and Ineligibility.

    (b) Eligibility of Protégés: To be eligible to participate as a protégé, an entity must be—

    (1) Classified as a Small Disadvantaged Business (SDB), a small disadvantaged business, a women-owned small business, a historically underutilized business zone concern, a veteran-owned, service-disabled small business, a historically black college and university, or a minority institution. The protégé entity may also be an active NASA SBIR/STTR Phase II company, or an entity participating in the AbilityOne program.

    (2) Eligible for the award of Federal contracts; and

    (3) A small business according to the Small Business Administration (SBA) size standard for the North American Industry Classification System (NAICS) code that represents the contemplated supplies or services to be provided by the protégé to the mentor.

    (c) A protégé firm may self-certify to a mentor firm that it meets the requirements set forth in paragraph (b) of this section. Mentors may rely in good faith on written representations by potential protégés that they meet the specified eligibility requirements.

    1819.7203 Mentor-protégé advance payments

    If advance payments are contemplated, the mentor must first have the advance payments approved the contracting officer in accordance with FAR Subpart 32.4, Advance Payments for Non-commercial items.

    1819.7204 Agreement submission and approval process.

    (a) To participate in the Program, entities approved as mentors in accordance with 1819.7203, will submit a complete agreement package to the Contracting Officer who will forward the completed agreement package to the cognizant Small Business Specialist at the NASA Center. The submission package must include the following—

    (1) A signed mentor-protégé agreement;

    (2) A signed protégé application;

    (3) The estimated cost of the technical assistance to be provided, broken out per year and per task, in a separate cost volume; and

    (4) Additional information as may be requested by the NASA OSBP; and

    (5) A signed letter of endorsement of the agreement by the contracting officer and the contracting officer representative.

    (b) The mentor-protégé agreement must be approved by the Assistant Administrator, NASA OSBP, prior to the mentor incurring eligible costs for developmental assistance provided to the protégé.

    (c) The cognizant NASA center will issue a contract modification, if justified, prior to the mentor incurring costs for developmental assistance to the protégé.

    1819.7205 Award Fee Pilot Program.

    (a) Mentors will be eligible to earn a separate award fee associated with the provision of developmental assistance to NASA SBIR/STTR Phase II Protégés only. The award fee will be assessed at the end of the Mentor-Protégé agreement period.

    (b) The overall developmental assistance performance of NASA contractors, in promoting the use of small businesses as subcontractors, will be a required evaluation factor in award fee plans.

    (c) Evaluation criteria to determine the award fee should include:

    (1) Benefit of the agreement to NASA;

    (2) Active participation in the Program;

    (3) The amount and quality of developmental assistance provided;

    (4) Subcontracts awarded to small businesses and others;

    (5) Success of the protégés in increasing their business as a result of receiving developmental assistance; and

    (6) Accomplishment of any other activity as related to the mentor-protégé relationship.

    (d) The Award Fee Pilot Program is an addition to the credit agreement. Participants that are eligible for award fee may also receive credit under their individual contract's award fee plan.

    1819.7206 through 1819.7211 [Removed and Reserved]
    29. Sections 1819.7206, 1819.7207, 1819.7208, 1819.7209, 1819.7210, and 1819.7211 are removed and reserved.
    30. In section 1819.7212, paragraph (e) is revised to read as follows:
    1819.7212 Reporting requirements.

    (e) The protégé semiannual report required by paragraph (d) must be submitted separately from the Mentor's semiannual report submission.

    1819.7213 and 1819.7214 [Removed and Reserved]
    31. Remove and reserve sections 1819.7213 and 1819.7214.
    1819.7301 [Amended]
    32. In section 1819.7301, add “, as amended.” at the end of the first sentence.
    33. Amend section 1819.7302 by adding two sentences at the end of paragraphs (c), (d), and (e); and revising paragraph (f) to read as follows:
    1819.7302 NASA contract clauses.

    (c) * * * Occasionally, deviations from this requirement may be approved. Any deviations from this requirement shall be approved in writing by the contracting officer after coordination with the Agency SBIR Program Manager/Coordinator.

    (d) * * * Occasionally, deviations from this requirement may be approved. Any deviations from this requirement shall be approved in writing by the contracting officer after coordination with the Agency SBIR Program Manager/Coordinator.

    (e) * * * Occasionally, deviations from this requirement may be approved. Any deviations from this requirement shall be approved in writing by the contracting officer after coordination with the Agency SBIR Program Manager/Coordinator.

    (f) Contracting officers shall insert the clause at 1852.219-85, Conditions for Final Payment—SBIR and STTR Contracts, in all Phase I and Phase II contract awarded under the Small Business Technology Transfer (STTR) Program and the Small Business Innovation Research (SBIR) Program established pursuant to Public Law 97-219 (The Small Business Innovation Development Act of 1982.)

    PART 1823—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE 34. The authority citation for part 1823 continues to read as follows: Authority:

    51 U.S.C. 20113(a).

    Subpart 1823.10 [Removed] 34. Subpart 1823.10 is removed. 35. In Subpart 1823.71, the subpart heading and section 1823.7101 are revised to read as follows:
    1823.71 Authorization for Radio Frequency Use.
    1823.7101 Contract clause.

    The contracting officer shall insert the clause at 1852.223-71, Authorization for radio Frequency Use, in solicitations and contracts calling for developing, producing, constructing, testing, or operating a device for which a radio frequency equipment authorization is required.

    36. Part 1827 is revised to read as follows: PART 1827—PATENTS, DATA, AND COPYRIGHTS Sec. 1827.000 Scope of part. Subpart 1827.3—Patent Rights Under Government Contracts 1827.301 Definitions. 1827.302 Policy. 1827.303 Solicitation provisions and contract clauses. 1827.304 Procedures. 1827.304-1 General. 1827.304-2 Contracts placed by or for other Government agencies. 1827.304-3 Subcontracts. 1827.304-4 Appeals. 1827.305 Administration of the patent rights clauses. 1827.305-3 Securing invention rights acquired by the Government. Subpart 1827.4—Rights in Data and Copyrights 1827.404 Basic rights in data clause. 1827.404-4 Contractor's release, publication, and use of data. 1827.409 Solicitation provisions and contract clauses. Authority:

    51 U.S.C. 20113(a).

    1827.000 Scope of part.

    This part prescribes NASA policies, procedures, and contract clauses pertaining to patents, data, and copyrights. The provisions of FAR Part 27 apply to NASA acquisitions unless specifically excepted in this part.

    Subpart 1827.3—Patent Rights Under Government Contracts
    1827.301 Definitions.

    As used in this subpart—

    Administrator means the Administrator of NASA or a duly authorized representative.

    Reportable item means any invention, discovery, improvement, or innovation of the contractor, whether or not patentable or otherwise protectable under Title 35 of the United States Code, made in the performance of any work under any NASA contract or in the performance of any work that is reimbursable under any clause in any NASA contract providing for reimbursement of costs incurred before the effective date of the contract. Reportable items include, but are not limited to, new processes, machines, manufactures, and compositions of matter, and improvements to, or new applications of, existing processes, machines, manufactures, and compositions of matter. Reportable items also include new computer programs, and improvements to, or new applications of, existing computer programs, whether or not copyrightable or otherwise protectable under Title 17 of the United States Code.

    Subject invention, in lieu of the definition in FAR 27.301, means any reportable item that is or may be patentable or otherwise protectable under Title 35 of the United States Code, or any novel variety of plant that is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321, et seq.).

    1827.302 Policy.

    (a) Introduction. NASA policy with respect to any invention, discovery, improvement, or innovation made in the performance of work under any NASA contract or subcontract with other than a small business firm or a nonprofit organization and the allocation of related property rights is based upon Section 20135 of the National Aeronautics and Space Act (51 U.S.C. 20135) (the Act); and, to the extent consistent with this statute, the Presidential Memorandum on Government Patent Policy to the Heads of Executive Departments and Agencies, dated February 18, 1983, and Section 1(b)(4) of Executive Order 12591. NASA contractors subject to Section 20135 of the Act shall ensure the prompt reporting of reportable items in order to protect the Government's interest and to provide the widest practicable and appropriate dissemination, early utilization, expeditious development, and continued availability for the benefit of the scientific, industrial, and commercial communities and the general public.

    (b) Contractor right to elect title. (1) For NASA contracts, the contractor right to elect title under the FAR only applies to contracts with small businesses and nonprofit organizations. For other business entities, see paragraph (b)(2)(v) of this section;

    (2)(v) Under any NASA contract with other than a small business or nonprofit organization (i.e., contracts subject to section 20135(b) of the Act), title to subject inventions vests in NASA when the determinations of section 20135(b)(1)(A) or (b)(1)(B) have been made. The Administrator may grant the contractor a waiver of title in accordance with 14 CFR part 1245.

    (3) Contractor petitions for waiver of title. The Administrator may waive all or any part of the rights of the United States with respect to any invention or class of inventions made or which may be made in the performance of NASA contracts with other than a small business firm or a nonprofit organization if the Administrator determines that the interests of the United States will be served. The procedures and instructions for contractors to submit petitions for waiver of rights in subject inventions are provided in the NASA Patent Waiver Regulations, 14 CFR part 1245, subpart 1, http://www.thefederalregister.org/fdsys/pkg/CFR-2012-title14-vol5/pdf/CFR-2012-title14-vol5-part1245.pdf. Waiver may be requested in advance of contract award for any subject invention or class of subject inventions or during contract performance for individually identified subject inventions reported under the contract. For individual identified subject inventions, the petition shall identify each invention with particularity (e.g., by NASA's assigned number to the Disclosure of Invention and New Technology report or by title and inventorship). For advance waivers, the petition shall identify the invention or class of inventions that the Contractor believes will be made under the contract and for which waiver is being requested. To meet the statutory standard of “any invention or class of inventions,” the petition must be directed to a single invention or to inventions directed to a particular process, machine, manufacture, or composition of matter, or to a narrowly-drawn, focused area of technology. When a waiver of title is granted, the contractor's right to title, the rights reserved by the Government, and other conditions and obligations of the waiver, such as requirements for reporting and filing patent applications on waived inventions, are provided in the NASA Patent Waiver Regulations, 14 CFR part 1245, subpart 1, and the Instrument of Waiver executed under those Regulations.

    (c) Government license. For each subject invention made in the performance of work under a NASA contract with other than a small business firm or nonprofit organization and for which waiver of title has been granted, the Administrator shall reserve an irrevocable, nonexclusive, nontransferable, royalty-free license for the practice of such invention throughout the world by or on behalf of the United States or any foreign Government in accordance with any treaty or agreement of the United States.

    (e) Utilization reports. For each subject invention made in the performance of work under a NASA contract with other than a small business firm or a nonprofit organization and for which waiver of title has been granted, the requirements for utilization reports shall be as set forth in the NASA Patent Waiver Regulations, 14 CFR part 1245, subpart 1, and the Instrument of Waiver executed under those Regulations.

    (f) March-in rights. For each subject invention made in the performance of work under a NASA contract with other than a small business firm or a nonprofit organization and for which waiver of title has been granted, march-in rights shall be as set forth in the NASA Patent Waiver Regulations, 14 CFR part 1245, subpart 1, and the Instrument of Waiver executed under those Regulations.

    (g) Preference for United States industry. For each subject invention made in the performance of work under a NASA contract with other than a small business firm or a nonprofit organization and for which waiver of title has been granted, waiver of the requirement for substantial manufacture in the United States shall be in accordance with Title 35 of the United States Code, section 204.

    (i) Minimum rights to contractor. (1) For NASA contracts with other than a small business firm or a nonprofit organization, where title to any subject inventions vests in NASA, the contractor is normally granted, in accordance with the NASA Patent Waiver Regulations, 14 CFR 1245.108, a revocable, nonexclusive, royalty-free license in each patent application filed in any country and in any resulting patent. The license extends to any of the contractor's domestic subsidiaries and affiliates within the corporate structure, and includes the right to grant sublicenses of the same scope to the extent the contractor was legally obligated to do so at the time the contract was awarded. The license and right are transferable only with the approval of the Administrator, except when transferred to the successor of that part of the contractor's business to which the invention pertains.

    (2) The procedures for revoking or modifying the license to a contractor that is other than a small business firm or a nonprofit organization are described in 14 CFR 1245.108.

    (k) Awards. It is the policy of NASA to consider for a monetary award, when referred to the NASA Inventions and Contributions Board in accordance with 14 CFR part 1240, subpart 1, any subject invention reported to NASA in accordance with this subpart, and for which an application for patent has been filed.

    1827.303 Solicitation provisions and contract clauses.

    (a)(1) The contracting officer shall insert the provision at 1852.227-84, Patent Rights Clauses, in solicitations for experimental, developmental, or research work to be performed in the United States when the eventual awardee may be a small business or a nonprofit organization.

    (b)(1) When the clause at FAR 52.227-11 is included in a solicitation or contract, it shall be modified as set forth at 1852.227-11.

    (i) To qualify for the clause at FAR 52.227-11, a prospective contractor shall be required to represent itself as either a small business firm or a nonprofit organization. If the contracting officer has reason to question the size or nonprofit status of the prospective contractor, the contracting officer will follow the procedures at FAR 27.304-1(a).

    (iii) The contracting officer shall complete paragraph (j) of the clause at FAR 52.227-11 with the following: Communications and information submissions required by this clause will be made to the individuals identified in the clause at 1852.227-72, Designation of New Technology Representative and Patent Representative.

    (iv) See also paragraph (d)(3) of this section.

    (6) Alternate IV to 52.227-11 is not used in NASA contracts. See instead 1827.303(b)(1).

    (7) The contracting officer shall consult with the center patent or intellectual property counsel regarding the use of Alternate V in contracts for the performance of services at a NASA installation when a contractor is directed to fulfill the Government's obligations under a Cooperative Research and Development Agreement (CRADA) authorized by 15 U.S.C. 3710a. Alternate V may be included in, or added to, the contract when it is contemplated that a Contractor will be directed to fulfill NASA's obligations under a CRADA, but should be added prior to the contractor performing work under the CRADA.

    (d)(1) The contracting officer shall insert the clause at 1852.227-70, New Technology—Other than a Small Business Firm or Nonprofit Organization, in all NASA solicitations and contracts with other than a small business firm or a nonprofit organization (i.e., those subject to section 21035(b) of the Act), if the contract is to be performed in the United States, and has as a purpose the performance of experimental, developmental, research, design, or engineering work. Contracts for any of the following purposes may be considered to involve the performance of work of the type described above (these examples are illustrative and not all inclusive):

    (i) Conduct of basic or applied research.

    (ii) Development, design, or manufacture for the first time of any machine, article of manufacture, or composition of matter to satisfy NASA's specifications or special requirements.

    (iii) Development of any process or technique for attaining a NASA objective not readily attainable through the practice of a previously developed process or technique.

    (iv) Testing of, evaluation of, or experimentation with a machine, process, concept, or technique to determine whether it is suitable or could be made suitable for a NASA objective.

    (v) Construction work or architect-engineer services having as a purpose the performance of experimental, developmental, or research work or test and evaluation studies involving such work.

    (vi) The operation of facilities or the coordination and direction of the work of others, if these activities involve performing work of any of the types described in paragraphs (i) through (v) of this section.

    (2) The contracting officer shall insert the provision at 1852.227-71, Requests for Waiver of Rights to Inventions, in all solicitations that include the clause at 1852.227-70, New Technology—Other than a Small Business Firm or Nonprofit Organization (see paragraph (d)(1) of this section).

    (3) The contracting officer shall insert the clause at 1852.227-72, Designation of New Technology Representative and Patent Representative, in all solicitations and contracts containing either of the clauses at FAR 52.227-11, Patent Rights—Ownership by the Contractor, or 1852.227-70, New Technology—Other than a Small Business Firm or Nonprofit Organization (see paragraph (d)(1) of this section). It may also be inserted, upon consultation with the center patent or intellectual property counsel, in solicitations and contracts using another patent rights clause. The center New Technology and Patent Representatives are identified at http://prod.nais.nasa.gov/portals/pl/new_tech_pocs.html.

    (e)(1) When work is to be performed outside the United States by contractors that are not domestic firms, the clause at 1852.227-85, Invention Reporting and Rights—Foreign, shall be used unless the contracting officer determines, with concurrence of the center patent or intellectual property counsel, that the objectives of the contract would be better served by use of the clause at FAR 52.227-13, Patent Rights—Ownership by the Government. For this purpose, the contracting officer may presume that a contractor is not a domestic firm unless it is known that the firm is not foreign owned, controlled, or influenced. (See FAR 27.304-3 regarding subcontracts with U.S. firms.)

    (2) When one of the conditions in FAR 27.303(e)(1)(i) through (iv) is met, the contracting officer shall consult with the center patent or intellectual property counsel to determine the appropriate clause.

    1827.304 Procedures.
    1827.304-1 General.

    (b)(1) Exceptions. In any contract with other than a small business firm or nonprofit organization, the NASA Patent Waiver Regulations, 14 CFR part 1245, subpart 1, shall apply.

    (c) Greater rights determinations. In any contract with other than a small business firm or a nonprofit organization and with respect to which advance waiver of rights has not been granted (see 1827.302(b)(3)), the contractor (or an employee-inventor of the contractor after consultation with the contractor) may request waiver of title to an individual identified subject invention pursuant to the NASA Patent Waiver Regulations, 14 CFR part 1245, subpart 1.

    (d) Retention of rights by inventor. The NASA Patent Waiver Regulations, 14 CFR part 1245, subpart 1, apply for any invention made in the performance of work under any contract with other than a small business firm or a nonprofit organization.

    (f) Revocation or modification of contractor's minimum rights. For contracts with other than a small business firm or a nonprofit organization, revocation or modification of the contractor's license rights in subject inventions made and reported under the contract shall be in accordance with 14 CFR 1245.108 (see 1827.302(i)(2)).

    (g) Exercise of march-in rights. For contracts with other than a small business firm or a nonprofit organization, the procedures for the exercise of march-in rights shall be as set forth in the NASA Patent Waiver Regulations, 14 CFR part 1245, subpart 1.

    (h) Licenses and assignments under contracts with nonprofit organizations. The Headquarters Agency Counsel for Intellectual Property (ACIP) is the approval authority for assignments. Contractor requests should be made to the Patent Representative designated in the clause at 1852.227-72 and forwarded, with recommendation of the Patent Representative, to the ACIP for approval.

    1827.304-2 Contracts placed by or for other Government agencies.

    (a)(3)(i) This subsection applies only to contracts placed by or for other agencies and not to task or delivery orders placed by or for other agencies against NASA Government-wide Acquisition Contracts (GWACs) or Multiple Agency Contracts (MACs).

    (ii) When a contract is placed for another agency with a small business or nonprofit organization and the agency does not request the use of a specific patent rights clause, the contracting officer shall use the clause at FAR 52.227-11, Patent Rights—Ownership by the Contractor as modified by 1852.227-11 (see 1827.303(b)(1)).

    (iii) When a contract is placed for another agency with other than a small business or nonprofit organization, the contracting officer, in accordance with Section 20135 of the Act, shall use the clause at 1852.227-70, New Technology—Other than a Small Business Firm or Nonprofit Organization (see 1827.303(d)(1).

    (iv) When work is to be performed outside the United States by contractors that are not domestic firms, the contracting officer shall use one of the clause described in 1827.303(e)(1).

    1827.304-3 Subcontracts.

    (a) Unless otherwise authorized or directed by the contracting officer, contractors awarding subcontracts at any tier shall select and include in the subcontracts one of the clauses identified in subparagraphs (a)(1) or (2) of this section. At all tiers, the applicable clause identified below shall be modified to identify the parties as follows: references to the Government are not changed, and in all references to the Contractor the subcontractor is substituted for the Contractor so that the subcontractor has all rights and obligations of the Contractor in the clause.

    (1) The clause at 1852.227-70, New Technology—Other than a Small Business Firm or Nonprofit Organization, shall be used in any subcontract with other than a small business firm or a nonprofit organization if a purpose of the subcontract is the performance of experimental, developmental, research, design, or engineering work of any of the types described in 1827.303(d)(1).

    (2) The clause at FAR 52.227-11, Patent Rights—Ownership by the Contractor, modified by 1852.227-11 (see 1827.303(b)(1)), shall be used in any subcontract with a small business firm or a nonprofit organization if a purpose of the subcontract is the performance of experimental, developmental, or research work.

    1827.304-4 Appeals.

    FAR 27.304-4 shall apply unless otherwise provided in the NASA Patent Waiver Regulations, 14 CFR part 1245, subpart 1.

    1827.305 Administration of the patent rights clauses.
    1827.305-3 Securing invention rights acquired by the Government.

    When the Government acquires the entire right to, title to, and interest in an invention under the clause at 1852.227-70, New Technology—Other than a Small Business Firm or Nonprofit Organization, a determination of title is to be made in accordance with section 20135(b) of the Act (51 U.S.C. 20135(b)), and reflected in appropriate instruments executed by NASA Administrator and forwarded to the contractor by the contracting officer.

    Subpart 1827.4—Rights in Data and Copyrights
    1827.404 Basic rights in data clause.
    1827.404-4 Contractor's release, publication, and use of data.

    (b)(1) NASA's intent is to ensure the most expeditious dissemination of computer software developed by it or its contractor. Accordingly, when the clause at FAR 52.227-14, Rights in Data—General, is modified by 1852.227-14 (see 1827.409(b)(1)), the contractor shall not assert claim to copyright, publish, or release to others computer software first produced in the performance of a contract without the contracting officer's prior written permission. The prohibition on “release to others” does not prohibit release to another Federal Agency for its use or its contractors' use, as long as any such release is consistent with any restrictive markings on the software. Any restrictive markings on the software shall take precedence over the aforementioned release. Any such release to a Federal Agency in accordance with this paragraph shall limit use to the Federal Agency or its contractors for Government purposes only.

    (2) The contracting officer may, in consultation with the center patent or intellectual property counsel, grant the contractor permission to assert claim to copyright, publish, or release to others computer software first produced in the performance of a contract if:

    (i) The contractor has identified an existing commercial computer software product line or proposes a new one and states a positive intention of incorporating identified computer software first produced under the contract into that line, either directly itself or through a licensee;

    (ii) The contractor has identified an existing open source software project or proposes a new one and states a positive intention of incorporating identified computer software first produced under the contract into that project, or has been instructed by the Agency to incorporate software first produced under the contract into an open source software project or otherwise release the software as open source software;

    (iii) The contractor has made, or will be required to make, substantial contributions to the development of the computer software by co-funding or by cost-sharing, or by contributing resources (including but not limited to agreement to provide continuing maintenance and update of the software at no cost for Governmental use); or

    (iv) The concurrence of the Agency Counsel for Intellectual Property, or designee, is obtained.

    (c)(1) The contractor's request for permission in accordance with 1827.404-4(b) may be made either before contract award or during contract performance.

    (2)(i) If the basis for permitting the assertion under 1827.404-4(b)(2) is subsection (i), then the permission shall be granted by a contract modification prepared by the contracting officer in consultation with the Center patent or intellectual property counsel that contains appropriate assurances that the computer software will be incorporated into an existing or proposed new commercial computer software product line within a specified reasonable time, with contingencies enabling the Government to obtain the right to distribute the software for commercial use, including the right to obtain assignment of copyright where applicable, in order to prevent the computer software from being suppressed or abandoned by the contractor.

    (ii) If the basis for permitting the assertion under 1827.404-4(b)(2) is paragraph (b)(2)(ii), then the permission shall be granted by a contract modification prepared by the contracting officer in consultation with the Center patent or intellectual property counsel that contains appropriate assurances that the computer software will be incorporated into an existing or proposed new open source project within a specified reasonable time, with contingencies enabling the Government to obtain the right to distribute the software for open source development, including the right to obtain assignment of copyright where applicable, in order to prevent the computer software from being suppressed or abandoned by the contractor.

    (iii) If the basis for permitting the assertion under 1827.404-4(b)(2) is paragraph (b)(2)(iii), then the permission shall be granted by a contract modification that contains appropriate assurances that the agreed contributions to the Government are fulfilled, with contingencies enabling the Government to obtain assignment of copyright if such contributions do not occur in order to prevent the computer software from being suppressed or abandoned by the contractor.

    (iv) If the basis for permitting the assertion under 1827.404-4(b)(2) is paragraph (b)(2)(iv), then the permission shall be granted by a contract modification prepared by the contracting officer in consultation with the Center patent or intellectual property counsel that contains appropriate assurances as required by the Agency Counsel for Intellectual Property, or designee, including at the very least the right to obtain assignment of copyright in order to prevent the computer software from being suppressed or abandoned by the contractor.

    (3) When any permission to copyright is granted, any copyright license retained by the Government shall be of the same scope as set forth in subparagraph (c)(1) of the clause at FAR 52.227-14 and without any obligation of confidentiality on the part of the Government unless, in accordance with 1827.404-4(b)(2)(iii), the contributions of the Contractor are considered “substantial” for the purposes of FAR 27.408 (i.e., approximately 50 percent), in which case rights consistent with FAR 27.408 may be negotiated for the computer software in question.

    (d) If the contractor has not been granted permission to assert claim to copyright, paragraph (d)(4)(ii) of the clause at FAR 52.227-14, Rights in Data—General (as modified by 1852.227-14) enables NASA to direct the contractor to assert claim to copyright in computer software first produced under the contract and to assign, or obtain the assignment of, such copyright to the Government or its designated assignee. The contracting officer may, in consultation with the center patent or intellectual property counsel, so direct the contractor in situations where copyright protection is considered necessary in furtherance of Agency mission objectives, needed to support specific Agency programs, or necessary to meet statutory requirements.

    1827.409 Solicitation provisions and contract clauses.

    (b)(1) When the clause at FAR 52.227-14, Rights in Data—General, is included in a solicitation or contract, it shall be modified as set forth at 1852.227-14. In contracts for basic or applied research to be performed solely by universities and colleges, the contracting officer shall consult with the center patent or intellectual property counsel regarding the addition of subparagraph (4) as set forth at 1852.227-14 to paragraph (d) of the clause at FAR 52.227-14 and they will consider the guidance provided at FAR 27.404-4.

    (2) The contracting officer, with the concurrence of the center patent or intellectual property counsel, is the approval authority for use of Alternate I of the clause at FAR 52.227-14. An example of its use is where the principal purpose of the contract (such as a contract for basic or applied research) does not involve the development, use, or delivery of items, components, or processes that are intended to be acquired for use by or for the Government (either under the contract in question or under any anticipated follow-on contracts relating to the same subject matter).

    (3) The contracting officer shall review the disclosure purposes listed in FAR 27.404-2(c)(1)(i) through (v) and, in consultation with the center patent or intellectual property counsel, determine which disclosure purposes apply based on the nature of the acquisition, and add them to paragraph (g)(3) of Alternate II of the clause at FAR 52.227-14, Rights in Data—General. If none apply, the CO shall insert “none”. Additions to those specific purposes listed may be made only with the approval of the procurement officer and concurrence of the center patent or intellectual property counsel.

    (4) The contracting officer shall consult with the center patent or intellectual property counsel regarding the acquisition of restricted computer software with greater or lesser rights than those set forth in Alternate III of the clause at FAR 52.227-14, Rights in Data—General. Where it is impractical to actually modify the notice of Alternate III, such greater or lesser rights may be indicated by express reference in a separate clause in the contract or by a collateral agreement that addresses the change in the restricted rights.

    (5) The contracting officer, with the concurrence of the center patent or intellectual property counsel, is the approval authority for the use of Alternate IV in any contract other than a contract for basic or applied research to be performed solely by a college or university (but not for the management or operation of Government facilities). See the guidance at FAR 27.404-3(a)(3).

    (d) The clause at 52.227-16, Additional Data Requirements, shall be used in all solicitations and contracts involving experimental, developmental, research, or demonstration work (other than basic or applied research to be performed under a contract solely by a university or college when the contract amount will be $500,000 or less), unless after consultation between the Contracting Officer and the center patent or intellectual property counsel a determination is made otherwise.

    (h) Normally the clause at 52.227-20, Rights in Data—SBIR Program, is the only data rights clause used in SBIR contracts. However, if during the performance of an SBIR contract (Phase I, Phase II, or Phase III) the need arises for NASA to obtain delivery of limited rights data or restricted computer software as defined in the clause at FAR 52.227-20, and the contractor agrees to such delivery, the limited rights data or restricted computer software may be acquired by modification of the contract (for example, by adding the clause at FAR 52.227-14 with any appropriate Alternates and making it applicable only to the limited rights data or restricted computer software to be delivered), using the rights and related restrictions as set forth in FAR 27.404-2 as a guide.

    (m)(1) The contracting officer, shall consult with the center patent or intellectual property counsel and the installation software release authority to determine when to use the clause at 1852.227-88, Government-furnished computer software and related technical data.

    (2) The clause may be included in, or added to, the contract when it is contemplated that computer software and related technical data will be provided to the contractor as Government-furnished information for use in performing the contract.

    PART 1828—BONDS AND INSURANCE 37. The authority citation for part 1828 continues to read as follows: Authority:

    51 U.S.C. 20113(a).

    Subpart 1828.1 [Removed] 38. Remove subpart 1828.1.
    39. In section 1828.311-1, the introductory text is revised to read as follows:
    1828.311-1 Contract clause.

    The contracting officer shall insert the clause at FAR 52.228-7, Insurance—Liability to Third Persons, in solicitations and contracts, other than those for construction contracts and those for architect-engineer services, when a cost-reimbursement contract is contemplated unless—

    PART 1831—CONTRACTOR COST PRINCIPLES AND PROCEDURES 40. The authority citation for part 1831 continues to read as follows: Authority:

    51 U.S.C. 20113(a).

    1831.205-671 [Amended]
    41. Section 1831.205-671 is amended by removing the phrase “in excess of $500,000” and replacing it with “expected to exceed the threshold for requiring certified cost and pricing data as set forth in FAR 15.403-4.”
    PART 1832—CONTRACT FINANCING 42. The authority citation for part 1832 continues to read as follows: Authority:

    51 U.S.C. 20113(a).

    43. In section 1832.705-270, paragraph (a) is revised to read as follows:
    1832.705-270 NASA clauses for limitation of cost or funds.

    (a) The contracting officer shall insert the clause at 1852.232-77, Limitation of Funds (Fixed-Price Contract), in solicitations and contracts for fixed-price, incrementally-funded contracts or task orders.

    1832.1110 [Amended]
    44. In section 1832.1110, remove and reserve paragraph (a).
    PART 1834—MAJOR SYSTEM ACQUISITION 45. The authority citation continues to read as follows: Authority:

    42 U.S.C. 2473(c)(1).

    46. Amend section 1834.201 as follows: a. In paragraph (a) introductory text, remove the word “acquisitions” in the first sentence and add in its place the word “contracts”. b. In paragraph (a)(3), add the phrase “Earned Value Management” before the acronym EVM and add parentheses around EVM. c. In the first sentence of paragraph (b), remove the phrase “earned value management” and add in its place “EVM”, and remove the phrase “a schedule management system” and add in its place “an Integrated Master Schedule (IMS)”. d. In paragraph (d), add the phrase “and the applicable NASA Center EVM Focal Point (http://evm.nasa.gov/council.html)” between “office” and “in determining”. e. In paragraph (e) remove “American National Standards Institute/Electronics Industries Alliance Standard” and the parentheses around the acronym ANSI/EIA. f. Add paragraph (f).

    The addition reads as follows:

    1834.201 Policy.

    (f) As a minimum, and in accordance with NPD 7120.5, requirements initiators shall ensure that EVMS monthly reports are included as a deliverable in the acquisition package provided to the procurement office for implementation into contracts where EVMS applies. Additionally, the acquisition package shall include a Contract Performance Report (CPR), IMS and a Work Breakdown Structure (WBS) and the appropriate data requirements descriptions (DRDs) for implementation into the contract.

    1834.203-70 [Amended]
    47. Amend 1834.203-70 by removing “1834.201(a)(3)” and adding in its place “1834.201(c)” following 1834.201 in the first sentence.
    PART 1837—SERVICE CONTRACTING 48. The authority citation for part 1837 continues to read as follows: Authority:

    51 U.S.C. 20113(a).

    1837.203-70, 1837.203-71, and 1837.203-72 [Removed]
    49. Sections 1837.203-70, 1837.203-71, and 1837.203-72 are removed.
    PART 1841—ACQUISITION OF UTILITY SERVICES 50. The authority citation for this section continues to read as follows: Authority:

    42 U.S.C. 2473(c)(1).

    Subpart 1841-5 [Removed and Reserved] 51. Remove and reserve Subpart 1841.5.
    PART 1842—CONTRACT ADMINISTRATION 52. The authority citation for part 1842 continues to read as follows: Authority:

    51 U.S.C. 20113(a).

    1842.271 [Removed]
    53. Section 1842.271 is removed.
    PART 1846—QUALITY ASSURANCE 54. The authority citation continues to read as follows: Authority:

    42 U.S.C. 2473(c)(1).

    55. Add Subpart 1846.1 to read as follows: Subpart—1846.1 General Sec. 1846.102 Policy. Subpart—1846.1 General
    1846.102 Policy.

    (f) See NPR 8735.2, Section 2.1, concerning quality assurance for critical acquisition items. Generally, the quality assurance requirements set forth in the NPR for critical acquisition items are not allowed under Part 12 procedures. See FAR 12.208.

    56. Section 1846.670-1 is revised to read as follows:
    1846.670-1 General.

    This subpart contains procedures and instructions for use of the DD Form 250, Material Inspection and Receiving Report (MIRR), (DD Form 250 series equivalents, and commercial shipping/packing lists used to document Government contract quality assurance (CQA).

    57. Section 1846.670-2 is revised to read as follows:
    1846.670-2 Applicability.

    (a) This subpart applies to supplies or services acquired by or for NASA when the clause at 1852.246-72, Material Inspection and Receiving Report, is included in the contract.

    58. Section 1846.670-3 is revised to read as follows:
    1846.670-3 Use.

    (a) The DD Form 250 is a multipurpose report used for—

    (1) Providing evidence of CQA at origin or destination;

    (2) Providing evidence of acceptance at origin or destination;

    (3) Packing lists;

    (4) Receiving;

    (5) Shipping; and

    (6) Contractor invoice support.

    (b) Do not use MIRRs for shipments—

    (1) By subcontractors, unless the subcontractor is shipping directly to the Government; or,

    (2) Of contract inventory.

    (c) The contractor prepares the DD Form 250, except for entries that an authorized Government representative is required to complete. The contractor shall furnish sufficient copies of the completed form, as directed by the Government Representative.

    59. Section 1846.670-5 is revised to read as follows:
    1846.670-5 Forms.

    An electronic copy of the DD Form 250 may be downloaded from the General Services Administration's Forms Library at http://www.gsa.gov/portal/category/100000.

    60. In section 1846.672-1, paragraphs (a)(1), (b), (c), (h), (j), (k), (r)(1) introductory text, (r)(1)(i), (r)(3), and (r)(4)(ii) and (xi) are revised to read as follows:
    1846.672-1 Preparation Instructions.

    (a) * * *

    (1) Dates shall include nine spaces consisting of the four digits of the year, the first three letters of the month, and two digits for the date (e.g., 2012SEP24).

    * * *

    (b) Classified information. Do not include classified information on the MIRR. MIRRs must not be classified.

    (c) Block 1—PROCUREMENT INSTRUMENT IDENTIFICATION (CONTRACT NUMBER). Enter the ten-character, alpha-numeric procurement identifier of the contract.

    (h) Block 6—INVOICE. The contractor may enter the invoice number and actual or estimated date on all copies of the MIRR. When the date is estimated, enter an “E” after the date. Do not correct MIRRs to reflect the actual date of invoice submission.

    * * *

    (j) Block 8—ACCEPTANCE POINT. Enter an “S” for origin or “D” for destination as specified in the contract as the point of acceptance.

    (k) Block 9—PRIME CONTRACTOR. Enter the Commercial and Government Entity (CAGE) code and address.

    (r) Block 16—STOCK/PART NO./DESCRIPTION. (1) Enter, as applicable, for each item, using single spacing between each line item, the following:

    (i) The National Stock Number (NSN) or noncatalog number and, if applicable, prefix or suffix. When a number is not provided or it is necessary to supplement the number, include other identification such as the manufacturer's name or Federal Supply Code (as published in Cataloging Handbook H4-1), and part numbers. Additional part numbers may be shown in parentheses. Also enter the descriptive noun of the item nomenclature and, if provided, the Government-assigned management/material control code. In the case of equal-kind supply items, the first entry shall be the description without regard to kind (e.g., “Resistor”). Below this description, enter the contract item number in Block 15 and stock/part number followed by the size or type in Block 16.

    (3) For all contracts administered by the Defense Contract Management Agency, with the exception of fast pay procedures, enter and complete the following:

    Gross Shipping Wt._(State weight in pounds only).

    (4) * * *

    (ii) When an NSN is required by, but not cited in, a contract and has not been furnished by the Government, shipment may be made at the direction of the contracting officer. Enter the authority for the shipment.

    (xi) When test/evaluation results are a condition of acceptance and are not available before shipment, the following note shall be entered if the shipment is approved by the contracting officer: “Note: Acceptance and payment are contingent upon receipt of approved test/evaluation results.” The contracting officer will advise (A) the consignee of the results (approval/disapproval) and (B) the contractor to withhold invoicing pending attachment to its invoice of the approved test/evaluation results.

    1846-672-5 [Removed]
    61a. Section 1846.672-5 is removed.
    1846.672-6 and 1846.672-7 [Redesignated as 1846.672-5 and 1846.672-6]
    61b. Sections 1846-672-6 and 1846-672-7 are redesignated as 1846-672-5 and 1846-672-6. 62. Section 1846.674 is revised to read as follows:
    1846.674 Contract clause.

    The contracting officer shall insert the clause at 1852.246-72, Material Inspection and Receiving Report, in solicitations and contracts when there will be separate and distinct deliverables, even if the deliverables are not separately priced. The clause is not required for—

    (1) Contracts awarded using simplified acquisition procedures;

    (2) Negotiated subsistence contracts; or

    (3) Contracts for which the deliverable is a scientific or technical report. Insert number of copies and distribution instructions in paragraph (a).

    PART 1851—USE OF GOVERNMENT SOURCES BY CONTRACTORS 63. The authority citation continues to read as follows: Authority:

    42 U.S.C. 2473(c)(1).

    1851.102-70 [Removed]
    64. Remove section 1851.102-70.
    PART 1852—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 65. The authority citation for part 1852 continues to read as follows: Authority:

    51 U.S.C. 20113(a).

    1852.209-72 [Removed and Reserved]
    66. Remove and reserve section 1852.209-72.
    67. Section 1852.215.77 is amended by adding paragraphs (c), (d), and (e) to read as follows:
    1852.215-77 Preproposal/Pre-Bid Conference. PRE-PROPOSAL/PRE-BID CONFERENCE (MONTH/YEAR)

    (c) Offerors, individuals, or interested parties who plan to attend the pre-proposal/pre-bid conference must provide the Contracting Officer in writing, at a minimum, full name of the attendee(s), identification of nationality (U.S. or specify other nation citizenship), Lawful Permanent Resident Numbers in the case of foreign nationals, affiliation and full office address/phone number. Center-specific security requirements for this pre-proposal/pre-bid conference will be given to a company representative prior to the conference or will be identified in this solicitation as follows: (fill-in). Examples of specific identification information which may be required include state driver's license and social security number. Except for foreign nationals, the identification information must be provided at least (fill-in) working days in advance of the conference. This information shall be provided at least (fill-in) working days in advance of the conference for foreign nationals due to the longer badging and clearance processing time required. However, the Center reserves the right to determine foreign nationals may not be allowed on the Government site. The Government is not responsible for offerors' inability to obtain clearance within sufficient time to attend the conference. Due to space limitations, representation of any potential Offeror may not exceed (fill-in) company representatives/persons per Offeror. Any “lobbying firm or lobbyist” as defined in 2 U.S.C. 1602(9) and (10), or any Offeror represented by a lobbyist under the Lobbying Disclosure Act of 1995 shall be specifically identified.

    (d) Visitors on NASA Centers are allowed to possess and use photographic equipment (including camera cell phones) and related materials EXCEPT IN CONTROLLED AREAS. Anyone desiring to use camera equipment during the conference should contact the Contracting Officer to determine if the site(s) to be visited is a controlled area.

    (e) The Government will respond to questions regarding this procurement provided such questions have been received at least five (5) working days prior to the conference. Other questions will be answered at the conference or in writing at a later time. All questions, together with the Government's response, will be transmitted to all solicitation recipients via the government-wide point of entry (GPE). In addition, conference materials distributed at the preproposal/pre-bid conference will be made available to all potential offerors via the GPE using the NAIS Electronic Posting System.

    (End of provision)
    68. Section 1852.215-81 is amended by: a. Revising the chart in paragraph (a); b. Adding a sentence at the end of paragraph (b); and c. Revising paragraph (c).

    The revisions and addition read as follows:

    1852.215-81 Proposal Page Limitations.

    (a) * * *

    Proposal section
  • (List each volume or section)
  • Page limit
  • (Specify limit)
  • [Proposal subsection]
  • (List each subsection)
  • (e.g. Offeror's Subcontracting Plan should not exceed 20 pages)

    (b) * * * Other limitations/instructions identified as follows: (fill-in, if there are other limitations/instructions).

    (c) Identify any exclusions to the page limits that are excluded from the page counts specified in paragraph (a) of this provision (e.g. title pages, table of contents) as follows: (fill-in). In addition, the Cost section of your proposal is not page limited. However, this section is to be strictly limited to cost and price information. Information that can be construed as belonging in one of the other sections of the proposal will be so construed and counted against that section's page limitation.

    (End of provision)
    1852.216-88 [Amended]
    69. Section 1852.216-88 is amended by: a. Removing the words “hardware” and “delivered” in paragraph (a) introductory text; b. Removing the word “hardware” and the second sentence in paragraph (a)(1); c. Removing the word “hardware” in paragraph (c); d. Removing the word “hardware” in paragraph (d); e. Removing the word “hardware” in paragraph (f); and f. Adding the word “descriptor” in paragraph (g)(1) between “numbers(s)” and “and/or nomenclature”.
    1852.217-70 [Removed and Reserved]
    70. Remove and reserve section 1852.217-70.
    71. In the introductory text in section 1852.217-71, the reference 1817.7302(a) is revised to read as 1817.7002(a), and the last sentence in paragraph (e) is removed. 72a. Section 1852.219-11 is added to read as follows:
    1852.219-11 Special 8(a) Contract Conditions.

    As prescribed in 1819.811-3(a), insert the following clause in lieu of 52.219-11:

    SPECIAL 8(a) CONTRACT CONDITIONS (MONTH/YEAR)

    (a) This contract is issued as a direct award between the contracting activity and the 8(a) contractor pursuant to a Partnership Agreement between the Small Business Administration (SBA) and the National Aeronautics and Space Administration. Accordingly, the SBA is not a signatory to this contract. SBA does retain responsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and providing counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office is:

    (insert name and address of cognizant SBA office)

    (b) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract; provided, however, that the contracting activity shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with the SBA prior to processing any novation agreement. The contracting activity may assign contract administration functions to a contract administration office.

    (c) The contractor agrees to notify the Contracting Officer, simultaneous with its notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with Section 407 of Public Law 100-656, transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership and control.

    (End of clause)
    72b. Section 1852.219-18 is added to read as follows:
    1852.219-18 Notification of Competition Limited to Eligible 8(a) Concerns.

    As prescribed in 1819.811-3(d), insert the following clause:

    NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (MONTH/YEAR)

    (a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer—

    (1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

    (2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

    (b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

    (c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

    (d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

    (2) The ______[insert name of SBA's contractor] will notify the______[insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

    (End of clause)
    1852-219-74 [Removed and Reserved]
    73. Remove and reserve section 1852.219-74. 74. Section 1852.219-75 is revised to read as follows:
    1852.219-75 Individual Subcontracting Reports.

    As prescribed in 1819.708-70(b), insert the following clause:

    INDIVIDUAL SUBCONTRACTING REPORTS (MONTH/YEAR)

    When submitting Individual Subcontracting Reports in eSRS in accordance with FAR 52.219-9(l) (1), the contractor shall enter goals as a percentage of total contract value as well as a percentage of total subcontract dollars.

    (End of clause)
    1852-219-76 [Removed and Reserved]
    75. Remove and reserve section 1852.219-76.
    1852-219-77 [Amended]
    76. In section 1852.219-77, (MAY 2009) is removed and (MONTH/YEAR) is added in its place, and remove the word “certified” in the second sentence of paragraph (b)(2).
    77. Section 1852.219-79 is amended by: a. Removing the words “(MAY 2009)” are removed and adding in their place “(MONTH/YEAR)”; b. Revising in the second sentence of paragraph (a) “NASA SBIR” to read “NASA SBIR/STTR”; and c. Adding paragraph (b)(5).

    The addition reads as follows:

    1852.219-79 Mentor Requirements and Evaluation.

    (b) * * *

    (5) To what extent the mentor contributed to advancing the protégé's technical readiness level.

    78. Section 1852.223-71 is revised to read as follows:
    1852.223-71 Authorization for Radio Frequency Use.

    As prescribed in 1823.7101, insert the following clause:

    AUTHORIZATION FOR RADIO FREQUENCY USE (MONTH/YEAR)

    (a) The contractor or subcontractor shall obtain equipment authorization of use of radio frequencies required in support of this contract following the procedures in NPR 2570.1, NASA Radio Frequency (RF) Spectrum Management Manual.

    (b) For any experimental, developmental, or operational equipment for which the appropriate equipment frequency authorization has not been made, the Contractor or subcontractor shall provide the technical and operating characteristics of the proposed electromagnetic radiating device to the NASA Center Facility Spectrum Manager during the initial planning, experimental, or developmental phase of contractual performance.

    (c) This clause, including this paragraph (c), shall be included in all subcontracts that call for developing, producing, testing, or operating a device for which a radio frequency authorization is required.

    (End of clause)
    1852-223-73 [Amended]
    79. Section 1852.223-73 is amended as follows: a. Remove (NOVEMBER 2004) and add (MONTH/YEAR) in its place. b. In paragraph (a), the reference “NPR 8715.3” is revised to read “NASA General Safety Program Requirements Manual, Appendix E”. c. In Alternate, the reference “NPR 8715.3” is revised to read “NASA General Safety Program Requirements Manual, Appendix E”.
    80. Section 1852.227-11 is revised to read as follows:
    1852.227-11 Patent Rights—Ownership by the Contractor (DATE).

    As prescribed at 1827.303(b)(1), modify the clause at FAR 52.227-11 by:

    (1) Adding the following subparagraphs (5) and (6) to paragraph (c) of the basic clause;

    (2) By adding the following subparagraph (iii) to paragraph (e)(1) of the basic clause;

    (3) By using the following paragraph (j) in lieu of paragraph (j) of the basic clause; and

    (4) By using the following subparagraph (2) in lieu of subparagraph (k)(2) of the basic clause:

    (5) The Contractor may use whatever format is convenient to disclose subject inventions required in subparagraph (c)(1). NASA prefers that the contractor use either the electronic or paper version of NASA Form 1679, Disclosure of Invention and New Technology (Including Software) to disclose subject inventions. Both the electronic and paper versions of NASA Form 1679 may be accessed at the electronic New Technology Reporting Web site http://invention.nasa.gov.

    (6) In addition to the above, the Contractor shall provide the New Technology Representative identified in this contract at 1852.227-72 the following:

    (i) An interim new technology summary report every 12 months (or such longer period as the Contracting Officer may specify) from the date of the contract, listing all subject inventions required to be disclosed during the period or certifying that there were none.

    (ii) A final new technology summary report, within 3 months after completion of the contracted work, listing all subject inventions or certifying that there were none.

    (iii) Upon request, the filing date, serial number and title, a copy of the patent application, and patent number and issue date for any subject invention in any country in which the contractor has applied for patents.

    (iv) An irrevocable power to inspect and make copies of the patent application file, by the Government, when a Federal Government employee is a co-inventor.

    (End of addition)

    (iii) The Contractor shall, through employee agreements or other suitable Contractor policy, require that its employees “will assign and do hereby assign” to the Contractor all right, title, and interest in any subject invention under this Contract.

    (End of addition)

    (j) For the purposes of this clause, communications between the Contractor and the Government shall be as specified in the NASA FAR Supplement at 1852.227-72, Designation of New Technology Representative and Patent Representative.

    (End of addition)

    (2) The Contractor shall include the clause in the NASA FAR Supplement at 1852.227-70, New Technology—Other than a Small Business Firm or Nonprofit Organization, suitably modified to identify the parties, in all subcontracts, regardless of tier, for experimental, developmental, research, design, or engineering work to be performed by other than a small business firm or nonprofit organization. At all tiers, the New Technology—Other than a Small Business Firm or Nonprofit Organization clause shall be modified to identify the parties as follows: references to the Government are not changed, and in all references to the Contractor the subcontractor is substituted for the Contractor so that the subcontractor has all rights and obligations of the Contractor in the clause.

    (End of substitution)
    81. Section 1852.227-14 is revised to read as follows:
    1852.227-14 Rights In Data—General (DATE).

    As prescribed in 1827.409(b)(1), modify the clause at FAR 52.227-14 by: (1) adding the following subparagraph (iv) to paragraph (c)(1) of the basic clause; (2) by adding the following provision to the end of Alternate IV if used in lieu of paragraph (c)(1) of the basic clause; and (3) by adding subparagraph (4) to paragraph (d) of the basic clause:

    (iv) The contractor shall mark each scientific and technical article based on or containing data first produced in the performance of this contract and submitted for publication in academic, technical or professional journals, symposia proceedings or similar works with a notice, similar in all material respects to the following, on the cover or first page of the article, reflecting the Government's non-exclusive worldwide license in the copyright.

    GOVERNMENT RIGHTS NOTICE

    This work was authored by employees of [insert the name of the Contractor] under Contract No. [insert contract number] with the National Aeronautics and Space Administration. The United States Government retains and the publisher, by accepting the article for publication, acknowledges that the United States Government retains a non-exclusive, paid-up, irrevocable, worldwide license to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, or allow others to do so, for United States Government purposes. All other rights are reserved by the copyright owner.

    (End of Notice) (End of addition)

    The contractor shall mark each scientific and technical article based on or containing data first produced in the performance of this contract and submitted for publication in academic, technical or professional journals, symposia proceedings or similar works with a notice, similar in all material respects to teh following, on the cover or first page of the article, reflecting the Government's non-exclusive worldwide license in the copyright.

    GOVERNMENT RIGHTS NOTICE

    This work was authored by employees of [insert the name of the Contractor] under Contract No. [insert contract number] with the National Aeronautics and Space Administration. The United States Government retains and the publisher, by accepting the article for publication, acknowledges that the United States Government retains a non-exclusive, paid-up, irrevocable, worldwide license to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, or allow others to do so, for United States Government purposes. All other rights are reserved by the copyright owner.

    (End of Notice) (End of addition)

    (4)(i) The Contractor agrees not to assert claim to copyright, publish or release to others any computer software first produced in the performance of this contract unless the Contracting Officer authorizes through a contract modification.

    (ii) The prohibition on “release to others,” as set forth in (d)(4)(i), does not prohibit release to another Federal Agency for its use or its contractors' use, as long as any such release is consistent with any restrictive markings on the software. Any restrictive markings on the software shall take precedence over the aforementioned release. Any release to a Federal Agency shall limit use to the Federal Agency or its contractors for Government purposes only. Any other release shall require the Contracting Officer's prior written permission.

    (iii) If the Government desires to obtain copyright in computer software first produced in the performance of this contract and permission has not been granted as set forth in paragraph (d)(4)(i) of this clause, the Contracting Officer may direct the contractor to assert, or authorize the assertion of, a claim to copyright in such data and to assign, or obtain the assignment of, such copyright to the Government or its designated assignee.

    (End of addition)
    82. Section 1852.227-70 is revised to read as follows:
    1852.227-70 New Technology—Other than a Small Business Firm or Nonprofit Organization.

    As prescribed in 1827.303(d)(1), insert the following clause:

    NEW TECHNOLOGY (MONTH/YEAR)

    (a) Definitions. As used in this clause—

    “Administrator” means the Administrator of the National Aeronautics and Space Administration (NASA) or duly authorized representative.

    “Made” means—

    (1) When used in relation to any invention other than a plant variety, the conception or first actual reduction to practice of the invention; or

    (2) When used in relation to a plant variety, that the Contractor has at least tentatively determined that the variety has been reproduced with recognized characteristics.

    “Nonprofit organization” means a domestic university or other institution of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)), or any domestic nonprofit scientific or educational organization qualified under a State nonprofit organization statute.

    “Practical application” means to manufacture, in the case of a composition or product; to practice, in the case of a process or method; or to operate, in the case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are, to the extent permitted by law or Government regulations, available to the public on reasonable terms.

    “Reportable item” means any invention, discovery, improvement, or innovation of the contractor, whether or not patentable or otherwise protectable under Title 35 of the United States Code, made in the performance of any work under any NASA contract or in the performance of any work that is reimbursable under any clause in any NASA contract providing for reimbursement of costs incurred before the effective date of the contract. Reportable items include, but are not limited to, new processes, machines, manufactures, and compositions of matter, and improvements to, or new applications of, existing processes, machines, manufactures, and compositions of matter. Reportable items also include new computer programs, and improvements to, or new applications of, existing computer programs, whether or not copyrightable or otherwise protectible under Title 17 of the United States Code.

    “Small business firm” means a domestic small business concern as defined at 15 U.S.C. 632 and implementing regulations of the Administrator of the Small Business Administration. (For the purpose of this definition, the criteria and size standard adopted in the FAR Subpart 2.1 definitions for “small business concern” and for “small business subcontractor” will be used.)

    “Subject invention” means any reportable item which is or may be patentable or otherwise protectible under Title 35 of the United States Code, or any novel variety of plant that is or may be protectible under the Plant Variety Protection Act (7 U.S.C. 2321, et seq.).

    (b) Allocation of principal rights—(1) Presumption of title. (i) Any reportable item that the Administrator considers to be a subject invention shall be presumed to have been made in the manner specified in paragraph (1)(A) or (1)(B) of Section 20135(b) of the National Aeronautics and Space Act (51 U.S.C. 20135(b)) (hereinafter “the Act”), and the above presumption shall be conclusive unless at the time of reporting the reportable item in accordance with paragraph (e)(2) of this clause the Contractor submits to the Contracting Officer a written statement, containing supporting details, demonstrating that the reportable item was not made in the manner specified in the Act.

    (ii) Regardless of whether title to a given subject invention would otherwise be subject to an advance waiver or is the subject of a petition for waiver as described in paragraph (b)(3) of this clause, the Contractor may nevertheless file the statement described in paragraph (b)(1)(i) of this clause. The Administrator will review the information furnished by the Contractor in any such statement and any other available information relating to the circumstances surrounding the making of the subject invention and will notify the Contractor whether the Administrator has determined that the subject invention was made in the manner specified in paragraph (1)(A) or (1)(B) of Section 20135(b) of the Act.

    (2) Property rights in subject inventions. Each subject invention for which the presumption of paragraph (b)(1)(i) of this clause is conclusive or for which there has been a determination that it was made in the manner specified in paragraph (1)(A) or (1)(B) of Section 20135(b) of the Act shall be the exclusive property of the United States as represented by NASA unless the Administrator waives all or any part of the rights of the United States, as provided in paragraph (b)(3) of this clause.

    (3) Waiver of rights. (i) Section 20135(g) of the Act provides for the promulgation of regulations by which the Administrator may waive all or any part of the rights of the United States with respect to any invention or class of inventions made or that may be made under conditions specified in paragraph (1)(A) or (1)(B) of Section 20135(b) of the Act. The promulgated NASA Patent Waiver Regulations, 14 CFR part 1245, subpart 1, provide procedures for the Contractor to submit petitions (requests) for waiver of rights and guidance for NASA in acting on petitions for such waiver of rights.

    (ii) As provided in 14 CFR part 1245, subpart 1, the Contractor may petition, either prior to execution of the contract or within 30 days after execution of the contract, for advance waiver of rights to any invention or class of inventions that may be made under a contract. If such a petition is not submitted, or if after submission it is denied, the Contractor (or an employee inventor of the Contractor) may petition for waiver of rights to an identified subject invention within eight months of first disclosure of invention in accordance with paragraph (e)(2) of this clause, or within such longer period as may be authorized in accordance with 14 CFR 1245.105.

    (c) Minimum rights reserved by the Government.

    (1) With respect to each subject invention for which a waiver of rights has been granted, the Government reserves—

    (i) An irrevocable, nonexclusive, nontransferable, royalty-free license for the practice of such invention throughout the world by or on behalf of the United States or any foreign government in accordance with any treaty or agreement with the United States; and

    (ii) Such other rights as stated in 14 CFR 1245.107.

    (2) Nothing contained in this paragraph (c) shall be considered to grant to the Government any rights with respect to any invention other than a subject invention.

    (d) Minimum rights to the Contractor.

    (1) The Contractor is hereby granted a revocable, nonexclusive, royalty-free license in each patent application filed in any country on a subject invention in which the Government has title and in any resulting patent, unless the Contractor fails to disclose the subject invention within the times specified in paragraph (e)(2) of this clause. The Contractor's license extends to its domestic subsidiaries and affiliates, if any, within the corporate structure of which the Contractor is a party and includes the right to grant sublicenses of the same scope to the extent the Contractor was legally obligated to do so at the time the contract was awarded. The license is transferable only with the approval of the Administrator except when transferred to the successor of that part of the Contractor's business to which the invention pertains.

    (2) The Contractor's domestic license may be revoked or modified by the Administrator to the extent necessary to achieve expeditious practical application of the subject invention pursuant to an application for an exclusive license submitted in accordance with 37 CFR part 404, Licensing of Government Owned Inventions. The Contractor's license will not be revoked in that field of use or the geographical areas in which the Contractor has achieved practical application and continues to make the benefits of the invention reasonably accessible to the public. The license in any foreign country may be revoked or modified at the discretion of the Administrator to the extent the Contractor, its licensees, or its domestic subsidiaries or affiliates have failed to achieve practical application in that foreign country.

    (3) Before revoking or modifying the Contractor's license, the Contractor will be provided a written notice of the Administrator's intention to revoke or modify the license, and the Contractor will be allowed 30 days (or such other time as may be authorized by the Administrator for good cause shown) after the notice to show cause why the license should not be revoked or modified. The Contractor has the right to appeal to the Administrator any decision concerning the revocation or modification of its license.

    (e) Contractor's obligations.

    (1) The Contractor shall establish and maintain active and effective procedures to assure that reportable items are promptly identified and disclosed to Contractor personnel responsible for the administration of this New Technology—Other Than a Small Business Firm or Nonprofit Organization clause within six months of conception and/or first actual reduction to practice, whichever occurs first in the performance of work under this contract. These procedures shall include the maintenance of laboratory notebooks or equivalent records and other records as are reasonably necessary to document the conception and/or the first actual reduction to practice of the reportable items, and records that show that the procedures for identifying and disclosing reportable items are followed. Upon request, the Contractor shall furnish the Contracting Officer a description of such procedures for evaluation and for determination as to their effectiveness.

    (2) The Contractor shall disclose in writing each reportable item to the Contracting Officer within two months after the inventor discloses it in writing to Contractor personnel responsible for the administration of this New Technology—Other Than a Small Business Firm or Nonprofit Organization clause or within six months after the Contractor becomes aware that a reportable item has been made, whichever is earlier, but in any event for subject inventions before any on sale, public use, or publication of such invention known to the Contractor. The disclosure to the agency shall identify the inventor(s) or innovator(s) and this contract under which the reportable item was made. It shall be sufficiently complete in technical detail to convey a clear understanding, to the extent known at the time of the disclosure, of the nature, purpose, operation, and physical, chemical, biological, or electrical characteristics of the reportable item. The disclosure shall also identify any publication, sale or offer for sale, or public use of any subject invention and whether a manuscript describing such invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. In addition, after disclosure to the agency, the Contractor will promptly notify the agency of the acceptance of any manuscript describing a subject invention for publication or of any sale, offer for sale, or public use planned by the Contractor for such invention.

    (3) The Contractor may use whatever format is convenient to disclose reportable items required in subparagraph (e)(2). NASA prefers that the Contractor use either the electronic or paper version of NASA Form 1679, Disclosure of Invention and New Technology (including computer software) to disclose reportable items. Both the electronic and paper versions of NASA Form 1679 may be accessed at the electronic New Technology Reporting Web site http://invention.nasa.gov.

    (4) The Contractor shall furnish the Contracting Officer the following:

    (i) Interim new technology summary reports every 12 months (or such longer period as may be specified by the Contracting Officer) from the date of the contract, listing reportable items during that period, and certifying that all reportable items have been disclosed (or that there are no such inventions).

    (ii) A final new technology summary report, within 3 months after completion of the contracted work, listing all reportable items or certifying that there were no such reportable items, and listing all subcontracts at any tier containing a patent rights clause or certifying that there were no such subcontracts.

    (5) The Contractor agrees, upon written request of the Contracting Officer, to furnish additional technical and other information available to the Contractor as is necessary for the preparation of a patent application on a subject invention and for the prosecution of the patent application, and to execute all papers necessary to file patent applications on subject inventions and to establish the Government's rights in the subject inventions.

    (6) The Contractor agrees, subject to paragraph 27.302(j) of the Federal Acquisition Regulation (FAR), that the Government may duplicate and disclose subject invention disclosures and all other reports and papers furnished or required to be furnished pursuant to this clause.

    (f) Examination of records relating to inventions.

    (1) The Contracting Officer or any authorized representative shall, until 3 years after final payment under this contract, have the right to examine any books (including laboratory notebooks), records, and documents of the Contractor relating to the conception or first actual reduction to practice of inventions in the same field of technology as the work under this contract to determine whether—

    (i) Any such inventions are subject inventions;

    (ii) The Contractor has established and maintained the procedures required by paragraph (e)(1) of this clause; and

    (iii) The Contractor and its inventors have complied with the procedures.

    (2) If the Contracting Officer learns of an unreported Contractor invention that the Contracting Officer believes may be a subject invention, the Contracting Officer may require the Contractor to disclose the invention to the agency for a determination of ownership rights.

    (3) Any examination of records under this paragraph will be subject to appropriate conditions to protect the confidentiality of the information involved.

    (g) Withholding of payment (this paragraph does not apply to subcontracts).

    (1) Any time before final payment under this contract, the Contracting Officer may, in the Government's interest, withhold payment until a reserve not exceeding $50,000 or 5 percent of the amount of this contract, whichever is less, shall have been set aside if, in the Contracting Officer's opinion, the Contractor fails to—

    (i) Establish, maintain, and follow effective procedures for identifying and disclosing reportable items pursuant to paragraph (e)(1) of this clause;

    (ii) Disclose any reportable items pursuant to paragraph (e)(2) of this clause;

    (iii) Deliver acceptable interim new technology summary reports pursuant to paragraph (e)(4)(i) of this clause or a final new technology summary report pursuant to paragraph (e)(4) (ii) of this clause; or

    (iv) Provide the information regarding subcontracts pursuant to paragraph (h)(4) of this clause.

    (2) Such reserve or balance shall be withheld until the Contracting Officer has determined that the Contractor has rectified whatever deficiencies exist and has delivered all reports, disclosures, and other information required by this clause.

    (3) Final payment under this contract shall not be made before the Contractor delivers to the Contracting Officer all disclosures of reportable items required by paragraph (e)(2) of this clause, and an acceptable final new technology summary report pursuant to paragraph (e)(4)(ii) of this clause.

    (4) The Contracting Officer may decrease or increase the sums withheld up to the maximum authorized above. No amount shall be withheld under this paragraph while the amount specified by this paragraph is being withheld under other provisions of the contract. The withholding of any amount or the subsequent payment thereof shall not be construed as a waiver of any Government rights.

    (h) Subcontracts.

    (1) Unless otherwise authorized or directed by the Contracting Officer, the Contractor shall—

    (i) Include this clause (suitably modified to identify the parties) in any subcontract hereunder (regardless of tier) with other than a small business firm or nonprofit organization for the performance of experimental, developmental, or research work; or

    (ii) Include the clause at FAR 52.227-11, as modified by 1852.227-11, (suitably modified to identify the parties) in any subcontract hereunder (regardless of tier) with a small business firm or nonprofit organization for the performance of experimental, developmental, or research work; and

    (iii) Modify the applicable clause in any subcontract hereunder (regardless of tier) to identify the parties as follows: references to the Government are not changed, and in all references to the Contractor, the subcontractor is substituted for the Contractor so that the subcontractor has all rights and obligations of the Contractor in the clause.

    (2) In the event of a refusal by a prospective subcontractor to accept such a clause the Contractor—

    (i) Shall promptly submit a written notice to the Contracting Officer setting forth the subcontractor's reasons for such refusal and other pertinent information that may expedite disposition of the matter; and

    (ii) Shall not proceed with such subcontract without the written authorization of the Contracting Officer.

    (3) In the case of subcontracts at any tier, the agency, subcontractor, and Contractor agree that the mutual obligations of the parties created by this clause constitute a contract between the subcontractor and NASA with respect to those matters covered by this clause.

    (4) The Contractor shall promptly notify the Contracting Officer in writing upon the award of any subcontract hereunder (regardless of tier) by identifying the subcontractor, the applicable patent rights clause in the subcontract, the work to be performed under the subcontract, and the dates of award and estimated completion. Upon request of the Contracting Officer, the Contractor shall furnish a copy of such subcontract, and, no more frequently than annually, a listing of the subcontracts that have been awarded.

    (5) The subcontractor will retain all rights provided for the Contractor in the clause of paragraph (h)(1)(i) or (ii) of this clause, whichever is included in the subcontract, and the Contractor will not, as part of the consideration for awarding the subcontract, obtain rights in the subcontractor's subject inventions.

    (i) Preference for United States industry. Unless provided otherwise, no Contractor that receives title to any subject invention and no assignee of any such Contractor shall grant to any person the exclusive right to use or sell any subject invention in the United States unless such person agrees that any products embodying the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement may be waived by the Administrator upon a showing by the Contractor or assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible.

    (End of clause)
    83. Section 1852.227-71 is revised to read as follows:
    1852.227-71 Requests for Waiver of Rights to Inventions.

    As prescribed in 1827.303(d)(2), insert the following provision in all solicitations that include the clause at 1852.227-70, New Technology—Other than a Small Business Firm or Nonprofit Organization:

    REQUESTS FOR WAIVER OF RIGHTS TO INVENTIONS (MONTH/YEAR)

    (a) In accordance with Section 20135(g) of the National Aeronautics and Space Act (51 U.S.C. 20135(g)) (hereinafter “the Act”) and the NASA Patent Waiver Regulations, 14 CFR part 1245, subpart 1, NASA may waive all or any part of the rights of the United States with respect to any invention or class of inventions made or that may be made under a NASA contract or subcontract with other than a small business firm or a domestic nonprofit organization if the Administrator determines that the interests of the United States will be served thereby. Waiver of rights in inventions made or that may be made under such NASA contract or subcontract may be requested at different time periods. Advance waiver of rights to any invention or class of inventions that may be made under a contract or subcontract may be requested prior to the execution of the contract or subcontract, or within 30 days after execution by the selected contractor (or such longer period as may be specified by the Contracting Officer). In addition, waiver of rights to an individually identified invention or to a class of inventions made and reported under a contract or subcontract may be requested, even though a request for an advance waiver was not made or, if made, was not granted.

    (b) Each request for waiver of rights shall be by petition to the Administrator. No specific forms need be used, but the request should contain a positive statement that waiver of rights is being requested under the NASA Patent Waiver Regulations; a clear indication of whether the request is for an advance waiver or for a waiver of rights for an individually identified invention or class of inventions; whether foreign rights are also requested and, if so, the countries, and a citation of the specific section or sections of the regulations under which such rights are requested. For individually identified inventions or a class of inventions, the petition shall identify each invention with particularity (e.g., by NASA's assigned number to the Disclosure of Invention and New Technology report or by title and inventorship). For advance waivers, the petition shall identify the invention or class of inventions that the Contractor believes will be made under the contract and for which waiver is being requested. To meet the statutory standard of “any invention or class of inventions,” the petition must be directed to a single invention or to inventions directed to a particular process, machine, manufacture, or composition of matter, or to a narrowly-drawn, focused area of technology. Additionally, each petition shall include an identification of the petitioner; place of business and address; if petitioner is represented by counsel, the name, address and telephone number of the counsel; the name, address, and telephone number of the party with whom to communicate when the request is acted upon; the signature of the petitioner or authorized representative; and the date of signature. In general, waivers are granted in order to provide for the widest practicable dissemination of new technology resulting from NASA programs, and to promote early utilization, expeditious development, and continued availability of this new technology for commercial purposes and the public benefit. Thus, it is preferable that the petition also include a description of the Contractor's plan for commercializing the invention or class of inventions for which waiver is being requested (e.g., identify specific fields of use).

    (c) Petitions for advance waiver of rights should, preferably, be included with the proposal, or at least in advance of contract negotiations. Petitions for advance waiver, prior to contract execution, shall be submitted to the Contracting Officer. All other petitions shall be submitted to the Patent Representative designated in the contract.

    (d) Petitions submitted with proposals selected for negotiation of a contract will be forwarded by the Contracting Officer to the installation Patent Counsel for processing and then to the Inventions and Contributions Board. The Board will consider these petitions and where the Board makes the findings to support the waiver, the Board will recommend to the Administrator that waiver be granted, and will notify the petitioner and the Contracting Officer of the Administrator's determination. The Contracting Officer will be informed by the Board whenever there is insufficient time or information or other reasons to permit a decision to be made without unduly delaying the execution of the contract. In the latter event, the petitioner will be so notified by the Contracting Officer. All other petitions will be processed by installation Patent Counsel and forwarded to the Board. The Board shall notify the petitioner of its action and if waiver is granted, the conditions, reservations, and obligations thereof will be included in the Instrument of Waiver. Whenever the Board notifies a petitioner of a recommendation adverse to, or different from, the waiver requested, the petitioner may request reconsideration under procedures set forth in the Regulations.

    (End of provision)
    84. Section 1852.227-72 is revised to read as follows:
    1852.227-72 Designation of New Technology Representative and Patent Representative.

    As prescribed in 1827.303(d)(3), insert the following clause:

    DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND PATENT REPRESENTATIVE (MONTH/YEAR)

    (a) For purposes of administration of the clause of this contract entitled “New Technology—Other than a Small Business Firm or Nonprofit Organization” or “Patent Rights—Ownership by the Contractor,” whichever is included, the installation New Technology and Patent Representatives identified at http://prod.nais.nasa.gov/portals/pl/new_tech_pocs.html are hereby designated by the Contracting Officer to administer such clause for the appropriate installation:

    (b) Disclosures of reportable items and of subject inventions, interim new technology summary reports, final new technology summary reports, utilization reports, and other reports required by the applicable “New Technology” or “Patent Rights—Ownership by the Contractor” clause, as well as any correspondence with respect to such matters, shall be directed to the New Technology Representative unless transmitted in response to correspondence or request from the Patent Representative. Inquiries or requests regarding disposition of rights, election of rights, or related matters shall be directed to the Patent Representative. This clause shall be included in any subcontract hereunder requiring a “New Technology—Other than a Small Business Firm or Nonprofit Organization” clause or “Patent Rights—Ownership by the Contractor” clause, unless otherwise authorized or directed by the Contracting Officer. The respective responsibilities and authorities of the aforementioned representatives are set forth in 1827.305-270 of the NASA FAR Supplement.

    (End of clause) 85. Section 1852.227-84 is revised to read as follows:
    1852.227-84 Patent Rights Clauses.

    As prescribed in 1827.303(a)(1), the contracting officer shall insert the following provision in solicitations for experimental, developmental, or research work to be performed in the United States when the eventual awardee may be a small business or a nonprofit organization:

    PATENT RIGHTS CLAUSES (MONTH/YEAR)

    This solicitation contains the patent rights clauses of FAR 52.227-11 (as modified by the NFS) and NFS 1852.227-70. If the contract resulting from this solicitation is awarded to a small business or nonprofit organization, the clause at NFS 1852.227-70 shall not apply. If the award is to other than a small business or nonprofit organization, the clause at FAR 52.227-11 shall not apply.

    (End of Provision)
    86. Section 1852.227-85 is revised to read as follows:
    1852.227-85 Invention Reporting and Rights—Foreign.

    As prescribed in 1827.303(e)(1), insert the following clause:

    INVENTION REPORTING AND RIGHTS—FOREIGN (MONTH/YEAR)

    (a) As used in this clause, the term “invention” means any invention, discovery or improvement, and “made” means the conception or first actual demonstration that the invention is useful and operable.

    (b) The Contractor shall report promptly to the Contracting Officer each invention made in the performance of work under this contract. The report of each such invention shall:

    (1) Identify the inventor(s) by full name; and

    (2) Include such full and complete technical information concerning the invention as is necessary to enable an understanding of the nature and operation thereof.

    (c) The Contractor hereby grants to the Government of the United States of America as represented by the Administrator of the National Aeronautics and Space Administration the full right, title and interest in and to each such invention throughout the world, except for the foreign country in which this contract is to be performed. As to such foreign country, Contractor hereby grants to the Government of the United States of America as represented by the Administrator of the National Aeronautics and Space Administration an irrevocable, nontransferable, nonexclusive, royalty-free license to practice each such invention by or on behalf of the United States of America or any foreign government pursuant to any treaty or agreement with the United States of America, provided that Contractor within a reasonable time files a patent application in that foreign country for each such invention. Where Contractor does not elect to file such patent application for any such invention in that foreign country, full right, title and interest in and to such invention in that foreign country shall reside in the Government of the United States of America as represented by the Administrator of the National Aeronautics and Space Administration.

    (d) The Contractor agrees to execute or to secure the execution of such legal instruments as may be necessary to confirm and to protect the rights granted by paragraph (c) of this clause, including papers incident to the filing and prosecution of patent applications.

    (e) Upon completion of the contract work, and prior to final payment, Contractor shall submit to the Contracting Officer a final report listing all inventions required to be reported under this contract or certifying that no such inventions have been made.

    (f) In each subcontract, the Contractor awards under this contract where the performance of research, experimental design, engineering, or developmental work is contemplated, the Contractor shall include this clause (suitably modified to substitute the subcontractor in place of the Contractor) and the name and address of the Contracting Officer.

    (End of Clause)
    87. Section 1852.227-86 is revised to added to read as follows:
    1852.227-86 Commercial Computer Software License.

    As prescribed in 1827.409(g), insert the following clause:

    COMMERCIAL COMPUTER SOFTWARE LICENSE (MONTH/YEAR)

    (a) Any delivered commercial computer software (including documentation thereof) developed at private expense and claimed as proprietary shall be subject to the restricted rights in paragraph (d) of this clause. Where the vendor/contractor proposes its standard commercial software license, those applicable portions thereof consistent with Federal laws, standard industry practices, the Federal Acquisition Regulations (FAR) and the NASA FAR Supplement, including the restricted rights in paragraph (d) of this clause, are incorporated into and made a part of this purchase order/contract. Those portions of the vendor's/contractor's standard commercial license or lease agreement that conflict with Federal law (e.g., indemnity provisions or choice of law provisions that specify other than Federal law) are not incorporated into and made a part of this purchase order/contract and do not apply to any computer software delivered under this purchase order/contract.

    (b) If the vendor/contractor does not propose its standard commercial software license until after this purchase order/contract has been issued, or until at or after the time the computer software is delivered, such license shall nevertheless be deemed incorporated into and made a part of this purchase order/contract under the same terms and conditions as in paragraph (a) of this clause. For purposes of receiving updates, correction notices, consultation, and similar activities on the computer software, no document associated with the aforementioned activities shall alter the terms of this clause unless such document explicitly references this clause and an intent to amend this clause and is signed by the NASA Contracting Officer.

    (c) The vendor's/contractor's acceptance is expressly limited to the terms and conditions of this purchase order/contract. If the specified computer software is shipped or delivered to NASA, it shall be understood that the vendor/contractor has unconditionally accepted the terms and conditions set forth in this clause, and that such terms and conditions (including the incorporated license) constitute the entire agreement between the parties concerning rights in the computer software.

    (d) The following restricted rights shall apply:

    (1) The commercial computer software may not be used, reproduced, or disclosed by the Government, or Government contractors or their subcontractors at any tier, except as provided below or otherwise expressly stated in the purchase order/contract.

    (2) The commercial computer software may be—

    (i) Used, or copied for use, in or with any computer owned or leased by, or on behalf of, the Government; provided, the software is not used, nor copied for use, in or with more than one computer simultaneously, unless otherwise permitted by the license incorporated under paragraphs (a) or (b) of this clause;

    (ii) Reproduced for safekeeping (archives) or backup purposes;

    (iii) Modified, adapted, or combined with other computer software, provided that the modified, combined, or adapted portions of the derivative software incorporating restricted computer software shall be subject to the same restricted rights; and

    (iv) Disclosed and reproduced for use by Government contractors or their subcontractors in accordance with the restricted rights in paragraphs (d)(2)(i), (ii), and (iii) of this clause; provided they have the Government's permission to use the computer software and have also agreed to protect the computer software from unauthorized use and disclosure.

    (3) If the incorporated vendor's/contractor's software license contains provisions or rights that are less restrictive than the restricted rights in paragraph (d)(2) of this clause, then the less restrictive provisions or rights shall prevail.

    (4) If the computer software is otherwise available without disclosure restrictions, it is licensed to the Government, without disclosure restrictions, with the rights in paragraphs (d)(2) and (3) of this clause.

    (5) The Contractor shall affix a notice substantially as follows to any commercial computer software delivered under this contract:

    Notice—Notwithstanding any other lease or license agreement that may pertain to, or accompany the delivery of, this computer software, the rights of the Government regarding its use, reproduction and disclosure are set forth in Government Contract No. ______.

    (End of clause)
    88. Section 1852.227-88 is added to read as follows:
    1852.227-88 Government-furnished computer software and related technical data.

    As prescribed in 1827.409(m), insert the following clause:

    (a) Definitions. As used in this clause—

    Government-furnished computer software” or “GFCS” means computer software:

    (1) In the possession of, or directly acquired by, the Government whereby the Government has title or license rights thereto; and

    (2) Subsequently furnished to the Contractor for performance of a Government contract.

    Computer software,”data” and “technical data” have the meaning provided in the Federal Acquisition Regulations (FAR) Subpart 2.1—Definitions or the Rights in Data—General clause (FAR 52.227-14).

    (b) The Government shall furnish to the Contractor the GFCS described in this contract or in writing by the Contracting Officer. The Government shall furnish any related technical data needed for the intended use of the GFCS.

    (c) Use of GFCS and related technical data. The Contractor shall use the GFCS and related technical data, and any modified or enhanced versions thereof, only for performing work under this contract unless otherwise provided for in this contract or approved in writing by the Contracting Officer.

    (1) The Contractor shall not, without the express written permission of the Contracting Officer, reproduce, distribute copies, prepare derivative works, perform publicly, display publicly, release, or disclose the GFCS or related technical data to any person except for the performance of work under this contract.

    (2) The Contractor shall not modify or enhance the GFCS unless this contract specifically identifies the modifications and enhancements as work to be performed. If the GFCS is modified or enhanced pursuant to this contract, the Contractor shall provide to the Government the complete source code, if any, and all related documentation of the modified or enhanced GFCS.

    (3) Allocation of rights associated with any GFCS or related technical data modified or enhanced under this contract shall be defined by the FAR Rights in Data clause(s) included in this contract (as modified by any applicable NASA FAR Supplement clauses). If no Rights in Data clause is included in this contract, then the FAR Rights in Data—General (52.227-14) as modified by the NASA FAR Supplement (1852.227-14) shall apply to all data first produced in the performance of this contract and all data delivered under this contract.

    (4) The Contractor may provide the GFCS, and any modified or enhanced versions thereof, to subcontractors as necessary for the performance of work under this contract. Before release of the GFCS, and any modified or enhanced versions thereof, to such subcontractors (at any tier), the Contractor shall insert, or require the insertion of, this clause, including this paragraph (c)(4), suitably modified to identify the parties as follows: references to the Government are not changed, and in all references to the Contractor the subcontractor is substituted for the Contractor so that the subcontractor has all rights and obligations of the Contractor in the clause.

    (d) The Government provides the GFCS in an “AS-IS” condition. The Government makes no warranty with respect to the serviceability and/or suitability of the GFCS for contract performance.

    (e) The Contracting Officer may by written notice, at any time—

    (1) Increase or decrease the amount of GFCS under this contract;

    (2) Substitute other GFCS for the GFCS previously furnished, to be furnished, or to be acquired by the Contractor for the Government under this contract;

    (3) Withdraw authority to use the GFCS or related technical data; or

    (4) Instruct the Contractor to return or dispose of the GFCS and related technical data.

    (f) Title to or license rights in GFCS. The Government shall retain title to or license rights in all GFCS. Title to or license rights in GFCS shall not be affected by its incorporation into or attachment to any data not owned by or licensed to the Government.

    (g) Waiver of Claims and Indemnification. The Contractor agrees to waive any and all claims against the Government and shall indemnify and hold harmless the Government, its agents, and employees from every claim or liability, including attorney's fees, court costs, and expenses, arising out of, or in any way related to, the misuse or unauthorized modification, reproduction, release, performance, display, or disclosure of the GFCS and related technical data by the Contractor, a subcontractor, or by any person to whom the Contractor has released or disclosed such GFCS or related technical data.

    (h) Flow-down of Waiver of Claims and Indemnification. In the event a contract includes this NASA FAR Supplement clause 1852.227-88, the Contractor shall include the foregoing clause 1852.227-88(g), suitably modified to identify the parties, in all subcontracts, regardless of tier, which involve use of the GFCS and/or related technical data in any way. At all tiers, the clause shall be modified to define GFCS as it is defined herein and to identify the parties as follows: references to the Government are not changed, and in all references to the Contractor the subcontractor is substituted for the Contractor so that the subcontractor has all rights and obligations of the Contractor in the clause. In subcontracts, at any tier, the Government, the subcontractor, and the Contractor agree that the mutual obligations of the parties created by this clause 1852.227-88 constitute a contract between the subcontractor and the Government with respect to the matters covered by the clause.

    (End of clause)
    1852.228-73 [Removed]
    89. Section 1852.228-73 is removed. 90. In section 1852.231-71, paragraph (d) is revised to read as follows:
    1852.231-71 Determination of Compensation Reasonableness. DETERMINATION OF COMPENSATION REASONABLENESS (MONTH/YEAR)

    (d) The offeror shall require all service subcontractors provide, as part of their proposal, the information identified in (a) through (c) of this provision for cost reimbursement or non-competitive fixed-price type subcontracts having a total potential value expected to exceed the threshold for requiring certified cost or pricing data as set forth in FAR 15.403-4.

    (End of provision)
    91. In section 1852.232-70, paragraphs (a)(2) and (c)(3) are revised to read as follows:
    1852.232-70 NASA Modification of FAR 52.232-12. NASA Modification of FAR 52.232-12 (Month/Year)

    (a) * * *

    (2) In paragraph (m)(1), delete “in the form prescribed by the administering office” and substitute “and Standard Form 425, Federal Financial Report.”

    (c) * * *

    (3) In paragraph (j)(1), insert between “statements,” and “and” “together with Standard Form 425, Federal Financial Report”.

    92. Section 1852.234-1 is amended as follows: a. Paragraph (a) is amended by adding the phrase “(current version at time of solicitation)” after the word “Systems” at the end of the paragraph. b. Paragraph (b)(1)(iii) and paragraph (b)(1)(vii) are revised.

    The revisions read as follows:

    1852.234-1 Notice of Earned Value Management System.

    (b) * * *

    (1) * * *

    (iii) Provide a matrix that correlates each guideline in ANSI/EIA 748 (current version at time of solicitation) to the corresponding process in the offeror's written management procedures;

    (vii) If the value of the offeror's proposal, including options, is $50 million or more, provide a schedule of events leading up to formal validation and Government acceptance of the Contractor's EVMS. Guidance can be found in the] Department of Defense Earned Value Management Implementation Guide (https://acc.dau.mil/CommunityBrowser.aspx?id=19557) as well as in the National Defense Industrial Association (NDIA) Earned Value Management Systems Acceptance Guide (http://www.ndia.org/divisions/divisions/procurement/pages/programsystemcommittee.aspx).

    93. Section 1852.234-2 is amended as follows: a. Paragraph (a)(2) is revised. b. The first sentence in paragraph (b) is amended by removing the phrase “cost/schedule control system” and adding “EVMS” in its place; c. Paragraph (c) is amended by adding a sentence at the end of the paragraph.

    The revision and addition read as follows:

    1852.234-2 Earned Value Management System.

    (a) * * *

    (2) Earned Value Management (EVM) procedures that provide for generation of timely, accurate, reliable, and traceable information for the Contract Performance Report (CPR) and the Integrated Master Schedule (IMS) required by the data requirements descriptions in the contract.

    (c) * * * See the NASA IBR Handbook (http://evm.nasa.gov/handbooks.html) for guidance.

    1852.237-72 and 1852.237-73 [Removed and Reserved]
    94. Sections 1852.237-72 and 1852.237-73 are removed.
    1852.241-70 [Removed and Reserved]
    95. Remove and reserve section 1852.241-70.
    1852.242-70 [Amended]
    96. Section 1852.242-70 is removed 97. In section 1852.246-72, paragraph (a) is revised to read as follows:
    1852.246-72 Material Inspection and Receiving Report.

    (a) At the time of each delivery to the Government under this contract, the Contractor shall prepare and furnish a Material Inspection and Receiving Report (DD Form 250 series). The form(s) shall be prepared and distributed as follows:

    (Insert number of copies and distribution instructions.)
    (End of clause)
    1852.249-72 [Removed]
    98. Section 1852.249-72 is removed.
    [FR Doc. 2015-04228 Filed 3-11-15; 8:45 am] BILLING CODE 7510-13-P
    80 48 Thursday, March 12, 2015 Proposed Rules DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2014-0041] RIN 0579-AE01 Importation of Orchids in Growing Media From Taiwan AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Proposed rule; reopening of comment period.

    SUMMARY:

    We are reopening the comment period for our proposed rule that would amend the regulations governing the importation of plants and plant products to add orchid plants of the genus Oncidium from Taiwan to the list of plants that may be imported into the United States in an approved growing medium, subject to specified growing, inspection, and certification requirements. This action will allow interested persons additional time to prepare and submit comments.

    DATES:

    The comment period for the proposed rule published on December 3, 2014 (79 FR 71703-71705) is reopened. We will consider all comments that we receive on or before March 18, 2015.

    ADDRESSES:

    You may submit comments by either of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0041.

    Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2014-0041, 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-2014-0041 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:

    Ms. Heather Coady, Regulatory Policy Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737; (301) 851-2076.

    SUPPLEMENTARY INFORMATION:

    On December 3, 2014, we published in the Federal Register (79 FR 71703-71705, Docket No. APHIS-2014-0041) a proposal to amend the regulations in 7 CFR 319.37-8(e) by adding Oncidium spp. from Taiwan to the list of plants established in an approved growing medium that may be imported into the United States.

    Comments on the proposed rule were required to be received on or before February 2, 2015. We are reopening the comment period on Docket No. APHIS-2014-0041 for an additional 45 days. We will also accept all comments received between February 3, 2015 (the day after the close of the original comment period) and the date of this notice. This action will allow interested persons additional time to prepare and submit comments.

    Authority:

    7 U.S.C. 450, 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 6th day of March 2015. Kevin Shea Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2015-05659 Filed 3-11-15; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0247; Directorate Identifier 2014-NM-178-AD] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 777-200 and -300 series airplanes equipped with Rolls-Royce Trent 800 series engines. This proposed AD was prompted by a report of multiple cases of heat damage to the strut aft fairing heat shield primary seal, as well as heat and wear damage to the heat shield insulation blankets. This proposed AD would require repetitive inspections for heat damage to the strut aft fairing lower spar web structure (a flammable fluid zone barrier and fire wall) and heat shield primary seal, and heat and wear damage to heat shield insulation blankets; and related investigative and corrective actions if necessary. This proposed AD would also provide optional terminating action for the repetitive inspections. We are proposing this AD to detect and correct heat damage to the strut aft fairing lower spar web structure and heat shield primary seal, as well as heat and wear damage to the heat shield insulation blankets, which could lead to through-cracks in the aft fairing web structure and heating of the aft fairing web structure, and consequent uncontrolled fire in the aft fairing, fuel tank ignition or possible departure of the engine, and subsequent loss of the airplane.

    DATES:

    We must receive comments on this proposed AD by April 27, 2015.

    ADDRESSES:

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

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

    Fax: 202-493-2251.

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

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

    For service information identified in this proposed AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at https://www.regulations.gov by searching and locating Docket No. FAA-2015-0247.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0247; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Kevin Nguyen, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6501; fax: 425-917-6590; email: [email protected]

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-0247; Directorate Identifier 2014-NM-178-AD at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments.

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

    Discussion

    We have received a report of multiple cases of heat damage to the strut aft fairing heat shield primary seals, as well as heat and wear damage to the heat shield insulation blankets. Improper design of the strut aft fairing #1 heat shield (a titanium pan casting) and #1 heat shield insulation blanket allows hot turbulent gas from the exhaust nozzle to wear and cause degradation of the front face of the #1 insulation blankets and flow into the heat shield cavity, the space or cavity between the heat shields and insulation blankets, and the strut aft fairing lower spar web structure. Continuous exposure to hot turbulent gas further damages the primary seal and #1 insulation blanket, increases the temperature in the heat shield cavity, and can damage all insulation blankets and lower web structure.

    The insulation blankets are attached underneath the lower spar web structure and are intended to protect the web from hot exhaust gas. The insulation blankets were not originally designed to withstand additional hot gas exposure, and consequently are unable to adequately protect the lower web structure. The strut aft fairing lower spar web structure is made of aluminum and designed to be a flammable fluid zone barrier and firewall, as part of the aft fairing fire protection system.

    Insufficient thermal protection and continuous exposure to hot gases and elevated temperatures can degrade the lower spar web structure material property. The heat-damaged web structures could become annealed and cracked from fatigue, compromising the firewall and allowing flammable fluids to leak onto the high-temperature heat shield, initiate a fire, and cause an uncontained fire in the aft fairing, potentially leading to fire in the wing tank. An uncontained fire in the aft fairing can weaken the diagonal brace and lower wing skin, which are primary structural elements that carry and support engine loads. This condition, if not corrected, could result in through-cracks in the aft fairing web structure and heating of the aft fairing web structure, and consequent uncontrolled fire in the aft fairing, fuel tank ignition or possible departure of the engine.

    Related Service Information Under 1 CFR Part 51

    We reviewed the following service information:

    • Boeing Service Bulletin 777-54A0031, Revision 1, dated May 9, 2014.

    • Boeing Service Bulletin 777-54-0030, dated May 27, 2014.

    The service information describes procedures for repetitive inspections for heat damage to the strut aft fairing lower spar web structure (a flammable fluid zone barrier and fire wall) and heat shield primary seal, and heat and wear damage to heat shield insulation blankets; and related investigative and corrective actions. For information on the procedures and compliance times, see this service information. This service information is reasonably available; see ADDRESSES for ways to access this service information.

    FAA's Determination

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

    Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified in the service information described previously.

    The phrase “related investigative actions” is used in this proposed AD. “Related investigative actions” are follow-on actions that (1) are related to the primary actions, and (2) further investigate the nature of any condition found. Related investigative actions in an AD could include, for example, inspections.

    The phrase “corrective actions” is used in this proposed AD. “Corrective actions” are actions that correct or address any condition found. Corrective actions in an AD could include, for example, repairs.

    Costs of Compliance

    We estimate that this proposed AD affects 57 airplanes of U.S. registry.

    We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    Inspections 40 work-hours × $85 per hour = $3,400 per inspection cycle $0 $3,400 per inspection cycle $193,800 per inspection cycle.

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

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Heat shield primary seal replacement 10 work-hours × $85 per hour = $850 $1,940 $2,790 Cracked or damaged parts replacement 110 work-hours × $85 per hour = $9,350 52,992 62,342

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

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): The Boeing Company: Docket No. FAA-2015-0247; Directorate Identifier 2014-NM-178-AD. (a) Comments Due Date

    We must receive comments by April 27, 2015.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to The Boeing Company Model 777-200 and -300 series airplanes equipped with Rolls-Royce Trent 800 series engines, certificated in any category, as identified in Boeing Service Bulletin 777-54A0031, Revision 1, dated May 9, 2014.

    (d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/Pylons.

    (e) Unsafe Condition

    This AD was prompted by reports of heat damage to the strut aft fairing heat shield primary seal, as well as heat and wear damage to the heat shield insulation blankets. We are issuing this AD to detect and correct heat damage to the strut aft fairing lower spar web structure (a flammable fluid zone barrier and fire wall) and heat shield primary seal, as well as heat and wear damage to the heat shield insulation blankets, which could lead to through-cracks in the aft fairing web structure and heating of the aft fairing web structure, and consequent uncontrolled fire in the aft fairing, fuel tank ignition or possible departure of the engine.

    (f) Compliance

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

    (g) Repetitive Inspections

    At the applicable time specified in paragraph 1.E., “Compliance,” of Boeing Service Bulletin 777-54A0031, Revision 1, dated May 9, 2014, except as required by paragraph (i) of this AD: Do the inspections specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD, and do all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 777-54A0031, Revision 1, dated May 9, 2014. Do all applicable related investigative and corrective actions before further flight. Repeat the inspections specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD at the applicable time specified in paragraph 1.E., “Compliance,” of Boeing Service Bulletin 777-54A0031, Revision 1, dated May 9, 2014.

    (1) Do a detailed inspection for cracks and heat damage of the aft fairing lower spar upper surface.

    (2) Do a conductivity inspection for heat damage of the aft fairing lower spar upper surface.

    (3) Do a detailed inspection for wear of the heat shield primary seal.

    (h) Optional Terminating Action

    The concurrent accomplishment of the actions specified in paragraphs (h)(1) and (h)(2) of this AD terminates the requirements of paragraph (g) of this AD.

    (1) Replacement of all heat shield insulation blankets (rub strips, heat shield pan casting, Velcro strips, aft fairing web drain sump, drain screen, and drain tubes, as applicable) in accordance with the Accomplishment Instructions of Boeing Service Bulletin 777-54-0030, dated May 27, 2014.

    (2) A one-time detailed inspection for cracks and heat damage of the aft fairing lower spar upper surface, conductivity inspection for heat damage of the aft fairing lower spar upper surface, and detailed inspection for wear of heat shield primary seal, and all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 777-54A0031, Revision 1, dated May 9, 2014, provided all applicable related investigative and corrective actions are done before further flight.

    (i) Exception to Service Information Specifications

    Where Boeing Service Bulletin 777-54A0031, Revision 1, dated May 9, 2014, specifies a compliance time “After the Original Issue Date of this Service Bulletin,” this AD requires compliance within the specified compliance time after the effective date of this AD.

    (j) Credit for Previous Actions

    This paragraph provides credit for the actions specified in paragraphs (g)(1), (g)(2), (g)(3) and (h)(2) of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Service Bulletin 777-54A0031, dated June 7, 2013.

    (k) Alternative Methods of Compliance (AMOCs)

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

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

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

    (l) Related Information

    (1) For more information about this AD, contact Kevin Nguyen, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6501; fax: 425-917-6590; email: [email protected]

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

    Issued in Renton, Washington, on February 19, 2015. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-05032 Filed 3-11-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF LABOR Office of Workers' Compensation Programs 20 CFR Parts 702 and 703 RIN 1240-AA09 Longshore and Harbor Workers' Compensation Act: Transmission of Documents and Information AGENCY:

    Office of Workers' Compensation Programs, Labor.

    ACTION:

    Notice of proposed rulemaking; request for comments.

    SUMMARY:

    Parties to claims arising under the Longshore and Harbor Workers' Compensation Act and its extensions (LHWCA or Act) and entities required to have insurance pursuant to the Act frequently correspond with the Office of Workers' Compensation Programs (OWCP) and each other. The current regulations require that some of these communications be made in paper form via a specific delivery mechanism such as certified mail, U.S. mail or hand delivery. As technologies improve, other means of communication—including electronic methods—may be more efficient and cost-effective. Accordingly, this proposed rule would broaden the acceptable methods by which claimants, employers, and insurers can communicate with OWCP and each other.

    DATES:

    Comments on this proposed rule must be received by midnight Eastern Standard Time on May 11, 2015.

    ADDRESSES:

    You may submit written comments, identified by RIN number 1240-AA09, by any of the following methods.

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions on the Web site for submitting comments. To facilitate receipt and processing of comments, OWCP encourages interested parties to submit their comments electronically.

    Fax: (202) 693-1380 (this is not a toll-free number). Only comments of ten or fewer pages, including a Fax cover sheet and attachments, if any, will be accepted by Fax.

    Regular Mail: Division of Longshore and Harbor Workers' Compensation, Office of Workers' Compensation Programs, U.S. Department of Labor, Suite C-4319, 200 Constitution Avenue NW., Washington, DC 20210. The Department's receipt of U.S. mail may be significantly delayed due to security procedures. You must take this into consideration when preparing to meet the deadline for submitting comments.

    Hand Delivery/Courier: Division of Longshore and Harbor Workers' Compensation, Office of Workers' Compensation Programs, U.S. Department of Labor, Suite C-4319, 200 Constitution Avenue NW., Washington, DC 20210.

    Instructions: All submissions received must include the agency name and the Regulatory Information Number (RIN) for this rulemaking. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

    Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Antonio Rios, Director, Division of Longshore and Harbor Workers' Compensation, Office of Workers' Compensation Programs, U.S. Department of Labor, Suite C-4319, 200 Constitution Avenue NW., Washington, DC 20210. Telephone: (202) 693-0038 (this is not a toll-free number). TTY/TDD callers may dial toll-free 1-877-889-5627 for further information.

    SUPPLEMENTARY INFORMATION:

    I. Proposed Rule Published Concurrently With Companion Direct Final Rule

    In the Final Rules section of this Federal Register edition, OWCP is simultaneously publishing an identical rule as a “direct final” rule. In direct final rulemaking, an agency publishes a direct final rule in the Federal Register with a statement that the rule will go into effect unless the agency receives significant adverse comment within a specified period. The agency concurrently publishes an identical proposed rule. If the agency receives no significant adverse comment in response to the direct final rule, the rule goes into effect. If the agency receives significant adverse comment, the agency withdraws the direct final rule and treats such comment as submissions on the proposed rule. An agency typically uses direct final rulemaking when it anticipates the rule will be non-controversial.

    OWCP has determined that this rule, which modifies the existing regulations to facilitate the exchange of documents and information, is suitable for direct final rulemaking. The rule expands the methods by which employers, claimants, insurers, and OWCP can transmit documents and information to each other; the rule does not eliminate current methods. Thus, OWCP does not expect to receive significant adverse comment on this rule.

    By simultaneously publishing this proposed rule, notice-and-comment rulemaking will be expedited if OWCP receives significant adverse comment and withdraws the direct final rule. The proposed and direct final rules are substantively identical, and their respective comment periods run concurrently. OWCP will treat comment received on the proposed rule as comment regarding the companion direct final rule and vice versa. Thus, if OWCP receives significant adverse comment on either this proposed rule or the companion direct final rule, OWCP will publish a Federal Register notice withdrawing the direct final rule and will proceed with this proposed rule.

    For purposes of the direct final rule, a significant adverse comment is one that explains: (1) Why the rule is inappropriate, including challenges to the rule's underlying premise or approach; or (2) why the direct final rule will be ineffective or unacceptable without a change. In determining whether a significant adverse comment necessitates withdrawal of the direct final rule, OWCP will consider whether the comment raises an issue serious enough to warrant a substantive response had it been submitted in a standard notice-and-comment process. A comment recommending an addition to the rule will not be considered significant and adverse unless the comment explains how the direct final rule would be ineffective without the addition.

    OWCP requests comments on all issues related to this rule, including economic or other regulatory impacts of this rule on the regulated community. All interested parties should comment at this time because OWCP will not initiate an additional comment period on this proposed rule even if it withdraws the direct final rule.

    II. Background of This Rulemaking

    The LHWCA, 33 U.S.C. 901-950, establishes a comprehensive federal workers' compensation system for an employee's disability or death arising in the course of covered maritime employment. Metropolitan Stevedore Co. v. Rambo, 515 U.S. 291, 294 (1995). The Act's provisions have been extended to: (1) Contractors working on military bases or U.S. government contracts outside the United States (Defense Base Act, 42 U.S.C. 1651-54); (2) employees of nonappropriated fund instrumentalities (Nonappropriated Fund Instrumentalities Act, 5 U.S.C. 8171-73); (3) employees engaged in operations that extract natural resources from the outer continental shelf (Outer Continental Shelf Lands Act, 43 U.S.C. 1333(b)); and (4) private employees in the District of Columbia injured prior to July 26, 1982 (District of Columbia Workers' Compensation Act of May 17, 1928, Pub. L. 70-419 (formerly codified at 36 DC Code 501 et seq. (1973) (repealed 1979)). Consequently, the Act and its extensions cover a broad range of claims for injuries that occur throughout the United States and around the world.

    The Department's regulations implementing the LHWCA and its extensions (20 CFR parts 701-704) currently contemplate that private parties and OWCP file and exchange documents only in paper form and, in some instances, require transmission via specific methods such as certified mail, U.S. mail, or hand delivery. Because many of these procedural rules were last amended in 1985 and 1986, see 51 FR 4270 (February 3, 1986); 50 FR 384 (January 3, 1985), they do not address whether the parties or OWCP may use electronic communication methods (e.g., facsimile, email, web portal) or commercial delivery services (e.g., United Parcel Service, Federal Express). These communication methods have now become ubiquitous and are routinely relied upon by individuals, businesses, and government agencies alike.

    Recently, OWCP has been employing electronic technology to improve the program's administration. In 2009, OWCP began accepting reports of insurance coverage electronically. See Notice from Chief, Branch of Financial Management, Insurance and Assessments (December 2, 2009) http://www.regulations.gov (docket folder for RIN 1240-AA09); Industry Notice No. 138 (January 3, 2012) http://www.dol.gov/owcp/dlhwc/lsindustrynotices/industrynotice138.htm. In 2013, OWCP began creating electronic case files for all new LHWCA cases. See LHWCA Bulletin No. 14-03 (November 26, 2013), http://www.dol.gov/owcp/dlhwc/LSBulletin14-03.pdf. And in 2014, OWCP launched SEAPortal, a Web-based electronic portal that parties may use to submit case-specific documents to OWCP. See Industry Notice No. 148 (October 31, 2014), http://www.dol.gov/owcp/dlhwc/lsindustrynotices/industrynotice148.pdf. These advancements have enhanced claims administration within OWCP and the parties' ability to submit documents to OWCP. But they do not adequately expand the methods employers, claimants, insurers, and OWCP may use to transmit documents and information to each other.

    Consistent with other workers' compensation schemes, the LHWCA provides “limited liability for employers” and “certain, prompt recovery for employees.” Roberts v. Sea-Land Servs., Inc., __U.S. __, 132 S.Ct. 1350, 1354 (2012). These goals are advanced through efficient and effective communications between the private parties and OWCP. The Department thus proposes to revise the regulations to: (1) Remove bars to using electronic and other commonly used communication methods wherever possible; (2) provide flexibility for OWCP to allow the use of technological advances in the future; and (3) ensure that all parties remain adequately apprised of claim proceedings.

    Because the proposed revisions are procedural in nature, the Department intends to apply the rules to all matters pending on the date the rule is effective as well as those that arise thereafter. This will not work a hardship on the private parties or their representatives since, as explained below, the revisions either codify current practice or broaden the methods by which documents and information may be transmitted.

    III. Legal Basis for the Rule

    Section 39(a) of the LHWCA, 33 U.S.C. 939(a), authorizes the Secretary of Labor to prescribe all rules and regulations necessary for the administration and enforcement of the Act and its extensions. The LHWCA also grants the Secretary authority to determine by regulation how certain statutory notice and filing requirements are met. See 33 U.S.C. 907(j)(1) (the Secretary is authorized to “make rules and regulations and to establish procedures” regarding debarment of physicians and health care providers under 33 U.S.C. 907(c)); 33 U.S.C. 912(c) (employer must notify employees of the official designated to receive notices of injury “in a manner prescribed by the Secretary in regulations”); 33 U.S.C. 919(a) (claim for compensation may be filed “in accordance with regulations prescribed by the Secretary”); 33 U.S.C. 919(b) (notice of claim to be made “in accordance with regulations prescribed by the Secretary”); 33 U.S.C. 935 (“the Secretary shall by regulation provide for the discharge, by the carrier,” of the employer's liabilities under the Act). The rules proposed below fall well within these statutory grants of authority.

    In developing these rules, the Department has also considered the principles underlying two additional statutes: The Government Paperwork Elimination Act (GPEA), 44 U.S.C. 3504, and the Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. 7001 et seq. GPEA requires agencies, when practicable, to store documents electronically and to allow individuals and entities to communicate with agencies electronically. It also provides that electronic documents and signatures will not be denied legal effect merely because of their electronic form. Similarly, E-SIGN generally provides that electronic documents have the same legal effect as their hard copy counterparts and allows electronic records to be used in place of hard copy documents with appropriate safeguards. 15 U.S.C. 7001. Under E-SIGN, federal agencies retain the authority to specify the means by which they receive documents, 15 U.S.C. 7004(a), and to modify the disclosures required by Section 101(c), 15 U.S.C. 7001(c), under appropriate circumstances. The rules proposed below are consistent with and further the purposes of GPEA and E-SIGN.

    IV. Proposed Rule A. General Provisions

    The Department is proposing several general revisions to advance the goals set forth in Executive Order 13563 (January 18, 2011). That Order states that regulations must be “accessible, consistent, written in plain language, and easy to understand.” 76 FR 3821; see also E.O. 12866, 58 FR 51735 (September 30, 1993) (“Each agency shall draft its regulations to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty.”). Accordingly, the Department proposes to remove the imprecise term “shall” throughout those sections it is amending and substitute “must,” “must not,” “will,” or other situation-appropriate terms. These changes are designed to make the regulations clearer and more user-friendly. See generally Federal Plain Language Guidelines, http://www.plainlanguage.gov/howto/guidelines.

    Executive Order 13563 also instructs agencies to review “rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them.” As a result, the Department proposes to cease publication of two rules that are obsolete or unnecessary. These rules are set forth in the Section-by-Section Explanation below.

    B. Section-by-Section Explanation

    20 CFR 702.101 Exchange of documents and information.

    This proposed section is new. It sets out general rules for transmitting documents and information that apply except when another rule or OWCP requires a specific form of communication.

    Paragraph (a) specifies the methods by which documents and information must be sent to OWCP. Paragraph (a)(1) specifies that hard copy documents and information must be submitted by postal mail, commercial delivery service, or delivered by hand. Paragraph (a)(2) specifies that electronic documents and information must be submitted through an electronic system that has been authorized by OWCP. OWCP's SEAPortal is an example of such a system. Paragraph (a)(3) recognizes that occasions may arise where transmission methods other than those enumerated would be preferable and provides that additional methods may be used when allowed by OWCP.

    Paragraph (b) specifies the methods by which documents and information must be sent from OWCP to parties and their representatives or exchanged between parties and party representatives. Paragraph (b)(1) specifies that hard copy documents must be sent or exchanged by postal mail, commercial delivery service, or hand delivery. Paragraph (b)(2) specifies that documents and information can be sent or exchanged electronically, but only if they are sent through a reliable method and the receiving party agrees in writing to accept electronic transmission by the particular method used. Requiring written confirmation protects all parties and representatives from misunderstandings about service and ensures that the recipient has the technology necessary to receive documents by the selected method. The Department does not intend that this process be overly formalistic; a letter, email or other writing memorializing the receiving party's agreement would be sufficient to satisfy the regulatory requirement. A party's agreement to receive documents or information electronically, although required before a sender can elect to use an electronic transmission method, does not obligate the sender to use an electronic transmission method. Finally, paragraph (b)(3) specifies that documents and information can be sent or exchanged through any OWCP-authorized electronic system that allows for service of documents. Although not currently available, this provision is added for use in the event OWCP adopts such a system in the future.

    Paragraph (c) provides a non-exhaustive list of reliable electronic transmission methods.

    Paragraph (d) specifies that parties or representatives who agree to receive documents electronically in accordance with paragraph (b)(2) can revoke their agreement by giving written notice to the person or entity with whom they initially agreed to receive documents electronically. For example, if a claimant's legal representative no longer wishes to receive documents electronically from the employer's attorney, the representative can revoke the agreement by simply notifying opposing counsel in writing. Similarly, if a pro se claimant initially agrees to receive documents electronically from OWCP, he or she may terminate that agreement by sending a letter or some other form of writing to OWCP. As with the procedure for agreeing to electronic service, the Department does not intend this procedure to be overly formalistic.

    Paragraph (e) recognizes that the Longshore regulations use various terms to describe the process of exchanging documents and information with OWCP and between parties. It provides that paragraphs (a) through (d) apply when those terms are used.

    Paragraph (f) clarifies that references to documents include both electronic and hard copy documents.

    Paragraph (g) explains that a requirement that something be in writing, signed, certified, or executed does not presuppose that the document must be in hard copy.

    Paragraph (h) states that an entity's address may include its electronic address or web portal.

    Finally, paragraphs (i)(1) and (2) clarify that when a document must be sent to a particular district director's office or a district director must take an action with respect to a document in his or her office, the physical or electronic address or file location provided for that district director's office by OWCP rather than that district director's physical location controls. These provisions accommodate the Department's current and anticipated future plans to have most mail for district offices sent to a central mail receipt location and eventually to an electronic location and to handle documents in an electronic case file environment.

    20 CFR 702.102 Establishment and modification of compensation districts, establishment of suboffices and jurisdictional areas.

    Current § 702.102(a) explains that the Director has established compensation districts as required under the Act and specifies that the Director must notify interested parties “by mail” of changes to the compensation districts. Proposed § 701.102(a) removes the phrase “by mail” to broaden the methods by which the Director may notify interested parties of a change to the compensation districts.

    20 CFR 702.103 Effect of establishment of suboffices and jurisdictional areas.

    Current § 702.103 explains that the Director may require claims-related materials to be filed in suboffices. Proposed § 702.103 changes the phrase “at the suboffice” to “with the suboffice” to reflect that documents being filed with a suboffice will not necessarily be filed at that suboffice per se, but rather will be filed at the physical or electronic address provided by OWCP.

    20 CFR 702.104 Transfer of individual case file.

    Current § 702.104(b) provides that the district director who is transferring a case to a different district office may give advice, comments, or suggestions to the district director receiving the case. The regulation also specifies that the transfer must be made by registered or certified mail. District directors now have the capacity to transfer many cases by secure electronic means, or may prefer to use a commercial delivery service such as Federal Express or the United Parcel Service. Accordingly, proposed § 702.104 removes the requirement that cases be transferred by registered or certified mail to broaden the methods by which district directors may transfer cases between offices.

    20 CFR 702.174 Exemptions; necessary information.

    Current § 702.174(b)(1) provides that in cases where the Director approves an employer's application for an exemption from coverage under the Act, the Director shall notify the employer of its exemption by certified mail, return receipt requested. This non-statutory requirement limits the Director's ability to take advantage of other efficient means of service that may be less costly. Accordingly, proposed § 702.174(b)(1) removes the certified mail requirement to broaden the methods by which the Director may notify employers that their application for exemption has been approved. The proposed rule also includes a technical amendment to § 702.174(b)(2) to conform the language regarding notification of a denial of exempt status to the language in revised subsection (b)(1).

    20 CFR 702.203 Employer's report; how given.

    Current § 702.203 provides that employers must submit their injury reports by delivering or mailing an original and one copy to the office of the district director. The rule implements the statutory directive to employers to “send to the Secretary a report” of injury and “a copy of such report” to the district director within ten days of an employee's injury or death. 33 U.S.C. 930(a), (b). Although not reflected in the current regulation, the Act also provides that “mailing” a report “in a stamped envelope” within the ten-day time period satisfies the statute's requirements. 33 U.S.C. 930(d).

    Proposed § 702.203 revises the current rule in two ways. First, proposed paragraph (a) eliminates the requirement that employers provide an original and a copy of their injury reports. OWCP has instituted a policy of storing documents electronically; thus, there is no continuing need to submit multiple copies of the same document. Instead, submission of one report to the district director will satisfy the employer's statutory obligation to notify both the Secretary and the district director. Second, proposed paragraph (b) modifies the current regulation to address what actions satisfy the ten-day time period for filing the injury report. Consistent with Section 30(d), proposed paragraph (b) specifies that when sent by U.S. postal mail, an employer's report of injury will be deemed filed on the date mailed. The proposed rule extends this same statutory concept—that an employer meets the reporting obligation when it sends the report, not when the report is received by OWCP—to commercial delivery services and electronic filings. Thus, the rule provides that the report will be considered filed on the date given to a commercial delivery service or, when sent by permissible electronic means, the date the employer completes all steps necessary for electronic delivery.

    20 CFR 702.215 Notice; how given.

    Current § 702.215 provides that an employee's notice of injury or survivor's notice of death must be given to the employer by hand delivery or by mail. It further provides that notice of an injury may be given to the district director by hand delivery, mail, orally in person, or by telephone. Proposed § 702.215 modifies the current section to allow the use of additional means of providing notice to the employer and to the district director.

    For employer notice, the proposed rule allows an employee or survivor to provide notice at the physical or electronic address supplied by the employer. Using the broader “physical” address term encompasses the current hand and mail delivery, and expands it to other methods such as a commercial delivery service. And by allowing notice to be delivered to an electronic address, employers will be able to adopt electronic systems (e.g., email, web portal) that may speed the injury reporting process. For district director notice, the proposed regulation provides that the employee's or survivor's notice of injury may be given to the district director by submitting the correct form. Using the word “submitting” brings this document within the general transmission rule set forth in proposed 20 CFR 702.101(a), thus implementing the statutory directive that notice be given to the district director “by delivering it to him or sending it by mail addressed to his office.” 33 U.S.C. 912(c). The proposed rule retains the option of reporting injuries to the district director either in person or by telephone.

    20 CFR 702.224 Claims; notification of employer of filing by employee.

    Current § 702.224 requires the district director to give the employer or insurance carrier written notice of claims for compensation served “personally or by mail.” This regulation implements the statutory requirement that the district director provide notice of claims to interested parties, which “may be served personally upon the employer or other person, or sent to such employer or person by registered mail.” 33 U.S.C. 919(b). Proposed § 702.224 deletes the current rule's reference to specific service methods. Using the phrase “give notice” brings the notice within the general transmission rule set forth in proposed 20 CFR 702.101(a), which allows for methods of service beyond mailing and what is traditionally considered personal service. Because the statute uses the permissive term “may” in addressing service methods for this notice and does not mandate any particular method, the revision to the proposed rule is also consistent with the statute.

    20 CFR 702.234 Report by employer of commencement and suspension of payments.

    Current § 702.234 provides that the employer shall immediately notify the district director having jurisdiction over the place where the injury or death occurred when it makes its first payment of compensation or suspends payment of compensation. The Department recognizes that cases are not always adjudicated by the district director who has jurisdiction over the place where the injury or death occurred. For example, cases may be transferred to a district other than the district where the injury occurred if a worker moves his or her residence to a different compensation district. 20 CFR 702.104. Thus, proposed § 702.234 removes the reference to the district director having jurisdiction over the place where the injury or death occurred and instead directs the employer to notify the district director who is administering the claim.

    20 CFR 702.243 Settlement application; how submitted, how approved, how disapproved, criteria.

    Current § 702.243(a) requires that settlement applications be sent to the adjudicator by certified mail, return receipt requested, submitted in person, or sent by any other delivery service with proof of delivery to the adjudicator. The Department proposes a modification to this subsection that will explicitly allow parties to submit settlement applications via commercial delivery service with tracking capability or electronically through an OWCP-authorized system.

    Current § 702.243(c) requires that when the adjudicator disapproves a settlement application, he or she must serve a disapproval letter or order on the parties by certified mail. This requirement both limits the adjudicator's ability to take advantage of more efficient means of service and imposes an unnecessary expense. Accordingly, the Department proposes to remove the requirement that notice be sent by certified mail in order to broaden the methods by which adjudicators may notify parties that their settlement applications have been disapproved.

    20 CFR 702.251 Employer's controversion of the right to compensation.

    Current § 702.251 requires that employers notify the district director of their election to controvert a claim by sending the “original notice” of controversion form to the district director and a copy to the claimant. By requiring the “original” form, the regulation implies that the employer must deliver a hard copy form bearing its authorized signature in ink. There is no statutory requirement that an employer submit an original form in that manner and requiring the employer to do so by regulation unduly limits the means by which the employer would otherwise be permitted to submit the form. For example, OWCP has instituted a policy of accepting case-related documents electronically through its web portal. Further, OWCP now scans and electronically stores the documents it receives, so the “original” document submitted by the employer would not be retained in hard copy. For these reasons, there is no need to require employers to send an “original” document to the district director. Thus, proposed § 702.251 omits the requirement that an original document be provided.

    20 CFR 702.261 Claimant's contest of actions taken by employer or carrier with respect to the claim.

    Current § 702.261 provides that a claimant who contests a reduction, termination, or suspension of benefits by the employer or carrier must notify the office of the district director having jurisdiction either in person or in writing and explain the basis for his or her complaint. Proposed § 702.101 specifies the methods by which the claimant can provide documents or information to OWCP, and there is no statutory requirement pertaining to claimants' contests of employer or carrier action that justifies treating transmission of this type of information differently. Accordingly, proposed § 702.261 eliminates the requirement that notice be given in person or in writing. In addition, the proposed rule substitutes the phrase “the district director who is administering the claim” for the phrase “the district director having jurisdiction.” As noted, claims are not always handled by the district director for the district where the injury or death occurred. See 20 CFR 702.104. To clarify the regulation, proposed § 702.234 directs the claimant to notify the district director who is administering the claim when he or she wishes to contest the employer's or carrier's actions.

    20 CFR 702.272 Informal recommendation by district director.

    Current § 702.272 concerns informal recommendations by the district director regarding claims of improper discharge or discrimination against employees who seek compensation under the Act or testify in a compensation claim under the Act. Paragraph (a) provides that where the employee and employer agree to the district director's recommendation, that recommendation shall be incorporated into an order and mailed to the parties. The Department proposes to remove the reference to service by mail and instead indicate that service should be accomplished under the same procedures that govern service of compensation orders under § 702.349.

    Current § 702.272(b) provides that where the parties do not agree to the district director's recommendation, the director must “mail” a memorandum to the parties that summarizes the disagreement. This requirement precludes the Director from using other methods of service. Accordingly, the Department proposes to delete the word “mail” and replace it with the word “send” so that delivery of the memorandum is governed by the general rule in proposed § 702.101.

    20 CFR 702.281 Third party action.

    Current § 702.281(b) provides that in order for an employee to settle a claim with a third party for an amount less than the employee would receive under the Act, the employee must first receive prior written approval from the employer and the employer's carrier. That approval must be filed with the district director with jurisdiction where the injury occurred. As noted, claims are not always handled by the district director for the district where the injury or death occurred. See 20 CFR 702.104. Thus, proposed § 702.281(b) directs that the approval be filed with the district director who is administering the claim.

    20 CFR 702.315 Conclusion of conference; agreement on all matters with respect to the claim.

    Current § 702.315(a) provides that when an informal conference results in a formal compensation order, the order must be “filed and mailed in accordance with § 702.349.” This rule also provides that when the problem considered is resolved by telephone or by exchange of written correspondence, the parties shall be notified by the same method through which agreement was reached, and the district director will also issue a memorandum or order setting forth the agreed terms. Proposed § 702.315(a) revises the rule in two ways. First, the proposed rule substitutes the phrase “filed and served” for “filed and mailed” to conform the language to the proposed addition of § 702.349(b), which would allow parties and their representatives to waive registered and certified mail service of compensation orders. Second, to allow more flexibility, proposed § 702.315(a) eliminates the requirement that the district director use the same method to communicate the results of the conference but preserves the authority to communicate those results by telephone.

    20 CFR 702.317 Preparation and transfer of the case for hearing.

    Current § 702.317 provides rules for transferring a case from the district director's office to the Office of Administrative Law Judges (OALJ) for hearing. When the district director receives pre-hearing statement forms from the parties and determines that no further conferences will help resolve the dispute, § 702.317(c) instructs the district director to transmit the pre-hearing statements, a transmittal letter, and certain other evidence to OALJ. Paragraph (c) excepts from this requirement materials “not suitable for mailing.” To avoid any implication that these documents must be mailed between the district director and OALJ rather than transmitted by some other method (e.g., commercial delivery service, electronically), the Department proposes to substitute the term “transmission” for “mailing” in paragraph (c).

    20 CFR 702.319 Obtaining documents from the administrative file for reintroduction at formal hearings.

    Current § 702.319 provides that upon receipt of a request for a document from the administrative file, the district director shall give the original document to the requester and retain a copy in the file. OWCP has instituted a policy of storing documents electronically rendering it unable to send requesters original documents. A properly reproduced copy of the electronically stored document can be used in adjudicative proceedings. See United States v. Hampton, 464 F.3d 687, 690 (7th Cir. 2006) (holding that copies of documents are admissible to the same extent as the original documents unless there is an issue with the authenticity of the original); United States v. Georgalis, 631 F.2d 1199, 1205 (5th Cir. 1980) (“A duplicate may be admitted into evidence unless . . . there is a genuine issue as to the authenticity of the unintroduced original, or as to the trustworthiness of the duplicate. . .”). Accordingly, proposed § 702.319 specifies that the district director will send a copy of the requested document(s) to the requester and retain a copy of the record request and a statement of whether it has been satisfied in the administrative file.

    20 CFR 702.321 Procedures for determining applicability of section 8(f) of the Act.

    Current § 702.321(a)(1) requires employers or carriers who file applications under Section 8(f) of the Act to file those applications in duplicate. As OWCP has instituted a policy of storing documents electronically, there is no continuing need to file multiple copies of the same document. Accordingly, the Department proposes to delete this requirement from § 702.321(a)(1). The Department also proposes eliminating the mid-paragraph numbering in this provision. This technical change is made to conform to the current formatting rules of the Office of the Federal Register.

    20 CFR 702.349 Formal hearings; filing and mailing of compensation orders; disposition of transcripts.

    Current § 702.349 provides that at the conclusion of the administrative hearing, the administrative law judge shall deliver the administrative record “by mail or otherwise” to the district director that had original jurisdiction over the case. As noted above, cases are not always administered by the district director who has “original” jurisdiction over the controversy. For example, cases may be transferred to a district other than the district where the injury occurred if a worker moves his or her residence to a different compensation district. See 20 CFR 702.104. Thus, the Department proposes removing the reference to the district director that had original jurisdiction and instead directing the administrative law judge to forward the record to the district director who administered the case.

    The proposed rule makes two additional revisions to the existing language designed to accommodate transmission of decisions and case records electronically between OWCP and the Office of Administrative Law Judges. First, the proposed rule eliminates the language that the case record be sent to the district director “together with” a signed compensation order. Currently, the Office of Administrative Law Judges does not always transmit the full case record at the same time as the compensation order. Moreover, OWCP also anticipates that, as an intermediate step to transitioning to a full electronic case file environment, a system may be adopted for administrative law judge decisions to be transmitted electronically to OWCP for filing and service. Second, the proposed rule eliminates reference to the “original” compensation order in anticipation of future expansion of the electronic case file system. The term “original” implies that the district director must file a paper copy of a compensation order. This process may not be required in a full electronic case file environment.

    The Department also proposes adding a new paragraph (b) to this section that allows parties and their representatives to receive compensation orders by other service methods in cases where they explicitly waive service by registered or certified mail. Under Section 19(e) of the Act, 33 U.S.C. 919(e), all parties have the right to be served with a compensation order via registered or certified mail (at OWCP's option). By practice, OWCP has extended this service to the parties' representatives. See 20 CFR 702.349. Service via registered or certified mail has many benefits, but unlike electronic service, it cannot be accomplished immediately. Several days will generally elapse between the date that an order is mailed by the district director and the date the parties receive it. Some parties and their representatives have requested that the Department begin serving compensation orders immediately by electronic means.

    The right to registered or certified mail service of compensation orders is a personal right that is conveyed by the Act. But there is no indication in the Act that the right to registered or certified mail service cannot be waived, contra 33 U.S.C. 915(b), 916, and it is generally presumed that statutory rights can be knowingly and voluntarily waived. See New York v. Hill, 528 U.S. 110, 114 (2000). Accordingly, proposed § 702.349(b) institutes a procedure allowing parties and their representatives who are entitled to registered or certified mail service to waive their right to such service. The waiver applies only to service of compensation orders and does not extend to other documents or information transmitted by OWCP.

    Proposed § 702.349(b) provides that a party or their representative can waive registered or certified mail service of compensation orders by filing the appropriate form with the district director that is administering the party's case. Waivers will only be accepted if they are submitted on the proper form, and a separate form must be submitted for each party or representative. Paragraph (b) emphasizes that submission of a completed form constitutes a knowing and voluntary waiver of registered or certified mail service.

    Proposed § 702.349(b)(1)-(b)(5) flesh out important details related to the waiver of service by registered or certified mail. Paragraph (b)(1) provides that all parties and representatives must provide a valid electronic address on the waiver form for the service waiver to be effective.

    Proposed paragraph (b)(2) provides that parties and their representatives must submit a separate waiver form for each case in which they intend to waive service. Although it is common for certain employers, carriers, and attorneys to have an interest in several Longshore Act cases pending at the same time, the district director will not accept blanket service waivers. This will ensure that the party or representative has in fact waived registered or certified mail service in the particular case. Similarly, proposed paragraph (b)(3) prohibits a party's representative from signing the waiver form on the party's behalf. Instead, to ensure that waivers are knowing and voluntary, the parties themselves must sign the waiver forms.

    Proposed paragraph (b)(4) provides that all compensation orders issued after the service waiver form is received will be served in accordance with the instructions on the form provided by the party or representative. This includes supplementary compensation orders and orders on modification. This paragraph also specifies that individuals must submit another waiver form to change their service address or to revoke the waiver.

    Finally, proposed paragraph (b)(5) provides that the district director will serve parties and their representatives by certified mail despite the existence of a waiver form if there is some problem with the service method selected. Thus, for example, the district director will effect service by certified or registered mail if he or she receives an error message when trying to serve a party or representative via email.

    20 CFR 702.372 Supplementary compensation orders.

    Current § 702.372(b) requires that supplementary compensation orders declaring amounts of compensation in default be served by certified mail on the parties and their representatives. This provision implements Section 18(a) of the Act, which requires that supplementary orders “be filed in the same manner as the compensation order.” 33 U.S.C. 918(a). As discussed above, Section 19(e) of the Act requires that compensation orders be filed in the office of the district director, and then served by registered or certified mail. 33 U.S.C. 919(e). The Department proposes redrafting § 702.372(b) to incorporate the filing provisions found in proposed § 702.349. This revision will clarify that supplementary compensation orders must be treated like any other compensation order for purposes of filing and service. In addition, by cross-referencing § 702.349, the Department intends to extend the provisions allowing voluntary waiver of registered or certified mail service in proposed § 702.349(b) to supplementary compensation orders.

    20 CFR 702.432 Debarment process.

    Current § 702.432(b) provides that when the Director determines that debarment proceedings are appropriate against a physician, health care provider or claims representative, he or she will notify the individual by certified mail, return receipt requested. Similarly, current § 702.432(e) requires that the Director send a copy of his or her decision regarding debarment to the individual by certified mail, return receipt requested. This method of service is not required by the statute in either instance. And requiring certified mail service both limits the Director's ability to take advantage of electronic means of service and imposes an unnecessary expense. Accordingly, to broaden the methods by which the Director may notify individuals of debarment proceedings and decisions rendered in them, the Department proposes removing the requirement that notice be sent by certified mail with return receipt requested from paragraphs (b) and (e).

    20 CFR 702.433 Requests for hearing.

    Current § 702.433(b) requires that the administrative law judge who will conduct a hearing regarding debarment serve a copy of a notice of hearing on the individual who may be subject to debarment via certified mail, return receipt requested. This method of service is not required by the statute, and it both limits the administrative law judge's ability to take advantage of electronic service methods and imposes an unnecessary expense. Accordingly, proposed § 702.433(b) eliminates the certified mail requirement so as to broaden the means by which the administrative law judge may notify individuals of hearings regarding debarment.

    20 CFR 703.2 Forms.

    Current § 703.2(a) provides that information sent by insurance carriers and self-insured employers to OWCP pursuant to Part 703 must be submitted on Forms specified by the Director. In order to facilitate the most efficient processing of Part 703 information, proposed § 703.2(a) specifies that the forms must be submitted to OWCP in the manner it specifies.

    20 CFR 703.113-703.120 and 703.502 Reporting related to insurance coverage.

    This set of regulations governs how matters related to insurance coverage are reported to OWCP and the consequences of those reports. In the past, insurance companies reported issuance of policies and endorsements by filing a Form LS-570 (Carrier's Report of Issuance of Policy) in hard copy with the district director in whose compensation district the insured employer operated. These hard copy reports of insurance were retained in the compensation district because that was the district most likely to use the record. OWCP now stores insurance information electronically in a system maintained by the Division of Longshore and Harbor Workers' Compensation (DLHWC) in OWCP's national office. This system is accessible to the district offices. Thus, there is no continuing need for carriers to report insurance information to individual district directors.

    To facilitate reporting of insurance information, OWCP began instituting an electronic system for such reports in 2009. See Notice from Chief, Branch of Financial Management, Insurance and Assessments (December 2, 2009) http://www.regulations.gov (docket folder for RIN 1240-AA09); Industry Notice No. 138 (January 3, 2012) http://www.dol.gov/owcp/dlhwc/lsindustrynotices/industrynotice138.htm. Many insurance companies now report coverage, including policy cancellations, to industry data collection organizations (e.g., New York Compensation Rating Board, National Council on Compensation Insurance, Inc.) that, in turn, report the information to DLHWC on the carriers' behalf. DLHWC receives that information via a daily electronic data interchange with the data collection organizations and places it in a centralized electronic repository that the individual district directors can access immediately. It is common practice in the insurance industry to provide this sort of information electronically, and many carriers have been voluntarily reporting coverage under the Act and its extensions to DLHWC electronically for several years now. The system has proven to be efficient and preferable for both OWCP and the reporting carriers who use it. Centralized reporting also reduces the recordkeeping burden on the district offices, thereby freeing up resources for claims administration.

    For these reasons, the proposed rule eliminates those provisions that require insurance companies to report coverage to individual district directors. In addition, the proposed rules are drafted broadly to accommodate future methods of electronic reporting that OWCP may choose to adopt. Although OWCP prefers receiving insurance information electronically, the proposed rules do not require carriers to report electronically. Carriers can still fulfill their reporting obligations by submitting Form LS-570 to DLHWC.

    Section 703.113 allows for a longshoremen's policy or endorsement to specify the particular vessel(s) to which it applies. It provides that the carrier shall send the report of issuance of a policy or endorsement that is required by § 703.116 to the district director for the compensation district where the vessel(s)' home port is located. To conform this regulation to the centralized reporting system, proposed § 703.113 replaces references to the district director with references to DLHWC.

    Section 703.114 provides that cancellation of a contract or policy of insurance will not be effective unless done in compliance with Section 36(b) of the Act, which requires that insurance providers send a notice of cancellation to the district director and the employer 30 days prior to the date that a policy termination is effective. See 33 U.S.C. 936(b). The Act also requires that the notice be in writing and given to the district director “by delivering it to him or sending it by mail addressed to his office, and to the employer by delivering it to him or by sending it by mail addressed to him at his last known place of business.” 33 U.S.C. 912(c); see also 33 U.S.C. 936(b).

    The proposed rule specifies the methods an insurer can use to give notice of cancellation. For notice to the district director, the proposed rule allows insurers to report cancellations to DLHWC either in a manner prescribed under proposed § 702.101(a) or in the same manner as they report coverage under § 703.116 (including, where applicable, through industry data collection organizations). Reporting through these established channels satisfies the statutory requirement that notice be delivered to the district director. For notice to the employer, the proposed rule requires that the cancellation notice be sent in accordance with the methods set forth in proposed § 702.101(b). Complying with proposed § 702.101(b) satisfies the statutory requirement that the cancellation notice be delivered to the employer. Importantly, an electronic report made to DLHWC does not relieve the carrier of its obligation to also provide written notice of cancellation to the employer. Moreover, the proposed rule retains the statutory requirement that notice to both DLHWC and the employer must be provided 30 days before the cancellation is intended to be effective.

    Section 703.116, as currently written, requires insurance carriers to report all policies and endorsements issued by them to employers carrying on business within a compensation district to that particular district director. To conform this regulation to the centralized reporting system, proposed § 703.116 replaces references to the district director with references to DLHWC. In addition, proposed § 703.116 specifically acknowledges that reports made through an OWCP-authorized electronic system, such as an industry data collection organization, satisfy the carrier's reporting obligation. Instructions for submitting coverage information to DLHWC electronically will be posted on OWCP's Web site at http://www.dol.gov/owcp/dlhwc/carrier.htm.

    Section 703.117 specifies that the report required by § 703.116 must be sent by the insurance carrier's home office or authorized agent. The regulation assumes that such reports will be made to the district director in the compensation district where the employer is located, and requires the carrier to tell the district director which agency is authorized to issue reports on its behalf. To conform this regulation to the centralized reporting system, proposed § 703.117 replaces references to the district director with references to DLHWC.

    Section 703.118 provides that all applicants for authority to write insurance under the Act shall be deemed to have agreed to accept full liability for the insured's obligations under the Act. The current regulation presumes that the district director for the compensation district where an insured employer carries on operations will receive and accept the carrier's report of insurance. To conform this regulation to the centralized reporting system, proposed § 703.118 replaces references to the district director with references to DLHWC.

    Section 703.119 governs the situation where an employer that is carrying on operations covered by the Act in one compensation district plans to begin operations in a second. The regulation provides that the carrier may submit the report required by § 703.116 to the district director in the new compensation district before the employer has an address in the new district. Because carriers will no longer be expected to provide notice regarding insurance coverage to individual district directors, there is no longer any need for the procedure set forth in current § 703.119. Accordingly, the Department proposes deleting this section.

    Section 703.120 provides that a separate report required by § 703.116 must be made for each employer that is covered by a policy. DLHWC is able to automatically extract employer-specific coverage information from most electronic reports that it receives, so this requirement is often unnecessary when coverage is reported electronically. Accordingly, proposed § 703.120 is limited to reports made on Form LS-570 (Carrier's Report of Issuance of Policy.) The current regulation also presumes that the district director for the compensation district where an insured employer carries on operations will receive and accept the carrier's report of insurance. To conform this regulation to the centralized reporting system, proposed § 703.120 replaces references to the district director with references to DLHWC.

    Section 703.502 provides that district directors who receive a report of the issuance of a policy that is authorized by current § 703.119 shall file the report until they receive an address for the employer in the new compensation district, at which point they shall issue a certificate of compliance. The Department is deleting current § 703.119 because carriers will no longer be expected to provide notice regarding insurance coverage to individual district directors. Thus, there is no further need for the special procedure laid out in § 703.502. Accordingly, the Department proposes deleting this section.

    V. Administrative Law Considerations A. Information Collection Requirements (Subject to the Paperwork Reduction Act)

    The Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq., and its attendant regulations, 5 CFR part 1320, require that the Department consider the impact of paperwork and other information collection burdens imposed on the public. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the Office of Management and Budget (OMB) under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6.

    If adopted in final, the Transmission of Documents and Information Rule will allow parties to voluntarily waive their statutory right to receive compensation orders by registered or certified mail and to instead receive them by email. See 20 CFR 703.349. To implement the waiver process, this rule imposes two new collections of information, OWCP Form LS-801, Waiver of Service by Registered or Certified Mail for Claimants and Authorized Representatives, and OWCP Form LS-802, Waiver of Service by Registered or Certified Mail for Employers and/or Insurance Carriers. The Department has submitted an Information Collection Request (ICR) for both of these new forms under the emergency procedures for review and clearance contained in 5 CFR 1320.13.

    The Transmission of Documents and Information Rule does not materially change any other ICR with regard to the information collected, but does change the manner in which forms that collect information may be submitted. Instead of mandating the transmission of information by postal mail, the rule allows OWCP and private parties to use electronic and other commonly used communication methods. It also provides flexibility for OWCP to allow submission of information using future technologies.

    The collection of information requirements are contained within ICRs assigned OMB control numbers: 1240-0003, 1240-0004, 1240-0005, 1240-0014, 1240-0025, 1240-0026, 1240-0029, 1240-0036, 1240-0040, 1240-0041, 1240-0042 and 1240-0043. The regulatory sections specifying the submission procedures are found in paragraphs: 20 CFR 702.111, 702.121, 702.162, 702.174, 702.175, 702.201, 702.202, 702.221, 702.234, 702.235, 702.236, 702.242, 702.251, 702.285, 702.317, 702.321, 702.407, 702.419, 703.116, 703.203, 703.204, 703.205, 703.209, 703.210, 703.212, 703.303 and 703.310.

    Although the rule does not eliminate any current methods of submission for these collections, because its allowance of electronic submission will result in mailing cost savings (envelopes and postage), OWCP anticipates some savings for the public. Given the response rate for each of the existing collections, current combined mailing costs are estimated at $113,977. Once the rule becomes final, the Department anticipates a 13% rate of electronic submission, an accompanying reduction in postal mail submission, and a resulting cost savings of $14,817. In the future, as electronic transmission submission options increase and are used more frequently, this savings will likely increase. The Department has submitted a request for a non-substantive change for each existing ICR cited above in order to obtain approval for the changed cost estimate resulting from the availability of electronic submission methods.

    The submitted ICRs for the two new collections imposed by this rule will be available for public inspection for at least thirty days under the “Currently Under Review” portion of the Information Collection Review section reginfo.gov Web site, available at: http://www.reginfo.gov/public/do/PRAMain. The Department will publish a separate notice in the Federal Register that will announce the result of the OMB reviews. Currently approved information collections are available for public inspection under the “Current Inventory” portion of the same Web site.

    Request for Comments: As part of its continuing effort to reduce paperwork and respondent burden, the Department conducts a pre-clearance consultation program to provide the general public and Federal agencies an opportunity to comment on proposed and/or continuing collections of information. This program helps to ensure requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements can be properly assessed. Comments on the information collection requirements may be submitted to the Department in the same manner as for any other portion of this rule.

    In addition to having an opportunity to file comments with the agency, the PRA provides that an interested party may file comments on the information collection requirements in a proposed rule directly with the Office of Management and Budget, at Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-OWCP Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free number); or by email: [email protected] Commenters are encouraged, but not required, to send a courtesy copy of any comments to the general addressee for this rulemaking. The OMB will consider all written comments that agency receives within 30 days of publication of this NPRM in the Federal Register. In order to help ensure appropriate consideration, comments should mention at least one of the control numbers mentioned in this rule.

    The OMB and the Department are particularly interested in comments that:

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

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

    • Enhance the quality, utility, and clarity of the information to be collected; and

    • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    The information collections in this rule may be summarized as follows:

    1. Title of Collection: Employer's First Report of Injury or Occupational Disease, Employer's Supplementary Report of Accident or Occupational Illness

    OMB Control Number: 1240-0003.

    Total Estimated Number of Responses: 28,829.

    Total Estimated Annual Time Burden: 7,208 hours.

    Total Estimated Annual Other Costs Burden: $14,126.

    2. Title of Collection: Exchange of Documents and Information

    OMB Control Number: 1240-0004.

    Total Estimated Number of Responses: 5,000.

    Total Estimated Annual Time Burden: 83 hours.

    Total Estimated Annual Other Costs Burden: $2,650.

    3. Title of Collection: Securing Financial Obligations Under the Longshore and Harbor Workers' Compensation Act and Its Extensions

    OMB Control Number: 1240-0005.

    Total Estimated Number of Responses: 668.

    Total Estimated Annual Time Burden: 454 hours.

    Total Estimated Annual Other Costs Burden: $344.

    4. Title of Collection: Regulations Governing the Administration of the Longshore and Harbor Workers' Compensation Act

    OMB Control Number: 1240-0014.

    Total Estimated Number of Responses: 130,036.

    Total Estimated Annual Time Burden: 44,955 hours.

    Total Estimated Annual Other Costs Burden: $46,866.

    5. Title of Collection: Request for Earnings Information

    OMB Control Number: 1240-0025.

    Total Estimated Number of Responses: 1,100.

    Total Estimated Annual Time Burden: 275 hours.

    Total Estimated Annual Other Costs Burden: $528.

    6. Title of Collection: Application for Continuation of Death Benefit for Student

    OMB Control Number: 1240-0026.

    Total Estimated Number of Responses: 20.

    Total Estimated Annual Time Burden: 10 hours.

    Total Estimated Annual Other Costs Burden: $10.

    7. Title of Collection: Request for Examination and/or Treatment

    OMB Control Number: 1240-0029.

    Total Estimated Number of Responses: 96,000.

    Total Estimated Annual Time Burden: 52,000 hours.

    Total Estimated Annual Other Costs Burden: $2,088,960.

    8. Title of Collection: Longshore and Harbor Workers' Compensation Act Pre-Hearing Statement

    OMB Control Number: 1240-0036.

    Total Estimated Number of Responses: 3,100.

    Total Estimated Annual Time Burden: 527 hours.

    Total Estimated Annual Other Costs Burden: $1,612.

    9. Title of Collection: Certification of Funeral Expenses

    OMB Control Number: 1240-0040.

    Total Estimated Number of Responses: 75.

    Total Estimated Annual Time Burden: 19 hours.

    Total Estimated Annual Other Costs Burden: $39.

    10. Title of Collection: Notice of Final Payment or Suspension of Compensation Benefits

    OMB Control Number: 1240-0041.

    Total Estimated Number of Responses: 21,000.

    Total Estimated Annual Time Burden: 5,250 hours.

    Total Estimated Annual Other Costs Burden: $16,590.

    11. Title of Collection: Notice of Controversion of Right to Compensation

    OMB Control Number: 1240-0042.

    Total Estimated Number of Responses: 18,000.

    Total Estimated Annual Time Burden: 4,500 hours.

    Total Estimated Annual Other Costs Burden: $9,013.

    12. Title of Collection: Payment of Compensation Without Award

    OMB Control Number: 1240-0043.

    Total Estimated Number of Responses: 16,800.

    Total Estimated Annual Time Burden: 4,200 hours.

    Total Estimated Annual Other Costs Burden: $8,736.

    B. Executive Orders 12866 and 13563 (Regulatory Planning and Review)

    Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Department has considered this proposed rule with these principles in mind and has concluded that the regulated community will greatly benefit from this regulation.

    This rule's greatest benefit is that it provides the Longshore Program and the affected public the flexibility to make greater use of technology as it exists today and as it may be developed in the future. In some instances, the current regulations restrict the means of delivery or receipt when not required by the statute's terms. See, e.g., 20 CFR 702.215 (notice effected by “delivery by hand or mail”); 20 CFR 702.104(b) (case transfers must be accomplished by “registered or certified mail”). Eliminating these restrictions where appropriate and consistent with the statute will broaden available transmission methods. From the Department's view, this rule will allow easier and more efficient transmission of critical documents and information to OWCP, and allow OWCP to take advantage of more efficient means of delivery to parties. And the regulated community, which has asked the Department to allow more modern transmission methods to be used, will be able to use electronic technologies that they routinely employ when communicating with other entities.

    All currently used methods of submitting documents will remain available to OWCP, the parties, and the parties' representatives. OWCP will continue to accept documents delivered by hand or routine mail and the parties may communicate with each other in the same way. Thus, a party or representative may continue to send and receive claim-related documents and information in the same manner as it currently does. But the rule will in many cases give the parties additional transmission options.

    In addition, allowing parties and representatives to waive their right to registered or certified mail service of compensation orders will expedite compensation payments. This is an important benefit to the proposed rule: Faster delivery of compensation orders via electronic transmission will result in more expeditious payment of benefits to injured workers.

    The Department has also considered whether the parties will realize any monetary benefits or incur any additional costs in light of this rule. The rule expands opportunities for parties and their representatives to submit and receive documents and does not require deviation from current practice. So the rule imposes no additional expense. To the contrary, the Department anticipates that the rule will provide some savings because an electronically transmitted document does not require postage or reproduction of multiple hard copies. Although difficult to quantify, the Department estimates that initial usage of electronic means of transmission will be approximately 13%, with increased usage possible in the future.

    Finally, because this is not a “significant” rule within the meaning of Executive Order 12866, the Office of Management and Budget has not reviewed it prior to publication.

    C. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531 et seq., directs agencies to assess the effects of Federal Regulatory Actions on State, local, and tribal governments, and the private sector, “other than to the extent that such regulations incorporate requirements specifically set forth in law.” 2 U.S.C. 1531. For purposes of the Unfunded Mandates Reform Act, this proposed rule does not include any Federal mandate that may result in increased expenditures by State, local, tribal governments, or increased expenditures by the private sector of more than $100,000,000.

    D. Regulatory Flexibility Act and Executive Order 13272 (Proper Consideration of Small Entities in Agency Rulemaking)

    The Regulatory Flexibility Act of 1980, as amended, 5 U.S.C. 601 et seq. (RFA), requires agencies to evaluate the potential impacts of their proposed and final rules on small businesses, small organizations, and small governmental jurisdictions and to prepare an analysis (called a “regulatory flexibility analysis”) describing those impacts. See 5 U.S.C. 601, 603-604. But if the rule is not expected to “have a significant economic impact on a substantial number of small entities[,]” the RFA allows an agency to so certify in lieu of preparing the analysis. See 5 U.S.C. 605.

    The Department has determined that a regulatory flexibility analysis under the RFA is not required for this rulemaking. Many Longshore employers and a handful of insurance carriers may be considered small entities within the meaning of the RFA. See generally 77 FR 19471-72 (March 30, 2012); 69 FR 12222-23 (March 15, 2004). But this rule, if adopted, will not have a significant economic impact on these entities for several reasons. First, the revisions do not impose mandatory change on the employers. Instead, employers may choose to transmit documents and related information in the same manner as they do under the current rules. Second, although the proposed rules allow insurance companies to report the issuance of policies and endorsements electronically, these companies—virtually without exception—have been voluntarily reporting coverage in the manner the proposed rule allows for several years. No change in their conduct will be required. Third, because the proposed rule provides more flexibility for employers and insurers in transmitting documents and information, the Department anticipates that these entities could see some economic savings by having the freedom to choose the most cost-effective transmission method for their businesses.

    Based on these facts, the Department certifies that this rule will not have a significant economic impact on a substantial number of small entities. Thus, a regulatory flexibility analysis is not required. The Department invites comments from members of the public who believe the regulations will have a significant economic impact on a substantial number of small Longshore employers or insurers. The Department has provided the Chief Counsel for Advocacy of the Small Business Administration with a copy of this certification. See 5 U.S.C. 605.

    E. Executive Order 13132 (Federalism)

    The Department has reviewed this proposed rule in accordance with Executive Order 13132 regarding federalism, and has determined that it does not have “federalism implications.” E.O. 13132, 64 FR 43255 (August 4, 1999). The proposed rule will not “have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” Id.

    F. Executive Order 12988 (Civil Justice Reform)

    This proposed rule meets the 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.

    List of Subjects 20 CFR Part 702

    Administrative practice and procedure, Claims, Health professions, Insurance companies, Longshore and harbor workers, Reporting and recordkeeping requirements, Workers' compensation.

    20 CFR Part 703

    Insurance companies, Longshore and harbor workers, Reporting and recordkeeping requirements, Workers' compensation.

    For the reasons set forth in the preamble, the Department of Labor proposes to amend 20 CFR parts 702 and 703 as follows:

    PART 702—ADMINISTRATION AND PROCEDURE 1. The authority citation for part 702 is revised to read as follows: Authority:

    5 U.S.C. 301, and 8171 et seq.; 33 U.S.C. 901 et seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1333; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary's Order 10-2009, 74 FR 58834.

    2. Add § 702.101 to subpart A to read as follows:
    § 702.101 Exchange of documents and information.

    (a) Except as otherwise required by the regulations in this subchapter, all documents and information sent to OWCP under this subchapter must be submitted—

    (1) In hard copy by postal mail, commercial delivery service (such as Federal Express or United Parcel Service), or hand delivery;

    (2) Electronically through an OWCP-authorized system; or

    (3) As otherwise allowed by OWCP.

    (b) Except as otherwise required by the regulations in this subchapter, all documents and information sent under this subchapter by OWCP to parties and their representatives or from any party or representative to another party or representative must be sent—

    (1) In hard copy by postal mail, commercial delivery service (such as Federal Express or United Parcel Service), or hand delivery;

    (2) Electronically by a reliable electronic method if the receiving party or representative agrees in writing to receive documents and information by that method; or

    (3) Electronically through an OWCP-authorized system that provides service of documents on the parties and their representatives.

    (c) Reliable electronic methods for delivering documents include, but are not limited to, email, facsimile and Web portal.

    (d) Any party or representative may revoke his or her agreement to receive documents and information electronically by giving written notice to OWCP, the party, or the representative with whom he or she had agreed to receive documents and information electronically, as appropriate.

    (e) The provisions in paragraphs (a) through (d) of this section apply when parties are directed by the regulations in this subchapter to: Advise; apply; approve; authorize; demand; file; forward; furnish; give; give notice; inform; issue; make; notice, notify; provide; publish; receive; recommend; refer; release; report; request; respond; return; send; serve; service; submit; or transmit.

    (f) Any reference in this subchapter to an application, copy, filing, form, letter, written notice, or written request includes both hard-copy and electronic documents.

    (g) Any requirement in this subchapter that a document or information be submitted in writing, or that it be signed, executed, or certified does not preclude its submission or exchange electronically.

    (h) Any reference in this subchapter to transmitting information to an entity's address may include that entity's electronic address or electronic portal.

    (i) Any requirement in this subchapter that a document or information—

    (1) Be sent to a specific district director means that the document or information should be sent to the physical or electronic address provided by OWCP for that district director; and

    (2) Be filed by a district director in his or her office means that the document or information may be filed in a physical or electronic location specified by OWCP for that district director.

    3. Revise § 702.102 to read as follows:
    § 702.102 Establishment and modification of compensation districts, establishment of suboffices and jurisdictional areas.

    (a) The Director has, pursuant to section 39(b) of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 939(b), established compensation districts as required for improved administration or as otherwise determined by the Director (see 51 FR 4282, Feb. 3, 1986). The boundaries of the compensation districts may be modified at any time, and the Director will notify all interested parties directly of the modifications.

    (b) As administrative exigencies from time to time may require, the Director may, by administrative order, establish special areas outside the continental United States, Alaska, and Hawaii, or change or modify any areas so established, notwithstanding their inclusion within an established compensation district. Such areas will be designated “jurisdictional areas.” The Director will also designate which of his district directors will be in charge thereof.

    (c) To further aid in the efficient administration of the OWCP, the Director may from time to time establish suboffices within compensation districts or jurisdictional areas, and will designate a person to be in charge thereof.

    4. Revise § 702.103 to read as follows:
    § 702.103 Effect of establishment of suboffices and jurisdictional areas.

    Whenever the Director establishes a suboffice or jurisdictional area, those reports, records, or other documents with respect to processing of claims that are required to be filed with the district director of the compensation district in which the injury or death occurred, may instead be required to be filed with the suboffice, or office established for the jurisdictional area.

    5. Revise § 702.104(b) to read as follows:
    § 702.104 Transfer of individual case file.

    (b) The district director making the transfer may by letter or memorandum to the district director to whom the case is transferred give advice, comments, suggestions, or directions if appropriate to the particular case. All interested parties will be advised of the transfer.

    6. In § 702.174, revise the introductory text of paragraph (a), paragraph (b), and the introductory text of paragraph (d) to read as follows:
    § 702.174 Exemptions; necessary information.

    (a) Application. Before any facility is exempt from coverage under the Act, the facility must apply for and receive a certificate of exemption from the Director or his/her designee. The application must be made by the owner of the facility; where the owner is a partnership it must be made by a partner and where a corporation by an officer of the corporation or the manager in charge of the facility for which an exemption is sought. The information submitted must include the following:

    (b) Action by the Director. The Director or his/her designee must review the application within thirty (30) days of its receipt.

    (1) Where the application is complete and shows that all requirements under § 702.173 are met, the Director must promptly notify the employer that certification has been approved and will be effective on the date specified. The employer is required to post notice of the exemption at a conspicuous location.

    (2) Where the application is incomplete or does not substantiate that all requirements of section 3(d) of the Act, 33 U.S.C. 903(d), have been met, or evidence shows the facility is not eligible for exemption, the Director must promptly notify the employer by issuing a letter which details the reasons for the deficiency or the rejection. The employer/applicant may reapply for certification, correcting deficiencies and/or responding to the reasons for the Director's denial. The Director or his/her designee must issue a new decision within a reasonable time of reapplication following denial. Such action will be the final administrative review and is not appealable to the Administrative Law Judge or the Benefits Review Board.

    (d) Action by the employer. Immediately upon receipt of the certificate of exemption from coverage under the Act the employer must post:

    7. Revise § 702.203 to read as follows:
    § 702.203 Employer's report; how given.

    (a) The employer must file its report of injury with the district director.

    (b) If the employer sends its report of injury by U.S. postal mail or commercial delivery service, the report will be considered filed on the date that the employer mails the document or gives it to the commercial delivery service. If the employer sends its report of injury by a permissible electronic method, the report will be considered filed on the date that the employer completes all steps necessary for the transmission.

    8. Revise § 702.215 to read as follows:
    § 702.215 Notice; how given.

    Notice must be effected by delivering it to the individual designated to receive such notices at the physical or electronic address designated by the employer. Notice may be given to the district director by submitting a copy of the form supplied by OWCP to the district director, or orally in person or by telephone.

    9. Revise § 702.224 to read as follows:
    § 702.224 Claims; notification of employer of filing by employee.

    Within 10 days after the filing of a claim for compensation for injury or death under the Act, the district director must give written notice thereof to the employer or carrier.

    10. Revise § 702.234 to read as follows:
    § 702.234 Report by employer of commencement and suspension of payments.

    Immediately upon making the first payment of compensation, and upon the suspension of payments once begun, the employer must notify the district director who is administering the claim of the commencement or suspension of payments, as the case may be.

    11. In § 702.243, revise paragraphs (a) and (b), the first two sentences of paragraph (c), the introductory text of paragraph (f), and paragraph (g) to read as follows:
    § 702.243 Settlement application; how submitted, how approved, how disapproved, criteria.

    (a) When the parties to a claim for compensation, including survivor benefits and medical benefits, agree to a settlement they must submit a complete application to the adjudicator. The application must contain all the information outlined in § 702.242 and must be sent by certified mail with return receipt requested, commercial delivery service with tracking capability that provides reliable proof of delivery to the adjudicator, or electronically through an OWCP-authorized system. Failure to submit a complete application will toll the thirty day period mentioned in section 8(i) of the Act, 33 U.S.C. 908(i), until a complete application is received.

    (b) The adjudicator must consider the settlement application within thirty days and either approve or disapprove the application. The liability of an employer/insurance carrier is not discharged until the settlement is specifically approved by a compensation order issued by the adjudicator. However, if the parties are represented by counsel, the settlement will be deemed approved unless specifically disapproved within thirty days after receipt of a complete application. This thirty day period does not begin until all the information described in § 702.242 has been submitted. The adjudicator will examine the settlement application within thirty days and must immediately serve on all parties notice of any deficiency. This notice must also indicate that the thirty day period will not commence until the deficiency is corrected.

    (c) If the adjudicator disapproves a settlement application, the adjudicator must serve on all parties a written statement or order containing the reasons for disapproval. This statement must be served within thirty days of receipt of a complete application (as described in § 702.242) if the parties are represented by counsel. * * *

    (f) When presented with a settlement, the adjudicator must review the application and determine whether, considering all of the circumstances, including, where appropriate, the probability of success if the case were formally litigated, the amount is adequate. The criteria for determining the adequacy of the settlement application will include, but not be limited to:

    (g) In cases being paid pursuant to a final compensation order, where no substantive issues are in dispute, a settlement amount which does not equal the present value of future compensation payments commuted, computed at the discount rate specified below, must be considered inadequate unless the parties to the settlement show that the amount is adequate. The probability of the death of the beneficiary before the expiration of the period during which he or she is entitled to compensation will be determined according to the most current United States Life Table, as developed by the United States Department of Health and Human Services, which will be updated from time to time. The discount rate will be equal to the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of 52 weeks U.S. Treasury Bills settled immediately prior to the date of the submission of the settlement application.

    12. Revise § 702.251 to read as follows:
    § 702.251 Employer's controversion of the right to compensation.

    Where the employer controverts the right to compensation after notice or knowledge of the injury or death, or after receipt of a written claim, he must give notice thereof, stating the reasons for controverting the right to compensation, using the form prescribed by the Director. Such notice, or answer to the claim, must be filed with the district director within 14 days from the date the employer receives notice or has knowledge of the injury or death. A copy of the notice must also be given to the claimant.

    13. Revise § 702.261 to read as follows:
    § 702.261 Claimant's contest of actions taken by employer or carrier with respect to the claim.

    Where the claimant contests an action by the employer or carrier reducing, suspending, or terminating benefits, including medical care, he should immediately notify the office of the district director who is administering the claim and set forth the facts pertinent to his complaint.

    14. In § 702.272, revise the last two sentences of paragraph (a) and paragraph (b) to read as follows:
    § 702.272 Informal recommendation by district director.

    (a) * * * If the district director determines that no violation occurred he must notify the parties of his findings and the reasons for recommending that the complaint be denied. If the employer and employee accept the district director's recommendation, within 10 days it will be incorporated in an order, to be filed and served in accordance with § 702.349.

    (b) If the parties do not agree to the recommendation, the district director must, within 10 days after receipt of the rejection, prepare a memorandum summarizing the disagreement, send a copy to all interested parties, and within 14 days thereafter, refer the case to the Office of the Chief Administrative Law Judge for hearing pursuant to § 702.317.

    15. In § 702.281, revise the introductory text of paragraph (a) and the last sentence of paragraph (b) to read as follows:
    § 702.281 Third party action.

    (a) Every person claiming benefits under this Act (or the representative) must promptly notify the employer and the district director when:

    (b) * * * The approval must be on a form provided by OWCP and must be filed, within thirty days after the settlement is entered into, with the district director who is administering the claim.

    16. Revise § 702.315 to read as follows:
    § 702.315 Conclusion of conference; agreement on all matters with respect to the claim.

    (a) Following an informal conference at which agreement is reached on all issues, the district director must (within 10 days after conclusion of the conference), embody the agreement in a memorandum or within 30 days issue a formal compensation order, to be filed and served in accordance with § 702.349. If either party requests that a formal compensation order be issued, the district director must, within 30 days of such request, prepare, file, and serve such order in accordance with § 702.349. Where the problem was of such nature that it was resolved by telephone discussion or by exchange of written correspondence, the district director must prepare a memorandum or order setting forth the terms agreed upon and notify the parties either by telephone or in writing, as appropriate. In either instance, when the employer or carrier has agreed to pay, reinstate or increase monetary compensation benefits, or to restore or appropriately change medical care benefits, such action must be commenced immediately upon becoming aware of the agreement, and without awaiting receipt of the memorandum or the formal compensation order.

    (b) Where there are several conferences or discussions, the provisions of paragraph (a) of this section do not apply until the last conference. The district director must, however, prepare and place in his administrative file a short, succinct memorandum of each preceding conference or discussion.

    17. Revise § 702.317 to read as follows:
    § 702.317 Preparation and transfer of the case for hearing.

    A case is prepared for transfer in the following manner:

    (a) The district director will furnish each of the parties or their representatives with a copy of a prehearing statement form.

    (b) Each party must, within 21 days after receipt of such form, complete it and return it to the district director and serve copies on all other parties. Extensions of time for good cause may be granted by the district director.

    (c) Upon receipt of the completed forms, the district director, after checking them for completeness and after any further conferences that, in his or her opinion, are warranted, will transmit them to the Office of the Chief Administrative Law Judge by letter of transmittal together with all available evidence which the parties intend to submit at the hearings (exclusive of X-rays, slides and other materials not suitable for transmission which may be offered into evidence at the time of the hearing); the materials transmitted must not include any recommendations expressed or memoranda prepared by the district director pursuant to § 702.316.

    (d) If the completed pre-hearing statement forms raise new or additional issues not previously considered by the district director or indicate that material evidence will be submitted that could reasonably have been made available to the district director before he or she prepared the last memorandum of conference, the district director will transfer the case to the Office of the Chief Administrative Law Judge only after having considered such issues or evaluated such evidence or both and having issued an additional memorandum of conference in conformance with § 702.316.

    (e) If a party fails to complete or return his or her pre-hearing statement form within the time allowed, the district director may, at his or her discretion, transmit the case without that party's form. However, such transmittal must include a statement from the district director setting forth the circumstances causing the failure to include the form, and such party's failure to submit a pre-hearing statement form may, subject to rebuttal at the formal hearing, be considered by the administrative law judge, to the extent intransigence is relevant, in subsequent rulings on motions which may be made in the course of the formal hearing.

    18. Revise § 702.319 to read as follows:
    § 702.319 Obtaining documents from the administrative file for reintroduction at formal hearings.

    Whenever any party considers any document in the administrative file essential to any further proceedings under the Act, it is the responsibility of such party to obtain such document from the district director and reintroduce it for the record before the administrative law judge. The type of document that may be obtained will be limited to documents previously submitted to the district director, including documents or forms with respect to notices, claims, controversions, contests, progress reports, medical services or supplies, etc. The work products of the district director or his staff will not be subject to retrieval. The procedure for obtaining documents will be for the requesting party to inform the district director in writing of the documents he wishes to obtain, specifying them with particularity. Upon receipt, the district director must promptly forward a copy of the requested materials to the requesting party. A copy of the letter of request and a statement of whether it has been satisfied must be kept in the case file.

    19. In § 702.321, revise paragraphs (a)(1), (b), and (c) to read as follows:
    § 702.321 Procedures for determining applicability of section 8(f) of the Act.

    (a) Application: Filing, service, contents. (1) An employer or insurance carrier which seeks to invoke the provisions of section 8(f) of the Act must request limitation of its liability and file a fully documented application with the district director. A fully documented application must contain a specific description of the pre-existing condition relied upon as constituting an existing permanent partial disability and the reasons for believing that the claimant's permanent disability after the injury would be less were it not for the pre-existing permanent partial disability or that the death would not have ensued but for that disability. These reasons must be supported by medical evidence as specified in this paragraph. The application must also contain the basis for the assertion that the pre-existing condition relied upon was manifest in the employer and documentary medical evidence relied upon in support of the request for section 8(f) relief. This medical evidence must include, but not be limited to, a current medical report establishing the extent of all impairments and the date of maximum medical improvement. If the claimant has already reached maximum medical improvement, a report prepared at that time will satisfy the requirement for a current medical report. If the current disability is total, the medical report must explain why the disability is not due solely to the second injury. If the current disability is partial, the medical report must explain why the disability is not due solely to the second injury and why the resulting disability is materially and substantially greater than that which would have resulted from the subsequent injury alone. If the injury is loss of hearing, the pre-existing hearing loss must be documented by an audiogram which complies with the requirements of § 702.441. If the claim is for survivor's benefits, the medical report must establish that the death was not due solely to the second injury. Any other evidence considered necessary for consideration of the request for section 8(f) relief must be submitted when requested by the district director or Director.

    (b) Application: Time for filing. (1) A request for section 8(f) relief should be made as soon as the permanency of the claimant's condition becomes known or is an issue in dispute. This could be when benefits are first paid for permanent disability, or at an informal conference held to discuss the permanency of the claimant's condition. Where the claim is for death benefits, the request should be made as soon as possible after the date of death. Along with the request for section 8(f) relief, the applicant must also submit all the supporting documentation required by this section, described in paragraph (a) of this section. Where possible, this documentation should accompany the request, but may be submitted separately, in which case the district director must, at the time of the request, fix a date for submission of the fully documented application. The date must be fixed as follows:

    (i) Where notice is given to all parties that permanency will be an issue at an informal conference, the fully documented application must be submitted at or before the conference. For these purposes, notice means when the issue of permanency is noted on the form LS-141, Notice of Informal Conference. All parties are required to list issues reasonably anticipated to be discussed at the conference when the initial request for a conference is made and to notify all parties of additional issues which arise during the period before the conference is actually held.

    (ii) Where the issue of permanency is first raised at the informal conference and could not have reasonably been anticipated by the parties prior to the conference, the district director must adjourn the conference and establish the date by which the fully documented application must be submitted and so notify the employer/carrier. The date will be set by the district director after reviewing the circumstances of the case.

    (2) At the request of the employer or insurance carrier, and for good cause, the district director, at his/her discretion, may grant an extension of the date for submission of the fully documented application. In fixing the date for submission of the application under circumstances other than described above or in considering any request for an extension of the date for submitting the application, the district director must consider all the circumstances of the case, including but not limited to: Whether the claimant is being paid compensation and the hardship to the claimant of delaying referral of the case to the Office of Administrative Law Judges (OALJ); the complexity of the issues and the availability of medical and other evidence to the employer; the length of time the employer was or should have been aware that permanency is an issue; and, the reasons listed in support of the request. If the employer/carrier requested a specific date, the reasons for selection of that date will also be considered. Neither the date selected for submission of the fully documented application nor any extension therefrom can go beyond the date the case is referred to the OALJ for formal hearing.

    (3) Where the claimant's condition has not reached maximum medical improvement and no claim for permanency is raised by the date the case is referred to the OALJ, an application need not be submitted to the district director to preserve the employer's right to later seek relief under section 8(f) of the Act. In all other cases, failure to submit a fully documented application by the date established by the district director will be an absolute defense to the liability of the special fund. This defense is an affirmative defense which must be raised and pleaded by the Director. The absolute defense will not be raised where permanency was not an issue before the district director. In all other cases, where permanency has been raised, the failure of an employer to submit a timely and fully documented application for section 8(f) relief will not prevent the district director, at his/her discretion, from considering the claim for compensation and transmitting the case for formal hearing. The failure of an employer to present a timely and fully documented application for section 8(f) relief may be excused only where the employer could not have reasonably anticipated the liability of the special fund prior to the consideration of the claim by the district director. Relief under section 8(f) is not available to an employer who fails to comply with section 32(a) of the Act, 33 U.S.C. 932(a).

    (c) Application: Approval, disapproval. If all the evidence required by paragraph (a) of this section was submitted with the application for section 8(f) relief and the facts warrant relief under this section, the district director must award such relief after concurrence by the Associate Director, DLHWC, or his or her designee. If the district director or the Associate Director or his or her designee finds that the facts do not warrant relief under section 8(f) the district director must advise the employer of the grounds for the denial. The application for section 8(f) relief may then be considered by an administrative law judge. When a case is transmitted to the Office of Administrative Law Judges the district director must also attach a copy of the application for section 8(f) relief submitted by the employer, and notwithstanding § 702.317(c), the district director's denial of the application.

    20. Revise § 702.349 to read as follows:
    § 702.349 Formal hearings; filing and mailing of compensation orders; waiver of service; disposition of transcripts.

    (a) An administrative law judge must, within 20 days after the official termination of the hearing, deliver by mail, or otherwise, to the district director that administered the claim, the transcript of the hearing, other documents or pleadings filed with him with respect to the claim, and his signed compensation order. Upon receipt thereof, the district director, being the official custodian of all records with respect to claims he administers, must formally date and file the transcript, pleadings, and compensation order in his office. Such filing must be accomplished by the close of business on the next succeeding working day, and the district director must, on the same day as the filing was accomplished, serve a copy of the compensation order on the parties and on the representatives of the parties, if any. Service on the parties and their representatives must be made by certified mail unless a party has previously waived service by this method under paragraph (b) of this section.

    (b) All parties and their representatives are entitled to be served with compensation orders via registered or certified mail. Parties and their representatives may waive this right and elect to be served with compensation orders electronically by filing the appropriate waiver form with the district director responsible for administering the claim. To waive service by registered or certified mail, employers, insurance carriers, and their representatives must file form LS-801 (Waiver of Service by Registered or Certified Mail for Employers and/or Insurance Carriers), and claimants and their representatives must file form LS-802 (Waiver of Service by Registered or Certified Mail for Claimants and/or Authorized Representatives). A signature on a waiver form represents a knowing and voluntary waiver of that party's or representative's right to receive compensation orders via registered or certified mail.

    (1) Waiving parties and representatives must provide a valid electronic address on the waiver form.

    (2) Parties and representatives must submit a separate waiver form for each case in which they intend to waive the right to certified or registered mail service.

    (3) A representative may not sign a waiver form on a party's behalf.

    (4) All compensation orders issued in a claim after receipt of the waiver form will be sent to the electronic address provided on the waiver form. Any changes to the address must be made by submitting another waiver form. Individuals may revoke their service waiver at any time by submitting a new waiver form that specifies that the service waiver is being revoked.

    (5) If it appears that service in the manner selected by the individual has not been effective, the district director will serve the individual by certified mail.

    21. Revise § 702.372 to read as follows:
    § 702.372 Supplementary compensation orders.

    (a) In any case in which the employer or insurance carrier is in default in the payment of compensation due under any award of compensation, for a period of 30 days after the compensation is due and payable, the person to whom such compensation is payable may, within 1 year after such default, apply in writing to the district director for a supplementary compensation order declaring the amount of the default. Upon receipt of such application, the district director will institute proceedings with respect to such application as if such application were an original claim for compensation, and the matter will be disposed of as provided for in § 702.315, or if agreement on the issue is not reached, then as in §§ 702.316 through 702.319.

    (b) If, after disposition of the application as provided for in paragraph (a) of this section, a supplementary compensation order is entered declaring the amount of the default, which amount may be the whole of the award notwithstanding that only one or more installments is in default, a copy of such supplementary order must be filed and served in accordance with § 702.349. Thereafter, the applicant may obtain and file with the clerk of the Federal district court for the judicial district where the injury occurred or the district in which the employer has his principal place of business or maintains an office, a certified copy of said order and may seek enforcement thereof as provided for by section 18 of the Act, 33 U.S.C. 918.

    22. In § 702.432, revise the introductory text of paragraph (b), and paragraphs (b)(6) and (e) to read as follows:
    § 702.432 Debarment process.

    (b) Pertaining to health care providers and claims representatives. If after appropriate investigation the Director determines that proceedings should be initiated, written notice thereof must be provided to the physician, health care provider or claims representative. Notice must contain the following:

    (6) The name and address of the district director who will be responsible for receiving the answer from the physician, health care provider or claims representative.

    (e) The Director must issue a decision in writing, and must send a copy of the decision to the physician, health care provider or claims representative. The decision must advise the physician, health care provider or claims representative of the right to request, within thirty (30) days of the date of an adverse decision, a formal hearing before an administrative law judge under the procedures set forth herein. The filing of such a request for hearing within the time specified will operate to stay the effectiveness of the decision to debar.

    23. In § 702.433, revise paragraphs (a), (b), (e) and (f) to read as follows:
    § 702.433 Requests for hearing.

    (a) A request for hearing must be sent to the district director and contain a concise notice of the issues on which the physician, health care provider or claims representative desires to give evidence at the hearing with identification of witnesses and documents to be submitted at the hearing.

    (b) If a request for hearing is timely received by the district director, the matter must be referred to the Chief Administrative Law Judge who must assign it for hearing with the assigned administrative law judge issuing a notice of hearing for the conduct of the hearing. A copy of the hearing notice must be served on the physician, health care provider or claims representative.

    (e) The administrative law judge will issue a recommended decision after the termination of the hearing. The recommended decision must contain appropriate findings, conclusions and a recommended order and be forwarded, together with the record of the hearing, to the Administrative Review Board for a final decision. The recommended decision must be served upon all parties to the proceeding.

    (f) Based upon a review of the record and the recommended decision of the administrative law judge, the Administrative Review Board will issue a final decision.

    PART 703—INSURANCE REGULATIONS 24. The authority citation for part 703 is revised to read as follows: Authority:

    5 U.S.C. 301, and 8171 et seq.; 33 U.S.C. 901 et seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1333; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary's Order 10-2009, 74 FR 58834.

    25. In § 703.2, revise the introductory text of paragraph (a) to read as follows:
    § 703.2 Forms.

    (a) Any information required by the regulations in this part to be submitted to OWCP must be submitted on forms the Director authorizes from time to time for such purpose. Persons submitting forms may not modify the forms or use substitute forms without OWCP's approval. These forms must be submitted, sent, or filed in the manner prescribed by OWCP.

    26. Revise § 703.113 to read as follows:
    § 703.113 Marine insurance contracts.

    A longshoremen's policy, or the longshoremen's endorsement provided for by § 703.109 for attachment to a marine policy, may specify the particular vessel or vessels in respect of which the policy applies and the address of the employer at the home port thereof. The report of the issuance of a policy or endorsement required by § 703.116 must be made to DLHWC and must show the name and address of the owner as well as the name or names of such vessel or vessels.

    27. Revise § 703.114 to read as follows:
    § 703.114 Notice of cancellation.

    Cancellation of a contract or policy of insurance issued under authority of the Act will not become effective otherwise than as provided by 33 U.S.C. 936(b); 30 days before such cancellation is intended to be effective, notice of a proposed cancellation must be given to the district director and the employer in accordance with the provisions of 33 U.S.C. 912(c). The notice requirements of 33 U.S.C. 912(c) will be considered met when:

    (a) Notice to the district director is given by a method specified in § 702.101(a) of this chapter or in the same manner that reports of issuance of policies and endorsements are reported under § 703.116; and

    (b) Notice to the employer is given by a method specified in § 702.101(b) of this chapter.

    28. Revise § 703.116 to read as follows:
    § 703.116 Report by carrier of issuance of policy or endorsement.

    Each carrier must report to DLHWC each policy and endorsement issued by it to an employer whose employees are engaging in work subject to the Act and its extensions. Such reports must be made in a manner prescribed by OWCP. Reports made to an OWCP-authorized intermediary, such as an industry data collection organization, satisfy this reporting requirement.

    29. Revise § 703.117 to read as follows:
    § 703.117 Report; by whom sent.

    The report of issuance of a policy and endorsement provided for in § 703.116 or notice of cancellation provided for in § 703.114 must be sent by the home office of the carrier, except that any carrier may authorize its agency or agencies in any compensation district to make such reports, provided the carrier notifies DLHWC of the agencies so duly authorized.

    30. Revise § 703.118 to read as follows:
    § 703.118 Agreement to be bound by report.

    Every applicant for the authority to write insurance under the provisions of this Act, will be deemed to have included in its application an agreement that the acceptance by DLHWC of a report of insurance, as provided for by § 703.116, binds the carrier to full liability for the obligations under this Act of the employer named in said report, and every certificate of authority to write insurance under this Act will be deemed to have been issued by the Office upon consideration of the carrier's agreement to become so bound. It will be no defense to this agreement that the carrier failed or delayed to issue the policy to the employer covered by this report.

    § 703.119 [Removed and Reserved]
    31. Remove and reserve § 703.119. 32. Revise § 703.120 to read as follows:
    § 703.120 Name of one employer only in each report.

    For policies that are reported to DLHWC on Form LS-570 (Carrier's Report of Issuance of Policy), a separate report of the issuance of a policy and endorsement, provided for by § 703.116, must be made for each employer covered by a policy. If a policy is issued insuring more than one employer, a separate form LS-570 for each employer so covered must be sent to DLHWC in the manner described in § 703.116, with the name of only one employer on each form.

    § 703.502 [Removed and Reserved]
    33. Remove and reserve § 703.502. Signed at Washington, DC, this 25th day of February, 2015. Leonard J. Howie III, Director, Office of Workers' Compensation Programs.
    [FR Doc. 2015-05100 Filed 3-11-15; 8:45 am] BILLING CODE 4510-CR-P
    80 48 Thursday, March 12, 2015 Notices DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service RIN 0583-AD39 [Docket Number FSIS-2015-0006] Effective Date for Foreign Inspection Certificate Requirements AGENCY:

    Food Safety and Inspection Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    The Food Safety and Inspection Service (FSIS) is extending the effective date for foreign inspection certificate requirements to March 18, 2015, to ensure that countries have sufficient time to adjust to the new requirements for additional product information.

    DATES:

    Compliance date: Foreign Inspection certificate requirements: March 18, 2015.

    FOR FURTHER INFORMATION CONTACT:

    For further information contact Dan Engeljohn, Assistant Administrator, Office of Policy and Program Development, FSIS, U.S. Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 20250-3700, (202) 205-0495.

    SUPPLEMENTARY INFORMATION:

    Background

    On September 19, 2014, FSIS published a final rule, “Electronic Import Inspection Application and Certification of Imported Products and Foreign Establishments; Amendments to Facilitate the Public Health Information System (PHIS) and Other Changes to Import Inspection Regulations” (79 FR 56220). The final rule amended the meat, poultry, and egg products import regulations to provide for the Agency's Public Health Information System (PHIS) Import Component. The rule also removed from the regulations the discontinued “streamlined” import inspection procedures for Canadian product and required Sanitation Standard Operating Procedures (SOPs) at official import inspection establishments. In addition, the rule amended the regulations to delete overly prescriptive formatting and narrative requirements for foreign inspection certificates and to make the certificate requirements the same for imported meat, poultry, and egg products. The Agency also proposed to require additional information on the foreign inspection certificate so it would have complete foreign product information.

    The effective date of the final rule was November 18, 2014. However, to ensure that foreign countries have sufficient time to adjust to the new requirements for certifying the additional product information on foreign inspection certificates, FSIS will allow countries to continue using existing inspection certificates until March 18, 2015. FSIS announced the March 18, 2015, effective date for foreign inspection certificates in a Constituent Update that published on October 31, 2014 (http://www.fsis.usda.gov/wps/portal/fsis/newsroom/meetings/newsletters/constituent-updates/archive/2014/ConstUpdate103114). In addition, in a letter issued to foreign countries, the Agency advised that it would allow countries to continue using existing foreign inspection certificates until March 18, 2015 (http://www.fsis.usda.gov/wps/wcm/connect/3c9c0fa4-fa3c-4ae1-bfb0-0286623009f2/Import-Rule-Letter-to-Foreign-Gov.pdf?MOD=AJPERES.

    Additional Public Notification

    Public awareness of all segments of rulemaking and policy development is important. Consequently, FSIS will announce this Federal Register publication on-line through the FSIS Web page located at: http://www.fsis.usda.gov/federal-register.

    FSIS also will make copies of this publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, and other types of information that could affect or would be of interest to our constituents and stakeholders. The Update is available on the FSIS Web page. Through the Web page, FSIS is able to provide information to a much broader, more diverse audience. In addition, FSIS offers an email subscription service which provides automatic and customized access to selected food safety news and information. This service is available at: http://www.fsis.usda.gov/subscribe. Options range from recalls to export information, regulations, directives, and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts.

    USDA Non-Discrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, or political beliefs, exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States under any program or activity conducted by the USDA.

    How to File a Complaint of Discrimination

    To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your authorized representative.

    Send your completed complaint form or letter to USDA by mail, fax, or email:

    Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410.

    Fax: (202) 690-7442.

    Email: [email protected]

    Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.), should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    Done, at Washington, DC on: March 9, 2015. Alfred V. Almanza, Acting Administrator.
    [FR Doc. 2015-05670 Filed 3-11-15; 8:45 am] BILLING CODE 3410-DM-P
    DEPARTMENT OF AGRICULTURE Office of Tribal Relations; Council for Native American Farming and Ranching AGENCY:

    Office of Tribal Relations, USDA.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    This notice announces a forthcoming meeting of The Council for Native American Farming and Ranching (CNAFR) a public advisory committee of the Office of Tribal Relations (OTR). Notice of the meetings are provided in accordance with section 10(a)(2) of the Federal Advisory Committee Act, as amended, (5 U.S.C. Appendix 2). This will be the third meeting of the 2014-2016 CNAFR term and will consist of, but is not limited to: a public comment period; updates on USDA programs and activities; and discussion of committee priorities. This meeting will be open to the public.

    DATES:

    The meeting will be held on March 25th from 2:00 p.m. to 5:30 p.m. and March 26th from 1:30 p.m. to 5:30 p.m. and March 27th from 8:30 a.m. to 4:30 p.m. The meeting will be open to the public. Note that a period for public comment will be held on March 25, 2015, from 2:30 p.m. to 5:00 p.m.

    ADDRESSES:

    The meeting and public comment period will be held at the Hilton Garden Inn Oklahoma City Bricktown, 328 East Sheridan Avenue, Oklahoma City, Oklahoma 73104 in the Cimarron-Red River Combo Room.

    Written Comments: Written comments may be submitted to: John Lowery, Designated Federal Officer, Office of Tribal Relations (OTR), 1400 Independence Ave. SW., Whitten Bldg., 500-A, Washington, DC 20250; by Fax: (202) 720-1058; or by email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Questions should be directed to John Lowery, Designated Federal Officer, Office of Tribal (OTR), 1400 Independence Ave. SW., Whitten Bldg., 500A, Washington, DC 20250; by Fax: (202) 720-1058 or email: [email protected]

    SUPPLEMENTARY INFORMATION:

    In accordance with the provisions of the Federal Advisory Committee Act (FACA) as amended (5 U.S.C. App. 2), USDA established an advisory council for Native American farmers and ranchers. The CNAFR is a discretionary advisory committee established under the authority of the Secretary of Agriculture, in furtherance of the settlement agreement in Keepseagle v. Vilsack that was granted final approval by the District Court for the District of Columbia on April 28, 2011.

    The CNAFR will operate under the provisions of the FACA and report to the Secretary of Agriculture. The purpose of the CNAFR is (1) to advise the Secretary of Agriculture on issues related to the participation of Native American farmers and ranchers in USDA farm loan programs; (2) to transmit recommendations concerning any changes to FSA regulations or internal guidance or other measures that would eliminate barriers to program participation for Native American farmers and ranchers; (3) to examine methods of maximizing the number of new farming and ranching opportunities created through the farm loan program through enhanced extension and financial literacy services; (4) to examine methods of encouraging intergovernmental cooperation to mitigate the effects of land tenure and probate issues on the delivery of USDA farm loan programs; (5) to evaluate other methods of creating new farming or ranching opportunities for Native American producers; and (6) to address other related issues as deemed appropriate.

    The Secretary of Agriculture selected a diverse group of members representing a broad spectrum of persons interested in providing solutions to the challenges of the aforementioned purposes. Equal opportunity practices were considered in all appointments to the CNAFR in accordance with USDA policies. The Secretary selected the members in September 2014. Interested persons may present views, orally or in writing, on issues relating to agenda topics before the CNAFR.

    Written submissions may be submitted to the contact person on or before March 20, 2015. Oral presentations from the public will be scheduled between approximately 2:30 p.m. to 5:00 p.m. on March 25th. Those individuals interested in making formal oral presentations should notify the contact person and submit a brief statement of the general nature of the issue they wish to present and the names and addresses of proposed participants by March 25, 2015. All oral presentations will be given three (3) to five (5) minutes depending on the number of participants.

    OTR will also make meeting room and all agenda topics available to the public via the OTR Web site: http://www.usda.gov/tribalrelations no later than 10 business days before the meeting and at the meeting. In addition, the minutes from the meeting will be posted on the OTR Web site. OTR welcomes the attendance of the public at the CNAFR meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact John Lowery, at least 10 business days in advance of the meeting.

    Leslie Wheelock, Director, Office of Tribal Relations.
    [FR Doc. 2015-05643 Filed 3-11-15; 8:45 am] BILLING CODE 3410-05-P
    DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Document Number AMS-NOP-15-0002; NOP-15-02] Notice of Meeting of the National Organic Standards Board AGENCY:

    Agricultural Marketing Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, as amended, (5 U.S.C. App.), the Agricultural Marketing Service (AMS) is announcing an upcoming meeting of the National Organic Standards Board (NOSB). Written public comments are invited in advance of the meeting, and the meeting will include scheduled time for oral comments from the public.

    DATES:

    The meeting will be held April 27-30, 2015, from 8:30 a.m. to 6 p.m. each day. The deadline to submit written public comments and sign up for oral public comments is Tuesday, April 7, 2015.

    ADDRESSES:

    The meeting will take place at the San Diego Marriott La Jolla, 4240 La Jolla Village Drive, La Jolla, CA 92037-1407, (858) 587-1414. Information and instructions pertaining to the meeting are posted at the following web address: http://www.ams.usda.gov/NOSBMeetings.

    FOR FURTHER INFORMATION CONTACT:

    For printed materials or additional information, write to Ms. Michelle Arsenault, Special Assistant, National Organic Standards Board, USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2648-So., Mail Stop 0268, Washington, DC 20250-0268; Phone: (202) 720-3252; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The NOSB makes recommendations about whether substances should be allowed or prohibited in organic production and/or handling, assists in the development of standards for organic production, and advises the Secretary on other aspects of the implementation of the Organic Foods Production Act (7 U.S.C. 6501-6522). The NOSB currently has six subcommittees working on various aspects of the Organic Program. The subcommittees are: Compliance, Accreditation, and Certification; Crops; Handling; Livestock; Materials/Genetically Modified Organisms; and Policy Development. The primary purpose of NOSB meetings is to provide an opportunity for the organic community to give input on proposed NOSB recommendations and discussion items. The meetings also allow the NOSB to receive updates from the USDA AMS National Organic Program (NOP) on issues pertaining to organic agriculture. The meeting will be open to the public. The meeting agenda, NOSB proposals and discussion documents, instructions for submitting and viewing public comments, and instructions for requesting a time slot for oral comments are available on the AMS Web site at http://www.ams.usda.gov/NOSBMeetings. The discussion documents and proposals encompass a wide range of topics, including: substances petitioned to the National List of Allowed and Prohibited Substances (National List), substances on the National List that require NOSB review before their 2016 and 2017 sunset dates, updates from working groups on technical issues, and amendments to guidance on organic policies. This meeting will serve as the NOSB's final review of substances that have a sunset date in 2016. This review will fulfill the NOSB's responsibilities described in the Organic Foods Production Act's sunset provision (section 2118(e)).

    Public Comments: Written public comments will be accepted through Tuesday, April 7, 2015 via www.regulations.gov. Comments received after that date may not be reviewed by the NOSB before the meeting. AMS strongly prefers comments to be submitted electronically; however, written comments may also be submitted by Tuesday, April 7, 2014 via mail to Ms. Michelle Arsenault, Special Assistant, National Organic Standards Board, USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2648-S, Mail Stop 0268, Washington, DC 20250-0268. Instructions for viewing all comments are posted at www.regulations.gov and http://www.ams.usda.gov/NOSBMeetings.

    The NOSB has scheduled time for oral comments from the public, and will accommodate as many individuals and organizations as possible during these sessions. Individuals and organizations wishing to make oral presentations at the meeting must pre-register to request one time slot by visiting http://www.ams.usda.gov/NOSBMeetings or by calling (202) 720-0081. The deadline to sign up for an oral public comment slot is Tuesday, April 7, 2014. All persons making oral presentations should also provide their comments in advance through the written comment process. Written submissions may contain supplemental information other than that presented in the oral presentation. Persons submitting written comments at the meeting are asked to provide two hard copies.

    Meeting Accommodations: The meeting hotel is ADA Compliant, and the USDA provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in this public meeting, please notify Michelle Arsenault at [email protected] or (202) 720-0081. Determinations for reasonable accommodation will be made on a case-by-case basis.

    Dated: March 9, 2015. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service.
    [FR Doc. 2015-05664 Filed 3-11-15; 8:45 am] BILLING CODE 3410-02-P
    DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2015-0001] Notice of Availability of a Pest Risk Analysis for the Importation of Fresh Cranberries From Chile Into the Continental United States AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Notice of availability.

    SUMMARY:

    We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with importation of fresh cranberry fruit from Chile into the continental United States. Based on the analysis, we have determined that the application of one or more designated phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh cranberries from Chile. We are making the pest risk analysis available to the public for review and comment.

    DATES:

    We will consider all comments that we receive on or before May 11, 2015.

    ADDRESSES:

    You may submit comments by either of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0001.

    Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2015-0001, 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-2015-0001 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:

    Mr. Nick Van Gorden, Regulatory Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851-2326.

    SUPPLEMENTARY INFORMATION:

    Under the regulations in “Subpart-Fruits and Vegetables” (7 CFR 319.56-1 through 319.56-71, referred to below as the regulations), the Animal and Plant Health Inspection Service (APHIS) prohibits or restricts the importation of fruits and vegetables into the United States from certain parts of the world to prevent plant pests from being introduced into or disseminated within the United States.

    Section 319.56-4 contains a performance-based process for approving the importation of certain fruits and vegetables that, based on the findings of a pest risk analysis, can be safely imported subject to one or more of the five designated phytosanitary measures listed in paragraph (b) of that section.

    APHIS received a request from the national plant protection organization (NPPO) of Chile to allow the importation of fresh cranberry fruit into the continental United States. As part of our evaluation of Chile's request, we have prepared a pest risk assessment (PRA) to identify pests of quarantine significance that could follow the pathway of importation into the continental United States from Chile. Based on the PRA, a risk management document (RMD) was prepared to identify phytosanitary measures that could be applied to the cranberries to mitigate the pest risk. We have concluded that fresh cranberry fruit can be safely imported from Chile to the continental United States using one or more of the five designated phytosanitary measures listed in § 319.56-4(b). These measures are:

    • The cranberries must be imported as commercial consignments only;

    • Each consignment of cranberries must be accompanied by a phytosanitary certificate issued by the NPPO of Chile; and

    • Each consignment of cranberries is subject to inspection upon arrival at the port of entry to the United States.

    Therefore, in accordance with § 319.56-4(c), we are announcing the availability of our PRA and RMD for public review and comment. The documents may be viewed on the Regulations.gov Web site or in our reading room (see ADDRESSES above for a link to Regulations.gov and information on the location and hours of the reading room). You may request paper copies of the PRA and RMD by calling or writing to the person listed under FOR FURTHER INFORMATION CONTACT. Please refer to the subject of the analysis you wish to review when requesting copies.

    After reviewing any comments we receive, we will announce our decision regarding the import status of fresh cranberry fruit from Chile in a subsequent notice. If the overall conclusions of our analysis and the Administrator's determination of risk remain unchanged following our consideration of the comments, then we will authorize the importation of fresh cranberry fruit from Chile into the continental United States subject to the requirements specified in the RMD.

    Authority:

    7 U.S.C. 450, 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 6th day of March 2015. Kevin Shea, Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2015-05656 Filed 3-11-15; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Forest Service Notice of Proposed New Fee Site: Federal Lands Recreation Enhancement Act AGENCY:

    Humboldt-Toiyabe National Forest, Forest Service, USDA.

    ACTION:

    Notice of proposed fee increase.

    SUMMARY:

    The Humboldt-Toiyabe National Forest, Bridgeport Ranger District is proposing to increase the fee for Christmas tree permits from $5.00 to $10.00 per tag (ie. an individual Christmas tree). This is a proposed fee, and a final determination will be based upon further analysis of the proposal and public comment. Funds from fees would be used for the continued operation, visitor services, maps, and law enforcement while issuing and enforcing Christmas Tree permits.

    DATES:

    Comments will be accepted through May 30, 2015. Increased fees would likely begin in November 2015.

    ADDRESSES:

    Jamie Fields, Recreation and Wilderness Program Manager, Humboldt-Toiyabe National Forest, 1200 Franklin Way, Sparks Nevada 89431.

    FOR FURTHER INFORMATION CONTACT:

    Jamie Fields, Recreation Fee Coordinator, 775-352-1254. Information about proposed fee changes can also be found on the Humboldt-Toiyabe National Forest Web site: http://www.fs.usda.gov/htnf.

    SUPPLEMENTARY INFORMATION:

    The Federal Recreation Lands Enhancement Act (Title VII, Pub. L. 108-447) directed the Secretary of Agriculture to publish a six month advance notice in the Federal Register whenever new recreation fee areas are established.

    Once public involvement is complete, the fee increases will be reviewed by a Recreation Resource Advisory Committee prior to a final decision and implementation.

    Dated: March 3, 2015. Bill Dunkelberger, Forest Supervisor.
    [FR Doc. 2015-05618 Filed 3-11-15; 8:45 am] BILLING CODE 3410-11-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-570-023, C-560-829] Certain Uncoated Paper From the People's Republic of China and Indonesia: Postponement of Preliminary Determinations in the Countervailing Duty Investigations AGENCY:

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

    FOR FURTHER INFORMATION CONTACT:

    Joy Zhang (PRC) at (202) 482-1168, or Kate Johnson at (202) 482-4929 (Indonesia), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.

    SUPPLEMENTARY INFORMATION:

    Background

    On February 10, 2015, the Department of Commerce (the Department) initiated the countervailing duty (CVD) investigations of certain uncoated paper from the People's Republic of China (PRC) and Indonesia.1 Currently, the preliminary determinations are due no later than April 16, 2015.

    1See Certain Uncoated Paper From the People's Republic of China and Indonesia: Initiation of Countervailing Duty Investigations, 80 FR 8598 (February 18, 2015).

    Postponement of Due Date for the Preliminary Determinations

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the preliminary determination in a CVD investigation within 65 days after the date on which the Department initiated the investigation. However, if the petitioner makes a timely request for a postponement, section 703(c)(1)(A) of the Act allows the Department to postpone making the preliminary determination until no later than 130 days after the date on which the administering authority initiated the investigation.

    On February 23, 2015, the petitioners 2 in the investigation of certain uncoated paper from Indonesia timely requested that the deadline for the preliminary determination in that case be postponed in accordance with 19 CFR 351.205(e), citing the number and nature of subsidy programs under investigation. Similarly, on February 26, 2015, the petitioners in the investigation of certain uncoated paper from the PRC timely requested that the deadline for the preliminary determination in that case be postponed in accordance with 19 CFR 351.205(e), in order for the Department to have sufficient time to receive, analyze, and comment on the questionnaire responses of the mandatory respondents prior to the preliminary determination. Therefore, in accordance with section 703(c)(1)(A) of the Act, we are fully postponing the due date for the preliminary determinations to no later than 130 days after the day on which the investigations were initiated. However, as that date falls on a Saturday (i.e., June 20, 2015), the deadline for completion of the preliminary determinations is now June 22, 2015, the next business day.

    2 The petitioners are United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union; Domtar Corporation; Finch Paper LLC; P.H. Glatfelter Company; and Packaging Corporation of America (see February 23 and February 26, 2015, letters on the record of these investigations).

    This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(l).

    Dated: March 4, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-05699 Filed 3-11-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE U.S. Education Mission to Western Europe; Portugal, Spain, United Kingdom, France (Optional) September 21-25, 2015. AGENCY:

    International Trade Administration, Department of Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The United States (U.S.) Department of Commerce, International Trade Administration, is organizing an education mission to Portugal, Spain, United Kingdom (UK) with an optional stop to France. The Department of Commerce is partnering with the Department of State's EducationUSA Advising Centers in Portugal, Spain, and France and the Fulbright Commission in the UK to connect schools directly with potential students at fairs and provide market insight. The mission coincides with two popular European student fairs; Fulbright UK's College Day and the Council of International Schools (CIS) Paris fair. The mission schedule allows schools to consider attending these fairs as they are an additional opportunity to directly interact with potential students. However, participation is not required and registration and fees for both fairs is handled directly by the organizer and is at their discretion. This trade mission emphasizes U.S. higher education, focusing on undergraduate programs and community colleges. Institutions seeking to participate should be accredited by a recognized accreditation body listed in Council for Higher Education Accreditation (CHEA) or Accrediting Council for Education and Training (ACCET), in the Association of Specialized and Professional Accreditors (ASPA), or any accrediting body recognized by the U.S. Department of Education.

    Mission Scenario

    Participation in the mission will include the following:

    • Pre-travel briefings/webinars • U.S. Embassy/consulate and industry briefings • Reception with Ambassador or other high ranking official (if available) • Student Fairs and local visits (see itinerary) • Some transportation • Optional stop in Paris with student workshop EducationUSA, presentations. Proposed Mission Schedule—September 21-25, 2015 Lisbon, Portugal—September 21, 2015
    Sunday, September 20, 2015 —Arrive in Lisbon, Portugal and check into hotel Monday, September 21, 2015 Lisbon, Portugal 9:00 a.m. Briefing with U.S. and Foreign Commercial Service and Public Affairs (Transportation to U.S. Embassy provided) 10:30 a.m. One-on-One meetings (U.S. Embassy) 12:30 p.m. Working Lunch (U.S. Embassy) 2:00 p.m. Site Visit 6:00 p.m. Education Fair organized by EducationUSA (Transportion provided) Madrid, Spain Tuesday, September 22, 2015 8:00 a.m. Depart Lisbon, Portugal for Madrid, Spain (transportation from hotel to airport in Lisbon and from airport to hotel in Madrid provided) 11:30 a.m. Briefing (Hotel) 1:45 p.m. Working Lunch (Hotel) 3:00 p.m. One-to-One Meetings (Hotel) 5:30 p.m. EducationUSA fair (International Center School) Barcelona, Spain Wednesday, September 23, 2015 8:00 a.m. Travel to Barcelona (transport from hotel to train station provided in Madrid and from train station to hotel in Barcelona) (Recommended: High-speed train arrive 10:40), Hotel Check-in 11:45 a.m. One-to-One mtgs 4:00 p.m. EducationUSA Fair 8:00 p.m. Consulate General No Host event or networking London, United Kingdom Thursday, Sept 24 8:00 a.m. Depart Barcelona (Transportation from hotel to airport provided) 10:00 a.m. Arrive in London, UK (travel on own to hotel and to U.S. Embassy) 12:00 a.m. Working Lunch (U.S. Embassy) 1:00 p.m. Round Table Discussion with UK Industry Partners (U.S. Embassy) 2:30 p.m. Briefings with CS, Consular, Public Affairs (U.S. Embassy) 5:00 p.m. No host Dinner or free time Friday, Sept 25 9:00 a.m. Arrive at U.S. Embassy, Travel to Site visit to local sixth form college (transportation provided) 12:30 p.m. Official End of Mission

    ** From here participants may continue on own itinerary back to U.S. or other destinations, attend one or both of the following fairs, and/or continue on to optional stop in France on their own.**

    Optional Fairs With Separate Registration in UK and France Friday, September 25-Saturday, September 26, 2015 Fulbright UK's Annual College Days (Earl's Court Conference Center London, UK) Sunday, September 27, 2015 CIS Fair (Hotel Renaissance Paris, France) Paris, France (Optional Stop) Monday, September 28, 2015 9:00 a.m. Breakfast Briefing with U.S. and Foreign Commercial Service and Public Affairs (George Marshall Center) 11:00 a.m. One-on-One meetings (George Marshall Center) 12:30 p.m. Lunch 1:30 p.m. Resume Meetings 5:00 p.m. EducationUSA Student Workshop (George Marshall Center) Tuesday, September 29, 2015 —Departure to USA

    This mission will seek to connect U.S. higher education institutions to potential students and university/institution partners in Western Europe. The mission will include student fairs organized by EducationUSA, individualized meetings in the selected markets, U.S. Embassy briefings, site visits, and networking events. Lisbon, Madrid, Barcelona, London, and Paris are the cities targeted for recruiting students to the United States.

    Mission Goals

    The goals of the U.S. Education Mission to Europe are: (1) To help participants gain market exposure and to introduce participants to the vibrant European market in the cities of Lisbon, Madrid, Barcelona, London, and Paris; (2) to help participants assess current and future business prospects by establishing valuable contacts with prospective students and educational institutions/partners; and (3) to help participants develop market knowledge and relationships leading to student recruitment and potential partnerships.

    Participation Requirements

    All parties interested in participating in the mission to Europe must submit a complete application package for consideration to the U.S. Department of Commerce. All applicants will be evaluated on their ability to meet certain conditions and best satisfy the selection criteria as outlined below. The mission will open on a rolling basis to a minimum of 13 and a maximum of 15 appropriately accredited U.S. educational institutions. Both U.S. educational institutions already recruiting students and developing partnerships in the region and those who are new to recruiting and developing partnerships in the region may apply.

    Selection Criteria for Participation

    • Consistency of the applicant's goals and objectives with the stated scope of the mission.

    • Applicant's potential for doing business in Western Europe, including the likelihood of service exports (education)/knowledge transfer resulting from the mission.

    Referrals from political organizations and any documents containing references to partisan political activities (including political contributions) will be removed from an applicant's submission and will not be considered during the selection process.

    Conditions for Participation

    An applicant must submit a timely, completed, and signed mission application with supplemental application materials, including adequate information on course offerings, primary market objectives, and goals for participation. The institution must have appropriate accreditation as specified above. The institution must be represented at the student fair by an employee. No agents will be allowed to represent a school on the mission or participate at the student fair. Agents will also not be allowed into the fairs to solicit new partnerships. If the Department of Commerce receives an incomplete application, the Department may reject the application, request additional information, or take the lack of information into account when evaluating the applications.

    Participants must travel to stops in Portugal, Spain, United Kingdom on the mission. France is the only optional stop.

    Each applicant must certify that the services it seeks to export through the mission are either produced in the United States, or, if not, marketed under the name of a U.S. firm and have at least 51 percent U.S. content of the value of the service.

    Fees and Expenses

    After an institution has been selected to participate on the mission, a payment to the Department of Commerce in the form of a participation fee is required. The participation fee is $2,895 for one principal representative from each non-profit educational institution or educational institution with less than 500 employees and $2,927 for for-profit universities with over 500 employees.1 An institution can choose to participate in the optional stop in France for an additional $1,009 for one principal representative from each non-profit educational institution or educational institution with less than 500 employees and $1,026 for for-profit universities with over 500 employees. The fee for each additional representative is $500. Expenses for lodging, some meals, incidentals, and all travel (except transportation previously noted) will be the responsibility of each mission participant. The U.S. Department of Commerce can facilitate government rates in some hotels.

    1 An SME is defined as a firm with 500 or fewer employees or that otherwise qualifies as a small business under SBA regulations (see http://www.sba.gov/services/contractingopportunities/sizestandardstopics/index.html). Parent companies, affiliates, and subsidiaries will be considered when determining business size. Non-profit educational institutions will be considered SMEs for purposes of this guidance. The dual pricing reflects the Commercial Service's user fee schedule that became effective May 1, 2008 (see http://www.export.gov/newsletter/march2008/initiatives.html for additional information).

    Timeframe for Recruitment and Applications

    Mission recruitment will be conducted in an open and public manner, including publication in the Federal Register, posting on the Commerce Department trade mission calendar (http://export.gov/industry/education/) and other Internet Web sites, press releases to general and trade media, direct mail, notices by industry trade associations and other multiplier groups, and publicity at industry meetings, symposia, conferences, and trade shows. Recruitment for the mission will begin immediately and conclude no later than July 1, 2015. Applications for the mission will be accepted on a rolling basis. Applications received after July 1, 2015, will be considered only if space and scheduling constraints permit.

    Contact Information U.S. Export Assistance Centers Ms. Amy Freedman, Cleveland USEAC, 216-522-4737, International Trade Specialist, [email protected] Ms. Jennifer Moll, Detroit USEAC, 313-212-8693, Senior International Trade Specialist, [email protected] Mrs. Gabriela Zelaya, San Jose USEAC, 408-535-2757, ext. 107, International Trade Specialist, [email protected] U.S. and Foreign Commercial Service in Europe Ms. Janee Pierre-Louis, France, 33 (0)1 43 12 70 87, Commercial Officer, [email protected] Ms. Isabelle Singletary, France, [33] (0)1 43 12 70 63, Commercial Information Mgmt Specialist, [email protected] Mr. Pedro Ferreira, Portugal, [351] (21) 770-2572, Senior Commercial Specialist, Lisbon, [email protected] Mr. Jesus Garcia, Spain, 34-91-3081578, Senior Commercial Specialist, [email protected] Mrs. Chrystal Denys, United Kingdom, 44 20 7894 0432, Commercial Specialist, [email protected] Frank Spector, Trade Programs & Strategic Partnerships.
    [FR Doc. 2015-05594 Filed 3-11-15; 8:45 am] BILLING CODE 3510-DR-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-020, A-274-806] Melamine From the People's Republic of China and Trinidad and Tobago: Postponement of Preliminary Determinations of Antidumping Duty Investigations AGENCY:

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

    DATES:

    Effective March 12, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Paul Stolz (People's Republic of China) and Laurel LaCivita (Trinidad and Tobago), AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4474 and (202) 482-4243, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    On December 2, 2014, the Department of Commerce (“Department”) initiated antidumping duty investigations on melamine from the People's Republic of China (“PRC”) and Trinidad and Tobago.1 Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (“the Act”), and 19 CFR 351.205(b)(1) state that the Department will make a preliminary determination no later than 140 days after the date of the initiation. The current deadline for the preliminary determinations of these investigations is no later than April 21, 2015.

    1See Melamine from the People's Republic of China and Trinidad and Tobago: Initiation of Less-Than-Fair-Value Investigations, 79 FR 73037 (December 9, 2014).

    Postponement of Preliminary Determination

    On February 25, 2015, Cornerstone Chemical Company (“Petitioner”), made timely requests, pursuant to 19 CFR 351.205(e), for postponement of the preliminary determinations, in order to facilitate the Department's analysis of respondents' questionnaire responses and interested parties' surrogate value data submissions, to resolve other outstanding issues, and to issue any necessary supplemental questionnaires. Because there are no compelling reasons to deny the requests, in accordance with section 733(c)(1)(A) of the Act, the Department is postponing the deadline for the preliminary determinations by 50 days.

    For the reasons stated above, the Department, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determinations to no later than 190 days after the date on which the Department initiated these investigations. Therefore, the new deadline for the preliminary determinations is June 10, 2015. In accordance with section 735(a)(1) of the Act, the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations, unless postponed at a later date.

    This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1).

    Dated: March 4, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-05697 Filed 3-11-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD817 Gulf of Mexico Fishery Management Council (Council); Public Meeting AGENCY:

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

    ACTION:

    Notice of public meetings.

    SUMMARY:

    The Gulf of Mexico Fishery Management Council (Council) will hold meetings of the: Administrative Policy and Budget Committees, Law Enforcement, Data Collection, Gulf SEDAR, Sustainable Fisheries/Ecosystem, Mackerel, Spiny Lobster, Reef Fish and Shrimp Management Committees; in conjunction with a meeting of the Full Council. The Council will also hold a formal public comment session.

    DATES:

    The Council meetings will be held from 8:30 a.m. on Monday, March 30 until 3:45 p.m. on Thursday, April 2, 2015.

    ADDRESSES:

    Meeting address: The meetings will be held at the Golden Nugget Hotel, located at 151 Beach Boulevard, Biloxi, MS 39530.

    Council address: Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Douglas Gregory, Executive Director, Gulf of Mexico Fishery Management Council; telephone: (813) 348-1630; fax: (813) 348-1711; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The items of discussion for each individual management committee agenda are as follows:

    Administrative Policy/Budget Administrative Committees Agenda, Monday, March 30, 2015, 8:30 a.m.-10 a.m. • Review Draft Revisions to SOPPs • Review 2015 Budget Law Enforcement Management Committee Agenda, Monday, March 30, 2015, 10 a.m.-10:45 a.m. • Law Enforcement Advisory Panel (LEAP) Report Data Collection Management Committee Agenda, Monday, March 30, 2015, 10:45 a.m.-12 noon • Scoping/Options Paper for Electronic Charter Boat Reporting Recommendations Gulf SEDAR Management Committee Agenda, Monday, March 30, 2015, 1:30 p.m.-2 p.m. • SEDAR Schedule Review Sustainable Fisheries/Ecosystem Management Committee Agenda, Monday, March 30, 2015, 2 p.m.-3:30 p.m. • NOAA Climate Change Strategy • National Standard 1 Proposed Revisions • Final Action on Decal Requirement for Charter Vessels and Headboats • Ecosystem Scientific and Statistical Committee (SSC) Report Mackerel Management Committee Agenda, Monday, March 30, 2015, 3:30 p.m.-4:30 p.m. • Options Paper for Mackerel Gillnet Framework Action Spiny Lobster Management Committee Agenda, Monday, March 30, 2015, 4:30 p.m.-5 p.m. Lobster SSC recommendations - Recess - Reef Fish Management Committee Agenda, Tuesday, March 31, 2015, 8:30 a.m.-11:30 a.m. and 1 p.m. until 5 p.m. • Recreational Red Snapper Season Projections • Presentation on the Headboat Collaborative Program • Options Paper for Gag Annual Catch Limit (ACL), Annual Catch Target (ACT) and Seasons • Final Action on Greater Amberjack Framework Action • Scoping Summaries on Amendment 36—Red Snapper Individual Fishing Quota (IFQ) Modifications • Draft Amendment 28—Red Snapper Allocation • Draft Amendment 39—Regional Management of Recreational Red Snapper • Joint South Florida Management Options • Hogfish Overfishing Limits (OFL) and Acceptable Biological Catch (ABC) • Charge to the Reef Fish Headboat Advisory Panel (AP) • Other Reef Fish (SSC) Report - Recess - Shrimp Management Committee Agenda, Wednesday, April 1, 2015, 8:30 a.m.-10 a.m. • Biological Review of the Texas Closure • Summary of Shrimp Advisory Panel Meeting • Report on Penaeid Shrimp Maximum Sustainable Yield Acceptable Biological Catch Rule Workshop • Update on Shrimp Amendment 15 • Scoping document for Shrimp Amendment 17 • Shrimp SSC Summary Report Council Session Agenda, Wednesday, April 1, 2015, 10:15 a.m.-5 p.m. 10:15 a.m.-10:25 a.m.: Call to Order and Introductions, Adoption of Agenda and Approval of Minutes 10:25 a.m.-11:30 a.m.: (CLOSED SESSION) Advisory Panel Appointments 1 p.m.-3 p.m.: The Council will receive presentations on Mandatory Safety Exams for All Commercial Fishing Vessels, Notice of Intent for a Draft EIS for Expansion of Flower Garden Banks National Marine Sanctuary, and Draft Environmental Assessment for Amendment 6 to the Highly Migratory Species Fishery Management Plan (FMP). 3 p.m.-5 p.m.: The Council will receive public testimony on Final Action on Greater Amberjack Framework Action, Final Action on Shrimp Amendment 15 and Final Action on Eliminating Charter Vessel/Headboat Decal Requirement; open public comment period regarding other fishery issues or concerns. - Recess - Council Session Agenda, Thursday, April 2, 2015, 8:30 a.m.-3:45 p.m. 8:30 a.m.-9 a.m.: The Council will review and vote on Exempted Fishing Permits (EFPs), if any. 9 a.m.-12 noon: The Council will receive committee reports from the Administrative Policy/Budget, Law Enforcement, Data Collection, Gulf SEDAR, Sustainable Fisheries/Ecosystem, Mackerel and Shrimp Management Committees. 1:30 p.m.-3:15 p.m.: The Council will continue to receive committee reports from the Spiny Lobster and Reef Fish Management Committees. 3:15 p.m.-3:45 p.m.: The Council will review Other Business. - Adjourn -

    The Agenda is subject to change, and the latest version will be posted on the Council's file server, which can be accessed by going to the Council Web site at http://www.gulfcouncil.org and clicking on FTP Server under Quick Links. For meeting materials see folder “Briefing Books/Briefing Book 2015-03” on Gulf Council file server. The username and password are both “gulfguest”. The meetings will be Webcast over the internet. A link to the Webcast will be available on the Council's Web site, http://www.gulfcouncil.org.

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

    Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kathy Pereira at the Council Office (see ADDRESSES), at least 5 working days prior to the meeting.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: March 6, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-05588 Filed 3-11-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-887] Tetrahydrofurfuryl Alcohol From the People's Republic of China: Final Results of the Second Expedited Sunset Review of the Antidumping Duty Order AGENCY:

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

    SUMMARY:

    As a result of this sunset review, the Department of Commerce (“Department”) finds that revocation of the antidumping duty order on tetrahydrofurfuryl alcohol (“THFA”) from the People's Republic of China (“PRC”) would be likely to lead to continuation or recurrence of dumping. The magnitude of the dumping margins likely to prevail is indicated in the “Final Results of the Sunset Review” section of this notice.

    DATES:

    Effective Date: March 12, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Paul Stolz; AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-4474.

    SUPPLEMENTARY INFORMATION:

    Background

    On November 3, 2014, the Department initiated a sunset review of the antidumping duty order on THFA from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (“Act”).1 On November 6, 2014, Penn A Kem LLC (“PAK”), the petitioner in the THFA investigation, timely notified the Department that it intended to participate in the sunset review claiming domestic interested party status under 19 CFR 351.102(b)(29)(v) and section 771(9)(C) of the Act, as a domestic producer of THFA.2 The Department then received a complete substantive response filed by PAK on December 2, 2014, within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).3 The Department did not receive any responses from any respondent interested parties. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), we conducted an expedited (120-day) sunset review of the Order. As a result of this sunset review, the Department finds that revocation of the Order would likely lead to continuation or recurrence of dumping, at the levels indicated in the “Final Results of the Sunset Review” section of this notice, infra.

    1See Initiation of Five-year (“Sunset”) Review, 79 FR 65186 (November 3, 2014) (“Sunset Initiation”); see also Notice of Antidumping Duty Order: Tetrahydrofurfuryl Alcohol From the People's Republic of China, 69 FR 47911 (August 6, 2004) (“Order”).

    2See PAK's letter, “Sunset Review (Second Review) of the Antidumping Duty Order on Tetrahydrofurfuryl Alcohol From the People's Republic of China: Domestic Interested Party Notification of Intent to Participate,” dated November 6, 2014; see also 19 CFR 351.218(d)(1)(i).

    3See PAK's letter, “Sunset Review (Second Review) of the Antidumping Duty Order on Tetrahydrofurfuryl Alcohol From the People's Republic of China: Substantive Response to Notice of Initiation,” dated December 2, 2014.

    Scope of the Order

    The product covered by this order is THFA (C5H10O2). THFA, a primary alcohol, is a clear, water white to pale yellow liquid. THFA is a member of the heterocyclic compounds known as furans and is miscible with water and soluble in many common organic solvents. THFA is currently classifiable in the Harmonized Tariff Schedules of the United States (“HTSUS”) under subheading 2932.13.00.00. Although the HTSUS subheadings are provided for convenience and for customs purposes, the Department's written description of the merchandise subject to the order is dispositive.

    Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review is provided in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice.4 The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins of dumping likely to prevail if the order were revoked. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”).5 ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content.

    4See the Department's memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, entitled, “Issues and Decision Memorandum for the Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order on Tetrahydrofurfuryl Alcohol From the People's Republic of China,” dated concurrently with this notice.

    5 On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance's AD and CVD Centralized Electronic Service System (“IA ACCESS”) to AD and CVD Centralized Electronic Service System (“ACCESS”). The Web site location was changed from http://iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014).

    Final Results of the Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, the Department determines that revocation of the Order would be likely to lead to continuation or recurrence of dumping at weighted-average dumping margins up to 136.86 percent.

    Notification Regarding Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to administrative protective orders (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or 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.

    We are issuing and publishing the results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218.

    Dated: March 3, 2015.

    Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-05713 Filed 3-11-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket No. PTO-P-2015-0009] Grant of Interim Extension of the Term of U.S. Patent No. 5,610,059; Monovalent Lawsonia Intracellularis Bacterin Vaccine AGENCY:

    United States Patent and Trademark Office, Commerce.

    ACTION:

    Notice of Interim Patent Term Extension.

    SUMMARY:

    The United States Patent and Trademark Office has issued an order granting interim extension under 35 U.S.C. 156(d)(5) for a one-year interim extension of the term of U.S. Patent No. 5,610,059.

    FOR FURTHER INFORMATION CONTACT:

    Mary C. Till by telephone at (571) 272-7755; by mail marked to her attention and addressed to the Commissioner for Patents, Mail Stop Hatch-Waxman PTE, P.O. Box 1450, Alexandria, VA 22313-1450; by fax marked to her attention at (571) 273-7755; or by email to [email protected]

    SUPPLEMENTARY INFORMATION:

    Section 156 of Title 35, United States Code, generally provides that the term of a patent may be extended for a period of up to five years if the patent claims a product, or a method of making or using a product, that has been subject to certain defined regulatory review, and that the patent may be extended for interim periods of up to one year if the regulatory review is anticipated to extend beyond the expiration date of the patent.

    On January 15, 2015, the Arizona Board of Regents, on behalf of the University of Arizona, the patent owner of record, timely filed a second application under 35 U.S.C. 156(d)(5) for an interim extension of the term of U.S. Patent No. 5,610,059. The patent claims the veterinary biological product monovalent Lawsonia intracellularis bacterin vaccine. The original application indicates that Intervet, a licensee of the patent owner, submitted two Product License Applications (PLA) to the United States Department of Agriculture (USDA). In a letter dated April 12, 2011, USDA acknowledged receipt of the PLA for a multi-valent vaccine and assigned the vaccine product code 49L5.RO. In a letter dated December 22, 2011, USDA acknowledged receipt of a PLA for a monovalent vaccine of Lawsonia intracellularis bacterin and assigned the vaccine product code 2799.20.

    Review of the application indicates that, except for permission to market or use the product commercially, the subject patent would be eligible for an extension of the patent term under 35 U.S.C. 156, and that the patent should be extended for one year as required by 35 U.S.C. 156(d)(5)(B). Because the regulatory review period will continue beyond the extended expiration date of the patent, March 11, 2015, interim extension of the patent term under 35 U.S.C. 156(d)(5) is appropriate.

    An interim extension under 35 U.S.C. 156(d)(5) of the term of U.S. Patent No. 5,610,059 is granted for a period of one year from the extended expiration date of the patent.

    Dated: March 2, 2015. Andrew Hirshfeld, Deputy Commissioner for Patent Examination Policy, United States Patent and Trademark Office.
    [FR Doc. 2015-05581 Filed 3-11-15; 8:45 am] BILLING CODE 3510-16-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-941, C-570-942] Certain Kitchen Appliance Shelving and Racks From the People's Republic of China: Continuation of Antidumping Duty Order and Countervailing Duty Order AGENCY:

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

    SUMMARY:

    As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (the ITC) in their five-year (sunset) reviews that revocation of the antidumping (AD) order on certain kitchen appliance shelving and racks (kitchen racks) from the People's Republic of China (PRC) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the AD order. As a result of the determinations by the Department and the ITC that revocation of the countervailing duty (CVD) order on kitchen racks from the PRC would likely lead to a continuation or recurrence of a countervailable subsidy and material injury to an industry in the United States, the Department is publishing a notice of continuation of the CVD order.

    DATES:

    March 12, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Irene Gorelik, AD/CVD Operations, Office V (AD Order), or Mary Kolberg, AD/CVD Operations, Office I (CVD Order), Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6905 or (202) 482-1785, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    The Department published its Final AD Determination and Final CVD Determination on kitchen racks from the PRC on July 24, 2009, and July 27, 2009, respectively.1 On August 1, 2014, the Department initiated the first five-year (sunset) reviews of the AD Order and CVD Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 As a result of its reviews, the Department determined that revocation of the AD order would likely lead to a continuation or recurrence of dumping and that revocation of the CVD order on kitchen racks from the PRC would likely lead to a continuation or recurrence of a countervailable subsidy. Therefore, the Department notified the ITC of the magnitude of the margins likely to prevail should the AD order be revoked, and the net countervailable subsidy rates likely to prevail should the CVD order be revoked.3 On February 27, 2015, the ITC published its determination, pursuant to section 751(c) of the Act, that revocation of the AD Order and the CVD Order on kitchen racks from the PRC would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.4

    1See Certain Kitchen Appliance Shelving and Racks From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 74 FR 36656 (July 24, 2009) (Final AD Determination); see also Certain Kitchen Appliance Shelving and Racks from the People's Republic of China: Final Affirmative Countervailing Duty Determination, 74 FR 37012 (July 27, 2009) (Final CVD Determination).

    2See Initiation of Five-Year (“Sunset”) Review, 79 FR 44743 (August 1, 2014).

    3See Certain Kitchen Appliance Shelving and Racks from the People's Republic of China: Final Results of Expedited First Sunset Review of the Antidumping Duty Order, 79 FR 67423 (November 13, 2014) and accompanying Issues and Decision Memorandum; see also Certain Kitchen Appliance Shelving and Racks From China: Final Results of Expedited Sunset Review of the Countervailing Duty Order, 79 FR 73029 (December 9, 2014) and accompanying Issues and Decision Memorandum.

    4See Certain Kitchen Appliance Shelving and Racks From China: Determination (Investigation Nos. 701-TA-458 and 731-TA-1154 (Review)), 80 FR 10713 (February 27, 2015).

    Scope of the Order

    The merchandise covered by these orders consists of shelving and racks for refrigerators, freezers, combined refrigerator-freezers, other refrigerating or freezing equipment, cooking stoves, ranges, and ovens. Certain kitchen appliance shelving and racks are defined as shelving, baskets, racks (with or without extension slides, which are carbon or stainless steel hardware devices that are connected to shelving, baskets, or racks to enable sliding), side racks (which are welded wire support structures for oven racks that attach to the interior walls of an oven cavity that does not include support ribs as a design feature), and sub-frames (which are welded wire support structures that interface with formed support ribs inside an oven cavity to support oven rack assemblies utilizing extension slides) with the following dimensions:

    • Shelving and racks with dimensions ranging from 3 inches by 5 inches by 0.10 inch to 28 inches by 34 inches by 6 inches; or

    • Baskets with dimensions ranging from 2 inches by 4 inches by 3 inches to 28 inches by 34 inches by 16 inches; or

    • Side racks from 6 inches by 8 inches by 0.10 inch to 16 inches by 30 inches by 4 inches; or

    • Sub-frames from 6 inches by 10 inches by 0.10 inch to 28 inches by 34 inches by 6 inches.

    The subject merchandise is comprised of carbon or stainless steel wire ranging in thickness from 0.050 inch to 0.500 inch and may include sheet metal of either carbon or stainless steel ranging in thickness from 0.020 inch to 0.20 inch. The subject merchandise may be coated or uncoated and may be formed and/or welded. Excluded from the scope of the order is shelving in which the support surface is glass.

    The merchandise subject to these orders is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) statistical reporting numbers 8418.99.80.50, 7321.90.50.00, 7321.90.60.40, 7321.90.60.90, 8418.99.80.60, 8419.90.95.20, 8516.90.80.00, and 8516.90.80.10. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive.

    Continuation of the Orders

    As a result of the determinations by the Department and the ITC that revocation of the AD order would likely lead to a continuation or recurrence of dumping and that revociation of the CVD order would likely lead to continuation or recurrence of a countervailable subsidy and material injury to an industry in the United States, pursuant to Section 751(d)(2) of the Act, the Department hereby orders the continuation of the AD and CVD orders on kitchen racks from the PRC. U.S. Customs and Border Protection will continue to collect AD and CVD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise.

    The effective date of the continuation of the AD and CVD orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the AD order and CVD order not later than 30 days prior to the fifth anniversary effective date of the continuation.

    These five-year sunset reviews and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: March 6, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-05711 Filed 3-11-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD794 Pacific Fishery Management Council; Nearshore Species' Assessment Workshop AGENCY:

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

    ACTION:

    Notice of public workshop.

    SUMMARY:

    The Pacific Fishery Management Council (Pacific Council) will sponsor a nearshore species assessment workshop to evaluate catch data and proposed catch-per-unit-effort (CPUE) indices for 2015 west coast groundfish stock assessments for black rockfish, China rockfish, and kelp greenling off Oregon. The Nearshore Species Assessment Workshop is open to the public.

    DATES:

    The Nearshore Species Assessment Workshop will commence at 1 p.m. PT, Tuesday, March 31, 2015 and will continue through 5:30 p.m. or as necessary to complete business for the day. The workshop will continue on Wednesday, April 1, 2015 and Thursday, April 2, 2015 beginning at 8:30 a.m. and ending at 5:30 p.m. each day, or as necessary to complete business.

    ADDRESSES:

    The Nearshore Species Assessment Workshop will be held at the Sheraton Portland Airport Hotel, 8235 NE Airport Way, Portland, OR 97220; telephone: (503) 281-2500. The workshop will be held in the Cascade A/B Room on March 31 and April 1, and will move to the Garden A/B Room on April 2.

    Council address: Pacific Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384.

    FOR FURTHER INFORMATION CONTACT:

    Mr. John DeVore, Pacific Council; telephone: (503) 820-2413.

    SUPPLEMENTARY INFORMATION:

    The purpose of the Nearshore Species Assessment Workshop is to evaluate available catch and effort data proposed for developing CPUE indices to inform 2015 groundfish stock assessments for black and China rockfish, as well as the population of kelp greenling off Oregon. Recommendations regarding the data available for use in developing CPUE indices for black rockfish, China rockfish, and kelp greenling will be forwarded to Stock Assessment Teams that will be conducting the assessments for their consideration in preparing these assessments scheduled for formal review later in 2015. Other data and approaches to assessing the abundance and productivity of west coast black rockfish, China rockfish, and kelp greenling may also be discussed at the Nearshore Species Assessment Workshop. No management actions will be decided in this workshop.

    Although non-emergency issues not identified in the workshop agenda may come before the workshop participants for discussion, those issues may not be the subject of formal action during this workshop. Formal action at the workshop will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the workshop participants' intent to take final action to address the emergency.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for auxiliary aids should be directed to Mr. Kris Kleinschmidt at (503) 820-2425 at least 5 days prior to the workshop date.

    Dated: March 6, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-05586 Filed 3-11-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD804 New England Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The New England Fishery Management Council (Council) is scheduling a public meeting of its Ecosystem Based Fishery Management Committee to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

    DATES:

    This meeting will be held on Monday, March 30, 2015 at 1 p.m. and Tuesday, March 31, 2015 at 8:30 a.m.

    ADDRESSES:

    The meeting will be held at the Holiday Inn by the Bay, 88 Spring Street, Portland, ME 04101; telephone: (207) 775-2311; fax: (207) 772-4017

    Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950.

    FOR FURTHER INFORMATION CONTACT:

    Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465-0492.

    SUPPLEMENTARY INFORMATION:

    The Oversight Committee will evaluate available procedures to develop and implement Ecosystem Based Fisheries Management (EBFM) policy, based on a staff discussion document. To provide feedback to the EBFM Plan Development Team, the committee will discuss progress on developing scientific advice on modifying the Atlantic herring Acceptable Biological Catch control rule in Draft Amendment 8 to account for forage considerations and herring's role in the ecosystem. Finally, the committee will develop a letter commenting on NOAA Fisheries Draft Climate Strategy (documents available at http://www.nefmc.org/library/briefing-on-noaa-fisheries-draft-climate-science-strategy).

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

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465-0492, at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: March 6, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-05587 Filed 3-11-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE International Trade Administration Education Mission to Central America; March 16-19, 2015 AGENCY:

    International Trade Administration, Department of Commerce.

    ACTION:

    Amendment.

    SUMMARY:

    The United States Department of Commerce, International Trade Administration is amending the Notice published at 79 FR 34287, June 16, 2014, for the education mission to El Salvador and Honduras, with an optional stop in Nicaragua, from March 16-19, 2015 to revise the mission description from executive-led to non-executive led.

    FOR FURTHER INFORMATION CONTACT:

    U.S. Export Assistance Center Silicon Valley, Gabriela Zelaya, International Trade Specialist, Tel: 408-535-2757, ext. 107, Email: [email protected] Laura Gimenez, Commercial Officer, El Salvador, Tel: (011-503) 2501-3221, Email: [email protected] Aileen Nandi, Commercial Officer, El Salvador, Tel: (408) 535-2757, ext. 102, Email: [email protected] U.S. Export Assistance Center Lexington, Sara Moreno, International Trade Specialist, Tel: 859-225-7001, Email: [email protected] Frank Spector, International Trade Specialist. [FR Doc. 2015-05595 Filed 3-11-15; 8:45 am] BILLING CODE 3510-DR-P DEPARTMENT OF DEFENSE Office of the Secretary Guantanamo Bay to Dania Beach Submarine Fiber Optic Cable System (GTMO SFOC); Environmental Assessment (EA)/Finding of No Significant Impact (FONSI) AGENCY:

    U.S. Defense Information Systems Agency, DoD.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Defense Information Systems Agency (DISA) is announcing that it has prepared an Environmental Assessment (EA) and issued a Finding of No Significant Impact (FONSI) relating to DISA's evaluation of the Proposed Action and Alternatives to installing Submarine Fiber Optic Cable (SFOC) for communication purposes between the DISN Facilities at Miami FL and U.S. Naval Station Guantanamo Bay, Cuba (GTMO) in order to supply high Bandwidth to DoD activities at GTMO. This SFOC will improve long-haul communications between the continental U.S. (CONUS) and GTMO. The FONSI reports the studies that prove that there will be no significant environmental impact from the installation of this SFOC. This notice announces the availability of the final EA and FONSI to concerned agencies and the public.

    ADDRESSES:

    Requests to receive a copy of the EA or FONSI should be mailed to Defense Information Systems Agency, Public Affairs Officer, P.O. Box 549, Ft. Meade, MD 20755-0549. Arrangements must be made in advance to pick the documents, due to facility security requirements.

    FOR FURTHER INFORMATION CONTACT:

    DISA Public Affairs at 301-225-8100 or disa.meade.SPI.mbx.disa-pao or DISA, P.O. box 549, Ft. Meade, MD 20755-0549.

    SUPPLEMENTARY INFORMATION:

    Background: Pursuant to the Council on Environmental Quality (CEQ) regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA; 40 Code of Federal Regulations [CFR] parts 1500-1508) and 32 CFR part 188, Environmental Effects in the United States of DoD Actions, the U.S. Defense Information Systems Agency (DISA) prepared an Environmental Assessment (EA) to analyze the installation of a submarine fiber optic cable connecting the Defense Information System Network (DISN) node located at Guantanamo Bay (GTMO), Cuba to the DISN node located in Miami, FL. The DISA is a Department of Defense (DoD) combat support agency under the direction, authority and control of the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence (ASD [C31]).

    The Guantanamo Bay to Dania Beach Submarine Fiber Optic Cable System involves two existing, shore-based U.S. naval facilities where the GTMO SFOC will be landed end-to-end. On the CONUS end, the cable will be landed at the U.S. Navy's South Florida Ocean Measurement Facility (SFOMF) at Dania Beach, Florida; from there, the GTMO SFOC will span the entirety of Florida's Territorial Waters (3 nautical miles [nm]), extending through the U.S. Territorial Sea (12 nm) and Contiguous Zone (24 nm), with the majority of the cable system passing through a combination of the U.S. Exclusive Economic Zone (EEZ), the Bahamian EEZ, and the Cuban EEZ to the nearshore landing at the American Naval Station Guantanamo Bay (NAVSTAGTMO). The DISA will lease commercial dark fiber to facilitate the terrestrial connection between SFOMF and the Network Access Point (NAP) of the Americas in Miami, Florida to provide DISN node-to-node connection.

    Purpose and Need: The purpose of the Proposed Action is to improve long-haul communications between the continental U.S. (CONUS) and GTMO. Long-haul communications requirements at GTMO are currently provided by commercial satellite services. A Submarine Fiber Optic Cable (SFOC) provides significantly more bandwidth than satellite services, exhibits very low latency, and is not subject to adverse atmospheric conditions, such as severe weather (for example, tropical rain storms and hurricanes). Therefore, the SFOC will increase the level and reliability of communication service between CONUS and GTMO. The attached EA and this FONSI were prepared in compliance with the NEPA (42 U.S.C. 4321-4347), CEQ regulations for implementing the procedural provisions of the NEPA (40 Code of Federal Regulations [CFR] parts 1500-1508), and 32 CFR part 188, Environmental Effects in the United States of DoD Actions. The attached EA considers all potential impacts of the Proposed Action and Alternatives, including the No Action Alternative. This Finding of No Significant Impact (FONSI) summarizes the DISA's evaluation of the Proposed Action and Alternatives.

    Alternatives Considered: Dania Beach, Florida Nearshore Cable Route Alternatives—Two action alternatives were analyzed for the nearshore installation route proposed at Dania Beach, Florida within the 12 nm limit of NEPA applicability. Of these two alternatives, Alternative 2 (Preferred) involving the bundling of the GTMO SFOC to the existing CS-125 cable that has been installed through the nearshore coral reef tracks was selected. This alternative provides the greatest degree of natural resource protection as it is co-located through a corridor that has previously received environmental agency clearances.

    Guantanamo Bay, Cuba Nearshore Cable Route Alternatives—Of the three alternatives considered, Alternative 3 (Glass Beach) was selected as the preferred landing site which contains an existing concrete landing station supporting two subaqueous utility lines and communication infrastructure coming ashore at this location. Co-locating the GTMO SFOC cable within this existing corridor provides the greatest degree of environmental impact avoidance and minimization within the nearshore environment.

    Deepwater Cable Route Alternatives—Three deepwater route alternatives with a common divergence point outside the U.S. were evaluated as part of the route planning process. These alternatives were not analyzed with respect to impacts on the human or natural environment because the DISA determined that the action of a one time, direct-laid SFOC system on the seabed has been demonstrated in past project actions at SFOMF and worldwide to ordinarily have only a minor, localized, and transient effect on the environment. Therefore, the action lacks the potential to cause significant harm to the environment outside the U.S. and meets the exemption requirement (E2.3.3.1.1) to prepare environmental documentation under Executive Order (E.O.) 12114, Environmental Effects Abroad of Major Federal Actions.

    No Action Alternative—The No Action Alternative would be not to proceed with the GTMO SFOC system project linking NAVSTAGTMO at Guantanamo Bay, Cuba with the SFOMF facility at Dania Beach, Florida. NAVSTAGTMO would continue to operate with existing satellite communication capabilities which would not meet the operational need for reliability and additional bandwidth.

    Conclusion: The GTMO SFOC EA was prepared and evaluated pursuant to NEPA, CEQ regulations at 40 CFR parts 1500-1508, and 32 CFR part 188. It has been concluded that, based on the analyses presented in the GTMO SFOC EA, the DISA has determined that no significant direct, indirect, or cumulative impacts would occur as a result of the Proposed Action. Therefore, no further study under NEPA is required, and a FONSI is thus warranted. In addition, the Proposed Action lacks the potential to cause significant harm to the environment outside the U.S. and thus is exempt from further environmental analyses under Executive Order 12114. Accordingly, the DISA approved the installation and operation of the GTMO SFOC.

    Dated: March 9, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-05638 Filed 3-11-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System [Docket Number 2015-0013] Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Requests for Equitable Adjustment AGENCY:

    Defense Acquisition Regulations System, Department of Defense (DoD).

    ACTION:

    Notice and request for comments regarding a proposed extension of an approved information collection requirement.

    SUMMARY:

    In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; (b) the accuracy of the 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 the use of automated collection techniques or other forms of information technology.

    The Office of Management and Budget (OMB) has approved this information collection for use through August 31, 2015. DoD proposes that OMB extend its approval for use for three additional years.

    DATES:

    DoD will consider all comments received by May 11, 2015.

    ADDRESSES:

    You may submit comments, identified by OMB Control Number 0704-0397, using any of the following methods:

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

    ○ Email: [email protected] Include OMB Control Number 0704-0397 in the subject line of the message.

    ○ Fax: 571-372-6094.

    ○ Mail: Defense Acquisition Regulations System, Attn: Ms. Jennifer Hawes, OUSD(AT&L)DPAP(DARS), 3060 Defense Pentagon, Room 3B941, Washington, DC 20301-3060.

    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To confirm receipt of your comment, please check www.regulations.gov approximately two to three days after submission to verify posting, except allow 30 days for posting of comments submitted by mail.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Jennifer Hawes, at (571) 372-6115.

    SUPPLEMENTARY INFORMATION:

    Title and OMB Number: Defense Federal Acquisition Regulation Supplement (DFARS) part 243, Contract Modifications, and the related clause at DFARS 252.243-7002; OMB Control Number 0704-0397.

    Needs and Uses: The information collection required by the clause at DFARS 252.243-7002, Requests for Equitable Adjustment, implements 10 U.S.C. 2410(a). DoD contracting officers and auditors use this information to evaluate contractor requests for equitable adjustments to contracts.

    Affected Public: Businesses or other for-profit and not-for-profit institutions.

    Annual Burden Hours: 2,483.

    Number of Respondents: 328.

    Responses Per Respondent: 1.6, approximately.

    Annual Responses: 520.

    Average Burden Per Response: 4.8 hours, approximately.

    Frequency: On occasion.

    Summary of Information Collection

    The clause at DFARS 252.243-7002, Requests for Equitable Adjustment, is prescribed at DFARS 243.205-71 for use in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items that are estimated to exceed the simplified acquisition threshold. The clause requires contractors to certify that requests for equitable adjustment that exceed the simplified acquisition threshold are made in good faith and that the supporting data are accurate and complete. The clause also requires contractors to fully disclose all facts relevant to the requests for adjustment.

    Manuel Quinones, Editor, Defense Acquisition Regulations System.
    [FR Doc. 2015-05639 Filed 3-11-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Air Force U.S. Air Force Scientific Advisory Board; Notice of Meeting AGENCY:

    Air Force Scientific Advisory Board, Department of the Air Force, DOD.

    ACTION:

    Meeting notice.

    SUMMARY:

    Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the Department of Defense announces that the United States Air Force (USAF) Scientific Advisory Board (SAB) Spring Board meeting will take place on 21 April 2015 at the 552nd Air Control Wing Auditorium, located in building 282, Tinker Air Force Base, Oklahoma City 73145. The meeting will occur from 7:30 a.m.-11:30 a.m. on Tuesday, 21 April 2015. The session that will be open to the general public will be held from 7:30 a.m. to 8:00 a.m. on 21 April 2015. The purpose of this Air Force Scientific Advisory Board quarterly meeting is to conduct a mid-term review of FY15 SAB studies, which consist of: (1) Cyber Vulnerabilities of Embedded Systems on Air And Space Systems, (2) Enhanced Utility of Unmanned Air Vehicles In Contested and Denied Environments, (3) Utility of Quantum Systems for the Air Force. In accordance with 5 U.S.C. 552b, as amended, and 41 CFR 102-3.155, a number of sessions of the USAF SAB Spring Board meeting will be closed to the public because they will discuss classified information and matters covered by section 5 U.S.C. 552b(c)(1).

    Any member of the public that wishes to attend this meeting or provide input to the USAF SAB must contact the Designated Federal Officer at the phone number or email address listed below at least five working days prior to the meeting date. Please ensure that you submit your written statement in accordance with 41 CFR 102-3.140(c) and section 10(a)(3) of the Federal Advisory Committee Act. Statements being submitted in response to the agenda mentioned in this notice must be received by the Designated Federal Officer at the address listed below at least five calendar days prior to the meeting commencement date. The Designated Federal Officer will review all timely submissions and respond to them prior to the start of the meeting identified in this noice. Written statements received after this date may not be considered by the USAF SAB until the next scheduled meeting.

    FOR FURTHER INFORMATION CONTACT:

    The USAF SAB meeting organizer, Major Mike Rigoni at, [email protected] or 240-612-5504, United States Air Force Scientific Advisory Board, 1500 West Perimeter Road, Ste. #3300, Joint Base Andrews, MD 20762.

    Henry Williams Jr., Acting Air Force Federal Register Liaison Officer, DAF.
    [FR Doc. 2015-05616 Filed 3-11-15; 8:45 am] BILLING CODE 5001-10-P
    DEPARTMENT OF EDUCATION Application for New Awards; Evaluation of State Education Programs and Policies Grant Program AGENCY:

    Institute of Education Sciences, Department of Education.

    ACTION:

    Notice.

    Overview Information

    Evaluation of State Education Programs and Policies Grant Program.

    Notice inviting applications for new awards for fiscal year (FY) 2015.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.305E.

    Dates:

    Request for Applications Available: On or before March 12, 2015.

    Applications Available: April 16, 2015.

    Deadline for Notice of Intent to Apply: April 16, 2015.

    Deadline for Transmittal of Applications: June 10, 2015.

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: The purpose of the Evaluation of State Education Programs and Policies Grant Program is to support rigorous evaluations of education programs and policies implemented by State educational agencies (SEAs) that have important implications for improving student education outcomes. These evaluations are to be carried out by partnerships between research institutions and SEAs.

    The National Center for Education Research (NCER), a center within the Institute of Education Sciences (IES), will hold a competition for the Evaluation of State Education Programs and Policies Grant Program. Under this competition, NCER will consider only applications that propose to evaluate State programs and policies (or components of these programs and policies) that fit within one of the three following categories:

    • College- and Career-Ready Standards and Assessments.

    • Identification and Improvement of the Lowest-Performing Schools and/or Schools with the Greatest Achievement Gaps.

    • Teacher and Principal Evaluation and Support Systems.

    Program Authority:

    20 U.S.C. 9501 et seq.

    Applicable Regulations: (a) The Education Department General Administrative Regulations in 34 CFR parts 77, 81, 82, 84, 86, 97, 98, and 99. In addition, the regulations in 34 CFR part 75 are applicable, except for the provisions in 34 CFR 75.100, 75.101(b), 75.102, 75.103, 75.105, 75.109(a), 75.200, 75.201, 75.209, 75.210, 75.211, 75.217(a)-(c), 75.219, 75.220, 75.221, 75.222, and 75.230.

    (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.

    Note:

    The regulations in 34 CFR part 86 apply to institutions of higher education only.

    II. Award Information

    Type of Award: Discretionary grants.

    Estimated Available Funds: $5 million for FY 2015.

    Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2016 from the list of unfunded applicants from this competition.

    Estimated Range of Awards: $2 to $5 million for the entire project period of up to 60 months.

    Maximum Award: The maximum total award is $5 million for the entire project period of up to 60 months. We will reject any application that proposes more than $1 million for each 12-month budget period of the grant.

    Estimated Number of Awards: The number of awards made will depend on the quality of the applications received for that competition and the availability of funds.

    Note:

    The Department is not bound by any estimates in this notice.

    Project Period: Up to 60 months based on performance.

    III. Eligibility Information

    1. Eligible Applicants: Research partnerships involving at least one research institution and at least one SEA. The partnership must choose one principal investigator from either the research institution or the SEA to have overall responsibility for the administration of the award. Applicants that have the ability and capacity to conduct scientifically valid research are eligible to apply as the research institution partner. These include, but are not limited to, nonprofit and for-profit organizations and public and private agencies and institutions, such as colleges and universities. An SEA is the agency primarily responsible for the State supervision of elementary schools and secondary schools. See 20 U.S.C. 9601 (which incorporates by reference the definition of SEA set out in section 9101 of the Elementary and Secondary Education Act of 1965, as amended, 20 U.S.C. 7801). Partnerships can include multiple research institutions and/or multiple SEAs if justified by research complementarities and shared interest in the program or policy to evaluated.

    2. Cost Sharing or Matching: This program does not require cost sharing or matching.

    IV. Application and Submission Information

    1. Request for Applications (RFA) and Other Information: Information regarding program and application requirements for the competition, including selection criteria, requirements concerning the content of an application, and review procedures will be contained in the NCER RFA, which will be available on the IES Web site at: http://ies.ed.gov/funding/.

    We intend to hold a Webinar designed to provide technical assistance to interested applicants. Information will also be provided on the IES Web site at: http://ies.ed.gov/funding.

    Individuals with disabilities can obtain a copy of the RFA and application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the person or team listed under Accessible Format in section VIII of this notice.

    2. Content and Form of Application Submission: Requirements concerning the content of an application are in the RFA for the specific competition. The forms that must be submitted are in the application package for the specific competition.

    Letter of Intent to Apply: April 16, 2015.

    We ask potential applicants to submit a letter of intent. We use the information in the letters of intent to identify the expertise needed for the scientific review panels and to secure a sufficient number of reviewers. For this reason, letters of intent are optional but strongly encouraged. We request that letters of intent be submitted using the link at: https://iesreview.ed.gov/.

    Eligible entities that do not provide this notification may still apply for funding.

    3. Submission Dates and Times:

    Request for Applications Available: On or before March 12, 2015.

    Application Package Available: April 16, 2015.

    Deadline for Notice of Intent to Apply: April 16, 2015.

    Deadline for Transmittal of Applications: June 10, 2015.

    Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 7. Other Submission Requirements of this notice.

    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 competition is not subject to Executive Order 12372 and the regulations in 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: http://www2.ed.gov/fund/grant/apply/sam-faqs.html.

    In addition, if you are submitting your application via Grants.gov, you must (1) be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page: www.grants.gov/web/grants/register.html.

    7. Other Submission Requirements: Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications.

    Applications for grants under the Evaluation of State Education Programs and Policies Grant Program competition, CFDA number 84.305E, must be submitted electronically using the Governmentwide Grants.gov Apply site at www.Grants.gov. Through this site you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not email an electronic copy of a grant application to us.

    We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under Exception to Electronic Submission Requirement.

    You may access the electronic grant application for the Evaluation of State Education Programs and Policies competition at www.Grants.gov. You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.305, not 84.305E).

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted, and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.

    • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at www.G5.gov.

    • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.

    • You must submit all documents electronically, including all information you typically provide on the following forms: the Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.

    • You must upload any narrative sections and all other attachments to your application as files in a PDF (Portable Document) read-only, non-modifiable format. Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF or submit a password-protected file, we will not review that material.

    • Your electronic application must comply with any page-limit requirements described in the RFA for your application.

    • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by email. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application).

    • We may request that you provide us original signatures on forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System: If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that the problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted.

    Note:

    The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because—

    • You do not have access to the Internet; or

    • You do not have the capacity to upload large documents to the Grants.gov system; and

    • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application.

    If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.

    Address and mail or fax your statement to: Ellie Pelaez, U.S. Department of Education, 555 New Jersey Avenue NW., Room 600e, Washington, DC 20208. FAX: (202) 219-1466.

    Your 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 you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.305E), LBJ Basement Level 1, 400 Maryland Avenue SW., Washington, DC 20202-4260.

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education.

    If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    If your application is postmarked after the application deadline date, we will not consider your application.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    c. Submission of Paper Applications by Hand Delivery.

    If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your 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: 84.305E), 550 12th Street SW., Room 7039, Potomac Center Plaza, Washington, DC 20202-4260.

    The Application Control Center accepts hand deliveries daily between 8:00 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 you mail or hand deliver your application to the Department—

    (1) You must indicate on the envelope and—if not provided by the Department—in Item 10 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and

    (2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition are provided in the RFA.

    2. 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).

    3. 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 your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN); or we may send you an email containing a link to access an electronic version of your GAN. We may notify you informally, also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant.

    3. Grant Administration: Applicants should budget to attend an annual three-day meeting for project directors to be held in Washington, DC.

    4. 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. 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.

    5. Performance Measures: To evaluate the overall success of its education research grant program, IES annually assesses the percentage of projects that result in peer-reviewed publications, the number of newly developed or modified interventions with evidence of promise for improving student education outcomes, and the number of Institute-supported interventions with evidence of efficacy in improving student outcomes including student academic outcomes and social and behavioral competencies. Student academic outcomes include learning and achievement in core academic content areas (reading, writing, math, and science) and outcomes that reflect students' successful progression through the education system (e.g., course and grade completion; high school graduation and dropout; postsecondary enrollment, progress, and completion). Social and behavioral competencies include social skills, attitudes, and behaviors that may be important to student's academic and post-academic success.

    6. Continuation Awards: In making a continuation award under 34 CFR 75.253, the Secretary considers, among other things: whether a grantee has made substantial progress in meeting the goals and objectives of the project; whether the grantee has expended funds in a manner that is consistent with its approved application and budget; and, if the Secretary has established performance measurement requirements, whether the grantee has met the performance targets in the grantee's approved application. In making a continuation grant, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    VII. Agency Contacts FOR FURTHER INFORMATION CONTACT:

    Dr. Allen Ruby, U.S. Department of Education, 555 New Jersey Avenue NW., Room 610e, Washington, DC 20208, or by email: [email protected]

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

    VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this document and a copy of the RFA in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the appropriate 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 free at this site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: March 9, 2015. Sue Betka, Acting Director, Institute of Education Sciences.
    [FR Doc. 2015-05693 Filed 3-11-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION Applications for New Awards; Statewide Longitudinal Data Systems Program AGENCY:

    Institute of Education Sciences, Department of Education.

    ACTION:

    Notice.

    Overview Information

    Statewide Longitudinal Data Systems Program.

    Notice inviting applications for new awards for fiscal year (FY) 2015.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.372A.

    Dates:

    Request for Applications Available: March 12, 2015.

    Application Package Available: March 19, 2015.

    Deadline for Transmittal of Letters of Intent: April 13, 2015.

    Dates of Informational Meetings: The Institute of Education Sciences (IES) intends to hold webinars designed to provide technical assistance to interested applicants. Detailed information regarding these webinars will be provided on IES' Web site at http://ies.ed.gov/funding.

    Deadline for Transmittal of Applications: June 10, 2015.

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: The Statewide Longitudinal Data Systems Program awards grants to State educational agencies (SEAs) to design, develop, and implement Statewide longitudinal data systems to efficiently and accurately manage, analyze, disaggregate, and use individual student data. The Department's long-term goal in operating the program is to help all States create comprehensive P-20W (early learning through workforce) systems that foster the generation and use of accurate and timely data, support analysis and informed decision-making at all levels of the education system, increase the efficiency with which data may be analyzed to support the continuous improvement of education services and outcomes, facilitate research to improve student academic achievement and close achievement gaps, support education accountability systems, and simplify the processes used by SEAs to make education data transparent through Federal and public reporting.

    Priorities: Over the past decade, States have made a great deal of progress in developing Statewide longitudinal data systems, most of them with the assistance of SLDS Program funds. This competition will focus on enhancing States' capacity to use those systems to identify problems and drive improvement efforts. States may apply for funds to address up to two of the priority data use cases described in this section. SEAs may apply for grants selecting up to two of the following data use priorities:

    (1) Financial Equity and Return on Investment;

    (2) Educator Talent Management;

    (3) Early Learning;

    (4) College and Career;

    (5) Evaluation and Research; or

    (6) Instructional Support.

    Grants will not be made available to support ongoing maintenance of data systems. Use of data supported by these grants must be in accordance with the Family Educational Rights and Privacy Act, as well as any other applicable Federal and State laws or regulations concerning the confidentiality of individual records.

    An SEA may submit only one application under this competition.

    Program Authority: 20 U.S.C. 9607.

    Applicable Regulations: (a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 77, 82, 84, 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. In addition, the regulations in 34 CFR part 75 are applicable, except for the provisions in 34 CFR 75.100, 75.101(b), 75.102, 75.103, 75.105, 75.109(a), 75.200, 75.201, 75.209, 75.210, 75.211, 75.217(a)-(c), 75.219, 75.220, 75.221, 75.222, and 75.230.

    II. Award Information

    Type of Award: Cooperative agreements.

    Estimated Available Funds: $27,000,000.

    Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2016 from the list of unfunded applicants from this competition.

    Estimated Range of Awards: $1,000,000 to $7,000,000 for the entire project period. The size of the individual grants will depend on the scope of the projects proposed.

    Maximum Award: We will reject any application that proposes a budget exceeding $7,000,000 (up to $3,500,000 per priority) for the entire project period of 48 months.

    The Director of IES may change the maximum amount through a notice published in the Federal Register.

    Estimated Number of Awards: The number of awards made under this competition will depend upon the quality of the applications received and the level of funding requested.

    Note:

    The Department is not bound by any estimates in this notice.

    Project Period: Up to 48 months.

    III. Eligibility Information

    1. Eligible Applicants: Eligible applicants are limited to SEAs. An SEA is the agency primarily responsible for the State supervision of elementary schools and secondary schools. See 20 U.S.C. 9601 (which incorporates by reference the definition of SEA set out in section 9101 of the Elementary and Secondary Education Act of 1965, as amended (ESEA), 20 U.S.C. 7801). The SEAs of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands are eligible.

    2. a. Cost Sharing or Matching: This competition does not require cost sharing or matching.

    b. Supplement-Not-Supplant: The Educational Technical Assistance Act of 2002 requires that funds made available under this grant program be used to supplement, and not supplant, other State or local funds used for developing or using State data systems.

    IV. Application and Submission Information

    1. Request for Applications: Information regarding program and application requirements for this competition will be contained in the Request for Applications, which will be available on March 12, 2015, at the following Web site: http://ies.ed.gov/funding/.

    Individuals with disabilities can obtain a copy of the Request for Applications and the application package in an accessible format (e.g., braille, large print, audiotape, or compact disk) by contacting he 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 are in the Request for Applications. The forms that must be submitted are in the application package for this competition.

    Letter of Intent to Apply: April 13, 2015.

    We ask potential applicants to submit a letter of intent, indicating the Priority or Priorities under which the State intends to apply for funding. We use the information in the letters of intent to identify the expertise needed for the scientific review panels and to secure a sufficient number of reviewers. For this reason, letters of intent are optional but strongly encouraged. We request that letters of intent be submitted using the link at: https://iesreview.ed.gov/.

    Eligible entities that do not provide this notification may still apply for funding.

    3. Submission Dates and Times:

    Request for Applications Available: March 12, 2015.

    Application Package Available: March 19, 2015.

    Deadline for Transmittal of Letters of Intent to Apply: April 13, 2015.

    Dates of Informational Meetings: We intend to hold webinars designed to provide technical assistance to interested applicants. Detailed information regarding these meetings will be provided on the IES Web site at http://ies.ed.gov/funding.

    Deadline for Transmittal of Applications: June 10, 2015.

    Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 7. Other Submission Requirements of this notice.

    We do not consider an application that does not comply with the deadline requirements.

    Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under For Further Information Contact in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.

    4. Intergovernmental Review: This competition is not subject to Executive Order 12372 and the regulations in 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: http://www2.ed.gov/fund/grant/apply/sam-faqs.html.

    In addition, if you are submitting your application via Grants.gov, you must (1) be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page: www.grants.gov/web/grants/register.html.

    7. Other Submission Requirements: Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications.

    Applications for grants under the Statewide Longitudinal Data Systems competition, CFDA number 84.372A, must be submitted electronically using the Governmentwide Grants.gov Apply site at www.Grants.gov. Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not email an electronic copy of a grant application to us.

    We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under Exception to Electronic Submission Requirement.

    You may access the electronic grant application for the Statewide Longitudinal Data Systems competition at www.Grants.gov. You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.372, not 84.372A).

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.

    • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at http://www.G5.gov.

    • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.

    • You must submit all documents electronically, including all information you typically provide on the following forms: the Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.

    • You must upload any narrative sections and all other attachments to your application as files in a PDF (Portable Document) read-only, non-modifiable format. Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF or submit a password-protected file, we will not review that material.

    • Your electronic application must comply with any page-limit requirements described in this notice.

    • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by email. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application).

    • We may request that you provide us original signatures on forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System: If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under For Further Information Contact in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted.

    Note:

    The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because—

    • You do not have access to the Internet; or

    • You do not have the capacity to upload large documents to the Grants.gov system; and

    • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevent you from using the Internet to submit your application.

    If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.

    Address and mail or fax your statement to: Ellie Pelaez, U.S. Department of Education, 555 New Jersey Avenue NW., Room 600e, Washington, DC 20208-5530. FAX: (202) 219-1466.

    Your 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 you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.372A), LBJ Basement Level 1, 400 Maryland Avenue SW., Washington, DC 20202-4260.

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education.

    If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    If your application is postmarked after the application deadline date, we will not consider your application.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    c. Submission of Paper Applications by Hand Delivery.

    If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your 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 84.372A), 550 12th Street SW., Room 7039, Potomac Center Plaza, Washington, DC 20202-4260.

    The Application Control Center accepts hand deliveries daily between 8:00 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 you mail or hand deliver your application to the Department—

    (1) You must indicate on the envelope and—if not provided by the Department—in Item 10 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and

    (2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. Selection Criteria: Information regarding selection criteria and review procedures for this competition will be provided in the Request for Applications.

    2. 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).

    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 your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN); or we may send you an email containing a link to access an electronic version of your GAN. We may notify you informally, also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant.

    3. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 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. 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: To evaluate the overall success of this program, the Department has established three performance measures that assess progress toward our strategic goal of ensuring that data are available to inform educational decisions by supporting States' development and implementation of Statewide longitudinal data systems. The Department measures: (1) The number of States that link K-12 data with early childhood data; (2) the number of States that link K-12 data with postsecondary data; and (3) the number of States that link K-12 and postsecondary data with workforce data. In addition, grantees will be expected to report in their annual and final performance reports on their progress in achieving the project objectives proposed in their grant applications and on the status of their development and implementation of a Statewide longitudinal data system.

    5. Continuation Awards: In making a continuation award under 34 CFR 75.253, the Secretary considers, among other things: Whether a grantee has made substantial progress in meeting the goals and objectives of the project; whether the grantee has expended funds in a manner that is consistent with its approved application and budget; and, if the Secretary has established performance measurement requirements, the performance targets in the grantee's approved application. In making a continuation grant, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    VII. Agency Contact FOR FURTHER INFORMATION CONTACT:

    Nancy Sharkey, U.S. Department of Education, National Center for Education Statistics, 1990 K Street NW., Room 9101, Washington, DC 20006-5651. Telephone: (202) 502-7494 or by email: [email protected].

    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 program contact person listed in this section.

    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 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: March 9, 2015. Sue Betka, Acting Director, Institute of Education Sciences.
    [FR Doc. 2015-05682 Filed 3-11-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AD04-4-002] Panel Member List for Hydropower Licensing Study Dispute Resolution; Notice Requesting Applications for Panel Member List for Hydropower Licensing Study Dispute Resolution

    This notice requests applications from those interested in being listed as potential panel members to assist in the Federal Energy Regulatory Commission's (Commission) study dispute resolution process for the integrated licensing process of hydropower projects.

    Background

    The Commission's integrated licensing process (ILP) regulations pertaining to hydroelectric licensing under the Federal Power Act encourages informal resolution of study disagreements. In cases where this is not successful, a formal study dispute resolution process is available for state and federal agencies or Indian tribes with mandatory conditioning authority.1

    1 See § 5.14 of the final rule, which may be viewed on the Commission's Web site at http://www.access.thefederalregister.org/nara/cfr/waisidx_06/18cfr5_06.html.

    The ILP provides that the disputed study must be submitted to a dispute resolution panel consisting of a person from Commission staff, a person from the agency or Indian tribe referring the dispute to the Commission, and a third person selected by the other two panelists from a pre-established list of persons with expertise in the disputed resource area.2 The third panel member (TPM) will serve without compensation, except for certain allowable travel expenses to be borne by the Commission.

    2 These persons must not be otherwise involved with the proceeding.

    The role of the panel members is to make a finding, with respect to each disputed study request, on the extent to which each study criteria set forth in the regulations is or is not met,3 and why. The panel will then make a recommendation to the Director of the Office of Energy Projects based on the panel's findings.

    3 See § 5.9 of the final rule.

    TPMs can only be selected from a list of qualified persons (TPM List) that is developed and maintained by the Commission. This notice seeks additional members for the TPM list, which was originally compiled in 2004 and 2010. Current members of the TPM list do not need to reapply, but are encouraged to update their resumes. Each qualified panel member will be listed by area(s) and sub-area(s) of technical expertise, for example Fisheries Resources—instream flow. The TPM list and qualifications will be available to the public on the Commission's Web site. All individuals submitting their applications to the Commission for consideration must meet the Commission's qualifications.

    Application Contents

    The applicant should describe in detail his/her qualifications in items 1-4 listed below.

    1. Technical expertise, including education and experience in each resource area and sub-area for which the applicant wishes to be considered:

    • Aquatic Resources ○ water quality ○ instream flows ○ fish passage ○ species specialists 1. bull trout 2. pacific salmon 3. Atlantic salmon and cluepeids 4. bass 5. lamprey 6. sturgeon ○ macroinvertebrates ○ threatened and endangered species ○ general • Terrestrial Resources ○ wildlife biology ○ botany ○ wetlands ecology ○ threatened and endangered species ○ general • Cultural Resources ○ architectural history ○ archeology ○ Indian tribes • Recreational Resources ○ whitewater boating ○ instream flows ○ general • Land use ○ shoreline management ○ general • Aesthetics ○ noise ○ dark sky/nighttime artificial lighting ○ aesthetic instream flows ○ general • Geology ○ geomorphology ○ erosion ○ general • Socio-economics • Engineering ○ civil engineering hydrology structural ○ hydraulic engineering ○ electrical engineering ○ general

    2. Knowledge of the effects of construction and operation of hydroelectric projects.

    3. Working knowledge of laws relevant to expertise, such as: the Fish and Wildlife Coordination Act, the Endangered Species Act, the Clean Water Act, the Coastal Zone Management Act, the Wild and Scenic Rivers Act, the Federal Power Act, or other applicable laws.

    4. Ability to promote constructive communication about a disputed study.

    How To Submit Applications

    Applicants must submit their applications along with the names and contact information of three references. Applications will be evaluated as they are received, and each applicant will be individually notified of the Commission's decision.

    DATES:

    Applications are requested by July 1, 2015 in order to prepare for an expected increase in ILP work load over the next several years. However, the application period will remain open indefinitely to maintain a current listing of potential applicants.

    ADDRESSES:

    Applications must be filed electronically via the Internet. See the instructions on the Commission's Web site (http://www.ferc.gov) under the “e-Filing” link. Applications should reference “DOCKET No. AD04-4-002, NOTICE REQUESTING APPLICATIONS FOR PANEL MEMBER LIST FOR HYDROPOWER LICENSING STUDY DISPUTE RESOLUTION”.

    Other Information: Complete individual contact information must be provided.

    FOR FURTHER INFORMATION CONTACT:

    David Turner, Federal Energy Regulatory Commission, Office of Energy Projects, 888 First Street NE ., Washington, DC 20426, (202) 502-6091, [email protected].

    Kimberly D. Bose, Secretary.
    [FR Doc. 2015-05389 Filed 3-11-15; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2006-0971; FRL-9923-72-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; National Volatile Organic Compound Emission Standards for Architectural Coatings (Renewal) Correction

    In notice document 2015-04017 appearing on pages 10480-10481 in the issue of February 26, 2015 make the following correction:

    On page 10481, in the first column, under the DATES heading, in the second line, “March 9, 2015” should read “March 30, 2015”.

    [FR Doc. C1-2015-04017 Filed 3-11-15; 8:45 am] BILLING CODE 1505-01-D
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2009-1017; FRL-9923-27] Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel certain pesticide registrations. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw its requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations has been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order.

    DATES:

    Comments must be received on or before April 13, 2015.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2009-1017, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Submit written withdrawal request by mail to: Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001. ATTN: Janeese Hackley.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available athttp://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Janeese Hackley, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 605-1523; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. General Information A. Does this action apply to me?

    This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides.

    B. What should I consider as I prepare my comments for EPA?

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

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    II. What action is the Agency taking?

    This notice announces receipt by the Agency of requests from registrants to cancel 47 pesticide products registered under FIFRA section 3 (7 U.S.C. 136a) or 24(c) (7 U.S.C. 136v(c)). These registrations are listed in sequence by registration number (or company number and 24(c) number) in Table 1 of this unit.

    Unless the Agency determines that there are substantive comments that warrant further review of the requests or the registrants withdraw their requests, EPA intends to issue an order in the Federal Register canceling all of the affected registrations.

    Table 1—Registrations With Pending Requests for Cancellation Registration No. Product name Chemical name 000279-09556 Intruder Residual Cylinder with Cyfluthrin Piperonyl butoxide, Pyrethrins, and Cyfluthrin. 000769-00881 Pratt 25-5 ULV Mosquito Adulticide Concentrate Pyrethrins and Piperonyl butoxide. 002693-00214 Micron Extra P-Blue Tolylfluanid and Cuprous oxide. 002693-00215 Ultra P-Blue Cuprous oxide and Tolylfluanid. 002724-00779 Permethrin Plus Home and Carpet Spray Permethrin, MGK 264, and Pyriproxyfen. 004787-00043 Malathion Technical Malathion. 004787-00046 Atrapa 8E Malathion. 005382-00046 Chlorite Plus CD-2 Sodium chlorite. 005481-00350 Metam Sodium Metam sodium. 005481-00418 Metam Sodium Soil Fumigant For All Crops Metam sodium. 005481-00420 AMVAC Metam Metam sodium. 005481-00446 Metacide 42 Metam sodium. 007969-00081 Pyramin DF Herbicide Pyrazon. 007969-00108 Pyramin Super Herbicide Pyrazon. 010088-00097 Insect Repellent Towel MGK-264, MGK 326, and Diethyl toluamide. 010163-00174 Fireban Fire Ant Insecticide Phosmet. 010163-00224 Ambush 0.5% Bait Permethrin. 011603-00045 Nitrapyrin Technical Nitrapyrin. 021164-00003 DURA KLOR Sodium chlorite. 021164-00005 AKTA KLOR 80 Sodium chlorite. 035559-00002 Diesel STA-BIL 1,3,2-Dioxaborinane, 2,2′-((1-methyl-1,3-propanediyl) bis(oxy))bis(4-methyl- and 1,3,2-Dioxaborinane, 2,2′-oxybis(4,4,6-trimethyl-. 042750-00259 Glufosinate-Ammonium TGAI Glufosinate-Ammonium. 047158-00002 Synergy 201 Poly(oxy-1,2-ethanediyl(dimethylimino)-1,2-ethanediyl (dimethylimino)-1,2-ethanediyl dichloride). 059639-00028 Orthene Tree and Ornamental Spray Acephate. 059639-00086 Orthene 90 WSP Acephate. 059639-00089 Orthene 75 WSP (Insecticide in a Water Soluble Bag) Acephate. 062190-00028 Chemonite Part B Cuprous oxide. 065217-00001 Biobor JF 1,3,2-Dioxaborinane, 2,2′-((1-methyl-1,3-propanediyl)bis(oxy))bis(4-methyl- and 1,3,2-Dioxaborinane, 2,2′oxybis(4,4,6-trimethyl-. 066222-00108 Bromoxynil and Atrazine Herbicide Atrazine and Bromoxynil octanoate. 066222-00119 Bromoxynil 2EC Herbicide Bromoxynil octanoate. 066222-00120 Bromoxynil and MCPA Herbicide MCPA, 2-ethylhexyl ester and Bromoxynil octanoate. 069361-00029 Pendim Weed and Feed Pendimethalin. 069361-00030 Pendimethalin Technical Pendimethalin. 069361-00031 Pendim 3.3 EC Herbicide Pendimethalin. 069361-00032 Pendim H2O Herbicide Pendimethalin. 069461-00002 Revablue Poly(oxy-1,2 ethanediyl(dimethylimino)-1,2-ethanediyl(dimethylimino)-1,2-ethanediyl dichloride). 071368-00070 Bromoxynil Technical Bromoxynil. 071368-00071 Bromox Octanoic Acid Technical Bromoxynil octanoate. 071995-00003 Kleeraway Grass & Weed Killer 2 Sodium acifluorfen and Glyphosate-isopropylammonium. 073801-00001 Deltamethrin Technical Deltamethrin. 073801-00003 Sulfentrazone Technical Sulfentrazone. 073801-00004 Deltamethrin 4.75% SC Deltamethrin. 089118-00001 VCP-01 10WG Bifenthrin. CA-090010 Ethrel Brand Ethephon Plant Regulator Ethephon. HI-840004 AMCHEM Ethrel Pineapple Growth Regulator Ethephon. MA-090002 B-CAP 35 Antimicrobial Agent Hydrogen peroxide. PA-080004 B-CAP 50 Antimicrobial Agent Hydrogen peroxide.

    Table 2 of this unit includes the names and addresses of record for all registrants of the products in Table 1 of this unit, in sequence by EPA company number. This number corresponds to the first part of the EPA registration numbers of the products listed in this unit.

    Table 2—Registrants Requesting Voluntary Cancellation EPA company No. Company name and address 279 FMC Corp. Agricultural Products Group, 1735 Market Street, RM 1978, Philadelphia, PA 19103. 769 Value Gardens Supply, LLC, Agent: AllPro Vector Group, 640 Griswold Street, Suite 200, Northville, MI 48167. 2693 AkzoNobel, Agent: International Paint, LLC, 2270 Morris Ave. Union, NJ 07083. 2724 Wellmark International, 1501 E. Woodfield Road, Suite 200 West, Schaumburg, IL 60173. 4787 Cheminova A/S, Agent: Cheminova, Inc., 1600 Wilson Blvd., Suite 700, Arlington, VA 22209. 5382, 21164 Basic Chemicals Company, LLC, 5005 LBJ Freeway, Dallas, TX 75244. 5481 AMVAC Chemical Corporation, 4695 MacArthur Court, Suite 1200, Newport Beach, CA 926601706. 7969 BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528. 10088 Athea Laboratories, Inc., P.O. Box 240014, Milwaukee, WI 53224. 10163 Gowan Company, P.O. Box 5569, Yuma, AZ 85366. 11603 ADAMA, Agent: MANA, Inc., 3120 Highwoods Blvd, Suite 100, Raleigh, NC 27604. 35559 Gold Eagle Co., Agent: Delta Analytical Corp., 12510 Prosperity Drive, Suite 160, Silver Spring, MD 20904. 42750 Albaugh, LLC, P.O. Box 2127, Valdosta, GA 31604-2127. 47158 Industrial Water Consulting, Inc., P.O. Box 36238, Indianapolis, IN 46236. 59639 Valent U.S.A. Corporation, 1600 Riviera Avenue, Suite 200, Walnut Creek, CA 94596. 62190 Arch Wood Protection, Inc., 360 Interstate North Parkway, Suite 450, Atlanta, GA 30339. 65217 Hammonds Fuel Additives, Inc., Agent: Delta Analytical Corp., 12510 Prosperity Drive, Suite 160, Silver Spring, MD 20904. 66222 Makhteshim Agan of North America, Inc., 3120 Highwoods Blvd., Suite 100, Raleigh, NC 27604. 69361 Repar Corporation, Agent: Mandava Associates, LLC, 1050 Conn. Ave. NW., Suite 1000, Washington, DC 20036. 69461 Laboratoire Pareva, Agent: Technology Sciences Group, Inc., 1150 18th Street NW., Suite 1000, Washington, DC 20036. 71368 Nufarm, Inc., Agent: Nufarm Americans, Inc., 4020 Aerial Center Parkway, Suite 101, Morrisville, NC 27560. 71995 Monsanto Company, 1300 I Street NW., Suite 450 East, Washington, DC 20005. 73801 Tagos Chemicals India, LTD, Agent: Biologic, Inc., 115 Obtuse Hill Road, Brookfield, CT 06804. 89118 Vive CorpProtection, Inc., Agent: OMC Ag Consulting, 828 Tanglewood Ln., East Lansing, MI 48823. CA-090010, HI-840004 Bayer CropScience, LP, 2 T.W. Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709. MA-090002, PA-080004 PeroxyChem, LLC, 2005 Market Street, Suite 3200, Philadelphia, PA 19103. III. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register.

    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that before acting on a request for voluntary cancellation, EPA must provide a 30-day public comment period on the request for voluntary cancellation or use termination. In addition, FIFRA section 6(f)(1)(C) (7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment period on a request for voluntary cancellation or termination of any minor agricultural use before granting the request, unless:

    1. The registrants request a waiver of the comment period, or

    2. The EPA Administrator determines that continued use of the pesticide would pose an unreasonable adverse effect on the environment.

    The registrants in Table 2 of Unit II. have requested that EPA waive the 180-day comment period. Accordingly, EPA will provide a 30-day comment period on the proposed requests.

    IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation should submit such withdrawal in writing to the person listed under FOR FURTHER INFORMATION CONTACT. If the products have been subject to a previous cancellation action, the effective date of cancellation and all other provisions of any earlier cancellation action are controlling.

    V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products that are currently in the United States and that were packaged, labeled, and released for shipment prior to the effective date of the cancellation action.

    A. For Products (069361-00030, 073801-00003, and 089118-00001)

    The registrants have indicated to the Agency via written response that there are no existing stocks because no production has ever occurred. Therefore, no existing stocks date is necessary. Registrants will be prohibited from selling or distributing the pesticides identified in Table 1 of Unit II. upon cancellation of the product, except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. In addition, because no production has ever occurred, EPA believes that persons other than the registrant will have no existing stocks to sell, distribute, or legally use.

    B. For the Product (010163-00174)

    The registrant has indicated to the Agency via written response that they will not sell or distribute any existing stocks, after December 31, 2014, and as of that date will no longer have any current stock. Therefore, no existing stocks date is necessary. Registrants will be prohibited from selling or distributing the pesticides identified in Table 1 of Unit II. upon cancellation of the product, except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. Persons other than registrants will generally be allowed to sell, distribute, or use existing stocks until such stocks are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled product.

    C. For All Other Products Identified in Table 1 of Unit II.

    Because the Agency has identified no significant potential risk concerns associated with these pesticide products, upon cancellation of the products identified in Table 1 of Unit II., EPA anticipates allowing registrants to sell and distribute existing stocks of these products for 1 year after publication of the Cancellation Order in the Federal Register. Thereafter, registrants will be prohibited from selling or distributing the pesticides identified in Table 1 of Unit II., except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. Persons other than registrants will generally be allowed to sell, distribute, or use existing stocks until such stocks are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: February 27, 2015. Richard P. Keigwin, Jr., Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs.
    [FR Doc. 2015-05640 Filed 3-11-15; 8:45 am] BILLING CODE 6560-50-P
    EXPORT-IMPORT BANK OF THE UNITED STATES [Public Notice: 2015-0006] Application for Final Commitment for a Long-Term Loan or Financial Guarantee in Excess of $100 Million: AP088967XX AGENCY:

    Export-Import Bank of the United States.

    ACTION:

    Notice.

    SUMMARY:

    This Notice is to inform the public, in accordance with Section 3(c)(10) of the Charter of the Export-Import Bank of the United States (“Ex-Im Bank”), that Ex-Im Bank has received an application for final commitment for a long-term loan or financial guarantee in excess of $100 million (as calculated in accordance with Section 3(c)(10) of the Charter).

    Comments received within the comment period specified below will be presented to the Ex-Im Bank Board of Directors prior to final action on this Transaction. Comments received will be made available to the public.

    DATES:

    Comments must be received on or before April 6, 2015 to be assured of consideration before final consideration of the transaction by the Board of Directors of Ex-Im Bank.

    ADDRESSES:

    Comments may be submitted through Regulations.gov at WWW.REGULATIONS.GOV. To submit a comment, enter [EIB-2015-0006] under the heading “Enter Keyword or ID” and select Search. Follow the instructions provided at the Submit a Comment screen. Please include your name, company name (if any) and [EIB-2015-0006] on any attached document.

    Reference: AP088967XX.

    Purpose and Use

    Brief description of the purpose of the transaction: To support the export of U.S.-manufactured commercial aircraft to Turkey.

    Brief non-proprietary description of the anticipated use of the items being exported: To be used for passenger air service within Turkey and between Turkey and other countries. To the extent that Ex-Im Bank is reasonably aware, the items being exported are not expected to produce exports or provide services in competition with the exportation of goods or provision of services by a United States industry.

    Parties

    Principal Suppliers: The Boeing Company.

    Obligor: Güneş Ekspres Havacilik A.Ş.

    Guarantor(s): N/A.

    Description of Items Being Exported

    Boeing 737 aircraft.

    Information on Decision: Information on the final decision for this transaction will be available in the “Summary Minutes of Meetings of Board of Directors” on http://exim.gov/newsandevents/boardmeetings/board/.

    Confidential Information: Please note that this notice does not include confidential or proprietary business information; information which, if disclosed, would violate the Trade Secrets Act; or information which would jeopardize jobs in the United States by supplying information that competitors could use to compete with companies in the United States.

    Lloyd Ellis, Program Specialist, Office of the General Counsel.
    [FR Doc. 2015-05615 Filed 3-11-15; 8:45 am] BILLING CODE 6690-01-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 6, 2015.

    A. Federal Reserve Bank of Atlanta (Chapelle Davis, Assistant Vice President) 1000 Peachtree Street NE., Atlanta, Georgia 30309:

    1. Community & Southern Holdings, Inc., Atlanta, Georgia; to acquire 100 percent of the voting shares Community Business Bank, Cumming, Georgia.

    2. First Commercial Bancshares, Inc., Jackson, Mississippi; to acquire 100 percent of the voting shares of Desoto County Bank, Horn Lake, Mississippi.

    B. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:

    1. Southeast Bancshares, Inc., Chanute, Kansas; to acquire 100 percent of the voting shares of First National Bank of Howard, Howard, Kansas.

    C. Federal Reserve Bank of Dallas (Robert L. Triplett III, Senior Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272:

    1. A.N.B. Holding Company, Ltd., Terrell, Texas; to acquire no more than 38 percent of the voting shares of The ANB Corporation, Terrell, Texas, and thereby indirectly acquire voting shares of The American National Bank of Texas, Terrell, Texas, Lakeside Bancshares, Inc., and Lakeside National Bank, both in Rockwall, Texas.

    Board of Governors of the Federal Reserve System, March 9, 2015. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2015-05642 Filed 3-11-15; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Federal Open Market Committee; Domestic Policy Directive of January 27-28, 2015

    In accordance with Section 271.25 of its rules regarding availability of information (12 CFR part 271), there is set forth below the domestic policy directive issued by the Federal Open Market Committee at its meeting held on January 27-28, 2015.1

    1 Copies of the Minutes of the Federal Open Market Committee at its meeting held on January 27-28, 2015, which includes the domestic policy directive issued at the meeting, are available upon request to the Board of Governors of the Federal Reserve System, Washington, DC 20551. The minutes are published in the Federal Reserve Bulletin and in the Board's Annual Report.

    Consistent with its statutory mandate, the Federal Open Market Committee seeks monetary and financial conditions that will foster maximum employment and price stability. In particular, the Committee seeks conditions in reserve markets consistent with federal funds trading in a range from 0 to 1/4 percent. The Committee directs the Desk to undertake open market operations as necessary to maintain such conditions. The Committee directs the Desk to maintain its policy of rolling over maturing Treasury securities into new issues and its policy of reinvesting principal payments on all agency debt and agency mortgage-backed securities in agency mortgage-backed securities. The Committee also directs the Desk to engage in dollar roll and coupon swap transactions as necessary to facilitate settlement of the Federal Reserve's agency mortgage-backed securities transactions. The System Open Market Account manager and the secretary will keep the Committee informed of ongoing developments regarding the System's balance sheet that could affect the attainment over time of the Committee's objectives of maximum employment and price stability.

    By order of the Federal Open Market Committee, March 3, 2015. Thomas Laubach, Secretary, Federal Open Market Committee.
    [FR Doc. 2015-05694 Filed 3-11-15; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than March 27, 2015.

    A. Federal Reserve Bank of New York (Ivan Hurwitz, Vice President) 33 Liberty Street, New York, New York 10045-0001:

    1. Basswood Capital Management, LLC, New York, New York, and various funds it operates, and Matthew Lindenbaum and Bennett Lindenbaum, both of New York, New York, and various other family members and family related trusts; to collectively acquire voting shares of Bridge Bancorp, Inc., and thereby indirectly acquire voting shares of The Bridgehampton National Bank, both in Bridgehampton, New York.

    B. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

    1. Capital Z Partners Centrue AIV, L.P., Capital Z Partners III GP, L.P., Capital Z Partners III GP, Ltd., Capital Z Partners Management, LLC, Bradley E. Cooper, all of New York, New York, and Robert A. Spass, Westfield, New Jersey; to acquire voting shares of Centrue Financial Corporation, Ottawa, Illinois, and thereby indirectly acquire voting shares of Centrue Bank, Streator, Illinois.

    C. Federal Reserve Bank of San Francisco (Gerald C. Tsai, Director, Applications and Enforcement) 101 Market Street, San Francisco, California 94105-1579:

    1. Castle Creek Capital Partners IV, LP, and individuals or entities that directly or indirectly control Castle Creek Capital Partners IV, LP including Castle Creek Capital IV LLC, Castle Creek Advisors IV LLC, JME Advisory Corp., Legions IV Corp., Mikesell Advisory Corp., Pietrzak Advisory Corp., John M. Eggemeyer, III, Mark G. Merlo, J. Mikesell Thomas and John T. Pietrzak, all of Rancho Santa Fe, California; to acquire voting shares of First NBC Bank Holding Company, and thereby indirectly acquire voting shares of First NBC Bank, both in New Orleans, Louisiana.

    2. Castle Creek Capital Partners IV, LP, and individuals or entities that directly or indirectly control Castle Creek Capital Partners IV, LP, including Castle Creek Capital IV LLC, Castle Creek Advisors IV LLC, JME Advisory Corp., Legions IV Corp., Mikesell Advisory Corp., Pietrzak Advisory Corp., John M. Eggemeyer, III, Mark G. Merlo, J. Mikesell Thomas and John T. Pietrzak, all of Rancho Santa Fe, California; to acquire voting shares of Heritage Oaks Bancorp, and thereby indirectly acquire voting shares of Heritage Oaks Bank, both in Paso Robles, California.

    Board of Governors of the Federal Reserve System, March 9, 2015. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2015-05641 Filed 3-11-15; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Proposed Agency Information Collection Activities; Comment Request AGENCY:

    Board of Governors of the Federal Reserve System.

    SUMMARY:

    On June 15, 1984, the Office of Management and Budget (OMB) delegated to the Board of Governors of the Federal Reserve System (Board) its approval authority under the Paperwork Reduction Act (PRA), pursuant to 5 CFR 1320.16, to approve of and assign OMB control numbers to collection of information requests and requirements conducted or sponsored by the Board under conditions set forth in 5 CFR 1320 Appendix A.1. Board-approved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the Paperwork Reduction Act Submission, supporting statements and approved collection of information instruments are placed into OMB's public docket files. The Federal Reserve may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number.

    DATES:

    Comments must be submitted on or before May 11, 2015.

    ADDRESSES:

    You may submit comments, identified by FR 2502q, FR 2835, or FR 3033p by any of the following methods:

    Agency Web site: http://www.federalreserve.gov. Follow the instructions for submitting comments at http://www.federalreserve.gov/apps/foia/proposedregs.aspx.

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

    Email: [email protected] Include OMB number in the subject line of the message.

    FAX: (202) 452-3819 or (202) 452-3102.

    Mail: Robert deV. Frierson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW., Washington, DC 20551.

    All public comments are available from the Board's Web site at http://www.federalreserve.gov/apps/foia/proposedregs.aspx as submitted, unless modified for technical reasons. Accordingly, your comments will not be edited to remove any identifying or contact information. Public comments may also be viewed electronically or in paper form in Room MP-500 of the Board's Martin Building (20th and C Streets NW.) between 9:00 a.m. and 5:00 p.m. on weekdays.

    Additionally, commenters may send a copy of their comments to the OMB Desk Officer—Shagufta Ahmed—Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235 725 17th Street NW., Washington, DC 20503 or by fax to (202) 395-6974.

    FOR FURTHER INFORMATION CONTACT:

    A copy of the PRA OMB submission, including the proposed reporting form and instructions, supporting statement, and other documentation will be placed into OMB's public docket files, once approved. These documents will also be made available on the Federal Reserve Board's public Web site at: http://www.federalreserve.gov/apps/reportforms/review.aspx or may be requested from the agency clearance officer, whose name appears below.

    Federal Reserve Board Acting Clearance Officer—Mark Tokarski—Office of the Chief Data Officer, Board of Governors of the Federal Reserve System, Washington, DC 20551 (202) 452-3829. Telecommunications Device for the Deaf (TDD) users may contact (202) 263-4869, Board of Governors of the Federal Reserve System, Washington, DC 20551.

    SUPPLEMENTARY INFORMATION:

    Request for Comment on Information Collection Proposals

    The following information collections, which are being handled under this delegated authority, have received initial Board approval and are hereby published for comment. At the end of the comment period, the proposed information collections, along with an analysis of comments and recommendations received, will be submitted to the Board for final approval under OMB delegated authority. Comments are invited on the following:

    a. Whether the proposed collection of information is necessary for the proper performance of the Federal Reserve's functions; including whether the information has practical utility;

    b. The accuracy of the Federal Reserve's estimate of the burden of the proposed information collection, 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 information collection on respondents, including through the use of automated collection techniques or other forms of information technology; and

    e. Estimates of capital or start up costs and costs of operation, maintenance, and purchase of services to provide information.

    Proposal to approve under OMB delegated authority the extension for three years, with revision, of the following reports:

    1. Report title: Quarterly Report of Assets and Liabilities of Large Foreign Offices of U.S. Banks.

    Agency form number: FR 2502q.

    OMB control number: 7100-0079.

    Frequency: Quarterly.

    Reporters: Major foreign branches and banking subsidiaries of U.S. depository institutions that are located in the Caribbean or the United Kingdom.

    Estimated annual reporting hours: 124 hours.

    Estimated average hours per response: 1 hour.

    Number of respondents: 31.

    General description of report: This information collection is required (12 U.S.C. 248(a)(2), 461, 602, and 625).

    Abstract: U.S. commercial banks, bank holding companies, including financial holding companies, and banking Edge and agreement corporations (U.S. banks) are required to file this reporting form for their large branches and banking subsidiaries that are located in the United Kingdom or the Caribbean. The FR 2502q collects, for each reporting office, claims on and liabilities to residents of individual countries as of each quarter-end. The data are used to construct a piece of the flow of funds data that are compiled by the Federal Reserve.

    Current Actions: The Federal Reserve proposes to significantly revise the FR 2502q report form by eliminating most of the geographic information collected on the form. Specifically, staff proposes to delete all individual countries from the form, except for the United States. As a result, the body of the form would consist of two rows, with assets and liabilities reported for customers in the United States and for “Total, all areas,” the latter being simply total assets and liabilities of the reporting offices. The retention of these two rows allows the continued used of the report to better understand how banks use their offices in the Caribbean and the United Kingdom as conduits for funds to or from outside the United States. The memoranda section would be retained without changes, allowing its continued use in flow of funds data.

    The Federal Reserve also proposes to clarify in the instructions that (1) a reporter should begin filing the report for a branch or subsidiary as of the report date when the branch or subsidiary meets the reporting criteria, and (2) for subsidiaries, the report should be filed on a parent only basis.

    With the elimination of geographic detail from the report, the Federal Reserve would discontinue the E.11 Statistical Release, the “Geographical Distribution of Assets and Liabilities of Major Foreign Branches and Subsidiaries of U.S. Banks,” which publishes aggregate data from the FR 2502q.

    Given the greatly reduced detail in the report, individual reports will no longer be considered confidential unless comments are received providing a reasonable rationale for continued confidentiality.

    2. Report title: Quarterly Report of Interest Rates on Selected Direct Consumer Installment Loans and Quarterly Report of Credit Card Plans.1

    1 This family of reports also contains the voluntary Automobile Finance Company Report (FR 2512), which has fewer than 10 respondents and does not require an OMB control number. The Federal Reserve also proposes to discontinue the FR 2512.

    Agency form number: FR 2835; FR 2835a.

    OMB control number: 7100-0085.

    Frequency: Quarterly.

    Reporters: Commercial banks.

    Estimated annual reporting hours: FR 2835: 176 hours; FR 2835a: 100 hours.

    Estimated average hours per response: FR 2835: .29 hours; FR 2835a: .50 hours.

    Number of respondents: FR 2835: 150; FR 2835a: 50.

    General description of report: These information collections are authorized by Sections 2A, 11, and 12A of the Federal Reserve Act and are voluntary (12 U.S.C. 225a, 248(a)(2), 263, 348a and 353-359). Information requested on the FR 2835 is not confidential and respondents are made aware that information reported is made available to the public. Aggregate information collected on the FR 2835a is not considered confidential; however, individual respondent data is considered confidential under section (b)(4) of the Freedom of Information Act. (5 U.S.C. 552(b)(4)).

    Abstract: The FR 2835 collects information from a sample of commercial banks on interest rates charged on loans for new vehicles and loans for other consumer goods and personal expenses. The data are used for the analysis of household financial conditions.

    The FR 2835a collects information on two measures of credit card interest rates from a sample of commercial banks with $1 billion or more in credit card receivables and a representative group of smaller issuers. The data are used to analyze the credit card market and draw implications for the household sector.

    Current Actions: The Federal Reserve proposes to revise the FR 2835 by adding a data item to collect information on new (72-month) automobile loans. This change is motivated by the need to better understand market developments, such as the growing popularity of the 72-month maturity.

    3. Report title: Census of Finance Companies.

    Agency form number: FR 3033p.

    OMB control number: 7100-0277.

    Frequency: Every five years.

    Reporters: Domestic finance companies.

    Estimated annual reporting hours: 8,000 hours.

    Estimated average hours per response: .5 hours.

    Number of respondents: 16,000.

    General description of report: This information collection is authorized by law (12 U.S.C. 225a, 263, 348a, and 353-359) and is voluntary. Individual responses are exempt from disclosure pursuant to section (b)(4) of the Freedom of Information Act (5 U.S.C. 552).

    Abstract: The Census of Finance Companies is a simple screening survey, which would be sent in June 2015 to all companies that meet criteria developed to identify the potential universe of domestic finance companies. An accurate census is required to form a representative sample of finance companies, to which the more detailed Survey of Finance Companies would be sent. The census would gather limited information including total assets, areas of specialization, and information on the corporate structure of the companies. The Federal Reserve has identified approximately 40,000 firms to which the census would be sent.

    Current Actions: The Federal Reserve proposes to increase the respondent panel size, revise the survey to collect information needed to determine whether a company meets the FR 3033 definition of a finance company, solicit information on the types of credit or financing that a company offers, and make minor modifications to the survey design.

    Board of Governors of the Federal Reserve System, March 9, 2015. Margaret McCloskey Shanks, Deputy Secretary of the Board.
    [FR Doc. 2015-05632 Filed 3-11-15; 8:45 am] BILLING CODE 6210-01-P
    GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090-0221; Docket 2015-0001; Sequence 3] Civilian Board of Contract Appeals; Information Collection; Civilian Board of Contract Appeals Rules of Procedure (GSA Form 9534 Civilian Board of Contract Appeals Subpoena; Form 4 Government Certificate of Finality; Form 5 Appellant/Applicant Certificate of Finality) AGENCY:

    Civilian Board of Contract Appeals, GSA.

    ACTION:

    Notice of request for comments regarding a reinstatement to an existing OMB clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding the Civilian Board of Contract Appeals (CBCA) Rules of Procedure.

    DATES:

    Submit comments on or before: May 11, 2015.

    ADDRESSES:

    Submit comments identified by Information Collection IC 3090-0221, Civilian Board of Contract Appeals Rules of Procedure, 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 3090-0221. Select the link “Comment Now” that corresponds with “Information Collection IC 3090-0221, Civilian Board of Contract Appeals Rules of Procedure”. Follow the instructions provided on the screen. Please include your name, company name (if any), and “Information Collection 3090-0221, Civilian Board of Contract Appeals Rules of Procedure” on your attached document.

    Fax: 202-501-4067.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Hada Flowers/IC 3090-0221, Civilian Board of Contract Appeals Rules of Procedure.

    Instructions: Please submit comments only and cite Information Collection 3090-0221, Civilian Board of Contract Appeals Rules of Procedure, in all correspondence related to this collection. All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided.

    FOR FURTHER INFORMATION CONTACT:

    J. Gregory Parks, Chief Counsel, Civilian Board of Contract Appeals, 1800 F Street NW., Washington, DC 20405, telephone 202-606-8800 or via email to [email protected]

    SUPPLEMENTARY INFORMATION: A. Purpose

    The CBCA requires the information collected in order to conduct proceedings in contract appeals and petitions, and cost applications. Parties include those persons or entities filing appeals, petitions, cost applications, and government agencies.

    B. Annual Reporting Burden

    Respondents: 85.

    Responses per Respondent: 1.

    Hours per Response: .1.

    Total Burden Hours: 9.

    C. Public Comments

    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 Division (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202-501-4755. Please cite OMB Control No. 3090-0221, Civilian Board of Contract Appeals Rules of Procedure, in all correspondence.

    Dated: March 4, 2015. Sonny Hashmi, Chief Information Officer.
    [FR Doc. 2015-05671 Filed 3-11-15; 8:45 am] BILLING CODE 6820-AL-P
    GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090-0027; Docket 2015-0001; Sequence 1] General Services Administration Acquisition Regulation; Information Collection; Contract Administration, Quality Assurance (GSA Form 1678 and GSA Form 308) 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 General Services Administration will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding contract administration, and quality assurance.

    DATES:

    Submit comments on or before: May 11, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Dana Munson, Procurement Analyst, General Services Acquisition Policy Division, at 202-357-9652 or via email to [email protected]

    ADDRESSES:

    Submit comments identified by Information Collection 3090-0027, Contract Administration and Quality Assurance (GSA Form 1678 and GSA Form 308), 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 3090-0027. Select the link “Comment Now” that corresponds with “Information Collection 3090-0027, Contract Administration and Quality Assurance (GSA Form 1678 and GSA Form 308)”. Follow the instructions on the screen. Please include your name, company name (if any), and “Information Collection 3090-0027, Contract Administration and Quality Assurance (GSA Form 1678 and GSA Form 308)”, on your attached document.

    • Fax: 202-501-4067.

    • Mail: General Services Administration, Regulatory Secretariat (MVCB), 1800 F Street NW., Washington, DC 20406. ATTN: Ms. Hada Flowers/IC 3090-0027, Contract Administration and Quality Assurance (GSA Form 1678 and GSA Form 308).

    Instructions: Please submit comments only and cite Information Collection 3090-0027, Contract Administration and Quality Assurance (GSA Form 1678 and GSA Form 308), 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

    Under certain contracts, because of reliance on contractor inspection in lieu of Government inspection, GSA's Federal Acquisition Service (FAS) requires documentation from its contractors to effectively monitor contractor performance and ensure that it will be able to take timely action should that performance be deficient.

    B. Annual Reporting Burden

    Respondents: 4,604.

    Responses per Respondent: 24.

    Hours per Response: .07.

    Total Burden Hours: 7,735.

    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; and 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 20406, telephone 202-501-4755. Please cite OMB Control No. 3090-0027, Contract Administration, Quality Assurance (GSA Form 1678, and GSA Form 308), in all correspondence.

    Dated: March 3, 2015. Jeffrey A. Koses, Director, Office of Acquisition Policy, Office of Government-wide Policy.
    [FR Doc. 2015-05667 Filed 3-11-15; 8:45 am] BILLING CODE 6820-61-P
    GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090-0248; Docket 2015-0001; Sequence 5] General Services Administration Acquisition Regulation; Information Collection; Solicitation Provisions and Contract Clauses; Placement of Orders Clause; and Ordering Information Clause AGENCY:

    Office of Acquisition Policy, GSA.

    ACTION:

    Notice of request for public 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 regarding solicitation provisions and contract clauses, placement of orders clause, and ordering information clause.

    DATES:

    Submit comments on or before: May 11, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Christina Mullins, Procurement Analyst, General Services Acquisition Policy Division, GSA, by phone at 202-969-4066 or by email at [email protected]

    ADDRESSES:

    Submit comments identified by Information Collection 3090-0248, Solicitation Provisions and Contract Clauses, Placement of Orders Clause, and, Ordering Information Clause, by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for Information Collection 3090-0248. Select the link “Comment Now” that corresponds with “Information Collection 3090-0248, Solicitation Provisions and Contract Clauses, Placement of Orders Clause, and Ordering Information Clause”. Follow the instructions on the screen. Please include your name, company name (if any), and “Information Collection 3090-0248, Solicitation Provisions and Contract Clauses, Placement of Orders Clause, and Ordering Information Clause” on your attached document.

    Fax: 202-501-4067.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Hada Flowers/IC 3090-0248, Solicitation Provisions and Contract Clauses; Placement of Orders Clause; and Ordering Information Clause.

    Instructions: Please submit comments only and cite Information Collection 3090-0248, Solicitation Provisions and Contract Clauses, Placement of Orders Clause, and Ordering Information Clause, 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 (GSA) has various mission responsibilities related to the acquisition and provision of the Federal Acquisition Service's (FAS's) Stock, Special Order, and Schedules Programs. These mission responsibilities generate requirements that are realized through the solicitation and award of various types of FAS contracts. Individual solicitations and resulting contracts may impose unique information collection and reporting requirements on contractors, not required by regulation, but necessary to evaluate particular program accomplishments and measure success in meeting program objectives. As such, GSAR 516.506, Solicitation provision and clauses, specifically directs contracting officers to insert 552.216-72, Placement of Orders, when the contract authorizes FAS and other activities to issue delivery or task orders and 552.216-73, Ordering Information, directs the Offeror to elect to receive orders placed by FAS by either facsimile transmission or computer-to-computer Electronic Data Interchange (EDI).

    B. Annual Reporting Burden

    Respondents: 7,143.

    Responses per Respondent: 1.

    Annual Responses: 7,143.

    Hours per Response: .25.

    Total Burden Hours: 1,786.

    C. Public Comments

    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; and 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 Division (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202-501-4755. Please cite OMB Control No. 3090-0248, Solicitation Provisions and Contract Clauses, Placement of Orders Clause, and Ordering Information Clause, in all correspondence.

    Dated: March 9, 2015. Jeffrey A. Koses, Director, Office of Acquisition Policy, Office of Government-wide Policy.
    [FR Doc. 2015-05666 Filed 3-11-15; 8:45 am] BILLING CODE 6820-61-P
    GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090-00XX; Docket No. 2015-0001; Sequence No. 6] Information Collection; OMB Control No. 3090-00XX; Wireless Telecommunications Industry Application AGENCY:

    Public Buildings Service, General Services Administration (GSA).

    ACTION:

    Notice of request for public comments regarding a new Office of Management and Budget (OMB) information clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), GSA will be submitting to OMB a request to review and approve a new Information Collection Request (ICR) regarding the Wireless Telecommunications Industry Application. The ICR also requests categorizing this form as a common form, meaning that GSA will only request approval for its own use of the form, rather than aggregating the burden estimate across all Federal Agencies using this form.

    DATES:

    Submit comments on or before May 11, 2015.

    ADDRESSES:

    Submit comments identified by Information Collection 3090-00XX by any of the following methods:

    Regulations.gov: http://www.regulations.gov.

    Submit comments via the Federal eRulemaking portal by searching for Information Collection 3090-00XX. Select the link “Comment Now” that corresponds with “Information Collection 3090-00xx; Wireless Telecommunications Industry Application.” Follow the instructions provided on the screen. Please include your name, company name (if any), and “Information Collection 3090-00XX; Wireless Telecommunications Industry Application” on your attached document.

    Fax: 202-501-4067.

    Mail: General Services Administration, Regulatory Secretariat (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Flowers/IC 3090-00XX.

    Instructions: Please submit comments only and cite Information Collection 3090-00XX; Wireless Telecommunications Industry Application, in all correspondence related to this collection. All comments received will be posted without change to http://www.regulations.gov, including any personal and business confidential information provided.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Mary Ann Hillier, National Outlease Program Manager, PBS, GSA, at telephone 202-208-6139, or via email to [email protected]

    SUPPLEMENTARY INFORMATION: A. Purpose

    The purpose of this application is to streamline the business information collection process to accelerate the approval process between the Federal Government and a commercial wireless telecommunications industry company wishing to install a wireless antenna on a Federal asset for the expansion of the company's wireless network. Federal executive agencies with landholding authority, such as Veterans Affairs, Department of Interior, and Department of Homeland Security, will likely use this form as well.

    B. Annual Reporting Burden

    Respondents: 20.

    Responses per Respondent: 1.

    Total Response Hours: 20.

    Hours per Response: 1.

    Total Burden Hours: 20.

    C. Public Comments

    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; and ways in which we can minimize the burden of the collection of information on those who are to respond through the use of appropriate technological collection techniques or other forms of information technology.

    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., Room 4041, Washington, DC 20405, telephone 202-501-4755. Please cite OMB Control No. 3090-00XX, Wireless Telecommunications Industry Application, in all correspondence.

    Dated: March 4, 2015. Sonny Hashmi, Chief Information Officer, U.S. General Services Administration.
    [FR Doc. 2015-05678 Filed 3-11-15; 8:45 am] BILLING CODE 6820-14-P
    DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0142; Docket 2014-0055; Sequence 31] Federal Acquisition Regulation; Submission for OMB Review; Past Performance Information AGENCY:

    Department of Defense (DOD), General Services. Administration (GSA), and National Aeronautics and Space Administration (NASA).

    ACTION:

    Notice of request for public comments regarding an extension to an existing OMB clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act the Regulatory Secretariat Division 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 concerning past performance information. A request for public comments was published in the Federal Register at 79 FR 68683, November 18, 2014. Five comments were received.

    DATES:

    Submit comments on or before April 13, 2015.

    ADDRESSES:

    Submit comments identified by Information Collection 9000-0142, Past Performance Information, 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 9000-0142. Select the link “Comment Now” that corresponds with “Information Collection 9000-0142, Past Performance Information.” Follow the instructions provided on the screen. Please include your name, company name (if any), and “Information Collection 9000-0142, Past Performance Information,” on your attached document.

    • Fax: 202-501-4067.

    • Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Flowers/IC 9000-0142, Past Performance Information.

    Instructions: Please submit comments only and cite “Information Collection 9000-0142, Past Performance Information”, in all correspondence related to this collection. All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Curtis E. Glover, Sr., Procurement Analyst, Acquisition Policy Division, at GSA 202-501-1448 or email [email protected]

    SUPPLEMENTARY INFORMATION:

    A. Purpose

    Past performance information regarding a contractor's actions under previously awarded contracts is relevant information for future source selection purposes. The information collection requirements at FAR 15.304 and 42.15 remains the same; however, the public burden has been adjusted downward. Specifically, the estimated number of responses used to calculate the burden have been reduced based on data available in the Federal Procurement Data System (FPDS) and the Contractor Performance Assessment Reporting System (CPARS) for Fiscal Year (FY) 2014.

    B. Analysis of Public Comments

    Two respondents submitted five public comments on the extension of the previously approved information collection. The analysis of the public comments is summarized as follows:

    Comment: The respondent commented on a Federal Aviation Administration's Notice of Proposed Rule Making in regards to the “Flight Simulation Training Device Qualification Standards for Extended Envelope and Adverse Weather Event Training Tasks.”

    Response: The respondent's comments are outside the scope of this information collection.

    Comment: The respondent commented that the Agency's estimate of two hours per response underestimates the hours it takes for contractors to respond to source selection requirements related to past performance.

    Response: Two hours is the average amount of time to read and prepare information on a company's past performance for source selection purposes. The estimate considered the amount of time a simple or standard disclosure might require in response to non-complex solicitations, in some cases by businesses with limited experience, as well as the time that might be required for a very complex disclosure by a major corporation. In addition, the estimated burden hours include only projected hours for those actions which a company would not undertake in the normal course of business. Maintaining information and references on work they have performed in the past are considered actions undertaken in the normal course of business.

    Comment: The respondent commented that the Agency's methodology for preparing burden estimates is faulty resulting in unrealistically low estimates, which sets unreasonable expectations for turnaround time and disguises the true cost of the responses.

    Response: The burden estimate is prepared taking into consideration the necessary criteria in OMB guidance for estimating the paperwork burden put on the entity submitting the information. For example, consideration is given to an entity reviewing instructions; using technology to collect, process, and disclose information; adjusting existing practices to comply with requirements; searching data sources; completing and reviewing the response; and transmitting or disclosing information.

    Careful consideration went into assessing the estimated burden hours for this collection, and the collection requirements at FAR 15.304 and 42.15 remains the same. There is no change to the estimated number of hours per response associated with this request for extension; rather, the estimated number of responses was reduced based on data available FPDS and CPARS regarding awards in FY 2014.

    Comment: In the past, including in connection with FAR Case 2007-006, the Agency both acknowledged that the initial estimate was unrealistically low while also defending the methodology that it used to develop the unrealistic estimate.

    Response: Serious consideration is given, during the open comment period, to all comments received and adjustments are made to the paperwork burden estimate based on reasonable considerations provide by the public. This is evidenced, as the respondent notes, in FAR Case 2007-006 where an adjustment was made from the total preparation hours from three to sixty. This change was made considering particularly the hours that would be required for review within the company, prior to release to the Government.

    Comment: The respondent commented that granting the extension would violate at least the spirit of the Paperwork Reduction Act.

    Response: The Paperwork Reduction Act (PRA) was designed to improve the quality and use of Federal information to strengthen decision-making, accountability, and openness in government and society. Central to this process is the solicitation of comments from the public. This process incorporates an enumerated specification of targeted information and provides interested parties a meaningful opportunity for comment on the relevant compliance cost. This process has led to decreases in the overall collective burden of compliance for the information collection requirement in regards to the public. Based on OMB estimates, in FY 2010, the public spent 8.8 billion hours responding to information collections. This was a decrease of one billion hours, or ten percent from the previous FY. In effect, the collective burden of compliance for the public is going down as the Government publishes rules that make the process less complex, more transparent, and reduce the cost of Federal regulations.

    C. Annual Reporting Burden

    a. Responses during Source Selection.

    Respondents: 27,734.

    Responses per Respondent: 4.

    Annual Responses: 110,936.

    Hours per Response: 2.

    Total Burden Hours: 221,872.

    b. Responses in CPARS.

    Respondents: 177,396.

    Responses per Respondent: 1.

    Annual Responses: 177,396.

    Hours per Response: 2.

    Total Burden Hours: 354,792.

    c. Total annual burden: 576,664 Hours.

    D. Public Comments

    Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, 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; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

    E. Obtaining Copies of Proposals

    Requesters may obtain a copy of the information collection documents from the 1800 F Street NW., Washington, DC 20405, telephone 202-501-4755.

    Please cite OMB Control No. 9000-0142, Past Performance Information, in all correspondence.

    Dated: March 4, 2015. Edward Loeb, Acting Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy.
    [FR Doc. 2015-05673 Filed 3-11-15; 8:45 am] BILLING CODE 6820-EP-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute Amended; Notice of Meeting

    Notice is hereby given of a change in the meeting of the National Cancer Institute Special Emphasis Panel, March 11, 2015 02:00 p.m. to March 11, 2015, 04:00 p.m., National Cancer Institute Shady Grove, 9609 Medical Center Drive, Rockville, MD, 20850 which was published in the Federal Register on December 16, 2014, 79 FR 74734.

    The meeting notice is amended to change the meeting date from March 11, 2015 to April 08, 2015, and the Contact Person from Dr. Robert Bird to Dr. Sergei Radaev, Telephone Number: 240-276-6466. The location remains the same; however, the room has changed to 7W114. The meeting is closed to the public.

    Dated: March 6, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-05567 Filed 3-11-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Neuroblastomas, Glioblastomas, and Multiple Sclerosis and Viruses.

    Date: April 2, 2015.

    Time: 10:00 a.m. to 11:30 a.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Samuel C Edwards, Ph.D., IRG CHIEF, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5210, MSC 7846, Bethesda, MD 20892, (301) 435-1246, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; RFA-14-011: 4D Nucleome Network Data Coordination and Integration Center (U01).

    Date: April 9, 2015.

    Time: 11:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting).

    Contact Person: Mark Caprara, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5156, MSC 7844, Bethesda, MD 20892, 301-435-1042, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Reproductive Biology.

    Date: April 10, 2015.

    Time: 12:00 p.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting).

    Contact Person: Michael Knecht, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6176, MSC 7892, Bethesda, MD 20892, (301) 435-1046, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: March 6, 2015. Anna Snouffer, Deputy Director, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-05566 Filed 3-11-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary [Document Identifier: HHS-OS-0990—New-60D] Agency Information Collection Activities; Proposed Collection; Public Comment Request AGENCY:

    Office of the Secretary, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, announces plans to submit a new Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). Prior to submitting the ICR to OMB, OS seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR.

    DATES:

    Comments on the ICR must be received on or before May 11, 2015.

    ADDRESSES:

    Submit your comments to [email protected] or by calling (202) 690-6162.

    FOR FURTHER INFORMATION CONTACT:

    Information Collection Clearance staff, [email protected] or (202) 690-6162.

    SUPPLEMENTARY INFORMATION:

    When submitting comments or requesting information, please include the document identifier HHS-OS-0990—New-60D for reference.

    Information Collection Request Title: Privacy and Security Capacity Assessment of the Title X Network.

    Abstract: The Office of the Assistant Secretary for Health Office of Population Affairs, (OPA) is requesting an approval by Office of Management and Budget (OMB) for a new information collection (Privacy and Security Capacity Assessment) which seeks to collect feedback from the Title X network regarding Title X grantees' and service sites' current privacy and security capabilities for health information exchange. This voluntary form will be administered at most annually and enable the Title X network to share important information to critically inform OPA's development of Family Planning Annual Report (FPAR 2.0), as well as identify any training assistance and inform guidance that OPA may offer in the future. OPA will solicit feedback from Title X agencies to advise our work on privacy and security, and proposes to make this data collection form available for up to 3 years so that OPA can accept feedback from the network regarding any changes or trends that might alter our approach to privacy and security as we proceed through the design and build process for the planned FPAR 2.0 data repository.

    Likely Respondents: Title X Grantees, Sub recipients, and Service Sites.

    Total Estimated Annualized Burden—Hours Form name Number of
  • respondents
  • Number of
  • responses per respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total burden hours
    Data Element Survey 818 1 20/60 273 Total 818 1 20/60 273

    OPA specifically requests comments on (1) the necessity and utility of the proposed information collection for the proper performance of the agency's functions, (2) the accuracy of the estimated burden, (3) ways to enhance the quality, utility, and clarity of the information to be collected, and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    Terry S. Clark, Deputy Information Collection Clearance Officer.
    [FR Doc. 2015-05619 Filed 3-11-15; 8:45 am] BILLING CODE 4150-28-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial Review

    In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces a meeting for the initial review of applications in response to [(FOA) GH15-001, Conducting Public Health Research in Kenya, Funding Opportunity Announcement.

    Time and Date: 12:00 p.m.—5:00 p.m., April 1, 2015 (Closed).

    Place: Teleconference.

    Status: The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c)(4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463.

    Matters for Discussion: The meeting will include the initial review, discussion, and evaluation of applications received in response to “Conducting Public Health Research in Kenya, FOA GH15-001”.

    Contact Person for More Information: Hylan Shoob, Scientific Review Officer, Center for Global Health (CGH) Science Office, CGH, CDC, 1600 Clifton Road, NE., Mailstop D-69, Atlanta, Georgia 30033, Telephone: (404) 639-4796.

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2015-05577 Filed 3-11-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-N-0001] 2015 Parenteral Drug Association/Food and Drug Administration Joint Conference AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of public conference.

    The Food and Drug Administration (FDA), is announcing a public conference, to be held in co-sponsorship with the Parenteral Drug Association (PDA), entitled “Mission Possible: Patient-Focused Manufacturing, Quality, and Regulatory Solutions.” The conference will cover current issues affecting the industry as well as explore strategies to facilitate the development and continuous improvement of safe and effective medical products. The conference establishes a unique forum to discuss the foundations, emerging technologies, and innovations in regulatory science, as well as the current quality and compliance areas of concerns. Meeting participants will hear from FDA and industry speakers about the requirements and best practices to consider while implementing robust quality systems in order to deliver the best quality product.

    Date and Time: The public conference will be held on September 28, 2015, from 7 a.m. to 7:30 p.m.; September 29, 2015, from 7 a.m. to 9:30 p.m.; and September 30, 2015, from 7 a.m. to 12:30 p.m.

    Location: The public conference will be held at the Renaissance Washington Hotel, 999 Ninth Street NW., Washington, DC 20001, 202-898-9000, FAX: 202-289-0947.

    Contact: Wanda Neal, Parenteral Drug Association, PDA Global Headquarters, Bethesda Towers, 4350 East West Hwy., Suite 150, Bethesda, MD 20814, 301-656-5900, ext. 111, FAX: 301-986-1093, email: [email protected]; or Ken Nolan, Office of Communications, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993, 301-796-8629, email: [email protected]

    Accommodations: Attendees are responsible for their own accommodations. To make reservations, contact the Renaissance Washington Hotel (see Location) and reference “the 2015 PDA/FDA Joint Regulatory Conference” to receive the PDA group rate. Room rates are: Single: $305 plus 14.5 percent State and local taxes. Requests will be processed on a first-come, first-served basis.

    Registration: Attendees are encouraged to register at their earliest convenience. The PDA registration fees cover the cost of facilities, materials, and refreshments. Seats are limited; please submit your registration as soon as possible. Conference space will be filled in order of receipt of registration. Those accepted for the conference will receive confirmation. Registration will close after the conference is filled. Onsite registration will be available on a space available basis beginning at 1 p.m. on September 27, 2015, and at 7 a.m. from September 28 through 30, 2015. The cost of registration is as follows:

    Cost of Registration Affiliation Before July 19, 2015 July 19-
  • August 18, 2015
  • After August 18, 2015
    Premier Package (Includes Conference and Workshop Registration) Member $3,240 $3,490 $3,740 Nonmember 3,599 3,849 4,099 Conference Only Member 1,895 2,095 2,295 Nonmember 2,154 2,354 2,554 Government/Health Authority Member 700 700 700 Government/Health Authority Nonmember * 800 800 800 Academic Member 700 700 700 Academic Nonmember * 800 800 800 Student Member 280 280 280 Student Nonmember * 310 310 310 * For this member type, online registration is not available and must be faxed in.

    Please visit PDA's Web site: www.pda.org/pdafda2015 to confirm the prevailing registration fees. (FDA has verified the Web site address, but FDA is not responsible for any subsequent changes to the Web site after this document publishes in the Federal Register.)

    If you need special accommodations due to a disability, please contact Wanda Neal (see Contact), at least 7 days in advance of the conference.

    Registration Instructions: To register, please submit your name, affiliation, mailing address, telephone, fax number, and email address, along with a check or money order payable to “PDA.” Mail to: PDA, Global Headquarters, Bethesda Towers, 4350 East West Hwy., Suite 150, Bethesda, MD 20814. To register via the Internet, go to PDA's Web site: www.pda.org/pdafda2015.

    The registrar will also accept payment by major credit cards (VISA/American Express/MasterCard only). For more information on the meeting, or for questions on registration, contact PDA (see Contact).

    Transcripts: As soon as a transcript is available, it can be obtained in either hardcopy or on CD-ROM, after submission of a Freedom of Information request. Written requests are to be sent to Division of Freedom of Information (ELEM-1029), Food and Drug Administration, 12420 Parklawn Dr., Element Bldg., Rockville, MD 20857.

    SUPPLEMENTARY INFORMATION:

    The PDA/FDA Joint Regulatory Conference offers the unique opportunity for participants to join FDA representatives and industry experts in face-to-face dialogues. Each year, FDA speakers provide updates on current efforts affecting the development of global regulatory strategies, while industry professionals from pharmaceutical companies present case studies on how they employ global strategies in their daily processes.

    Through a series of sessions and meetings, the conference will provide participants with the opportunity to hear directly from FDA experts and representatives of global regulatory authorities on best practices, including:

    • Product Quality

    • Data Integrity

    • Breakthrough Therapies

    • Regulatory Challenges and Opportunities

    • Lifecycle Management

    • Clinically Relevant Specifications

    • Food and Drug Administration Safety and Innovation Act

    • Quality Metrics/Quality Culture

    • Manufacturing of the Future With Submissions

    • Continuous Verification and Validation

    • Continuous Manufacturing

    • “Fishbowl” Role Play

    • Quality Systems

    • Contract Manufacturing Organizations

    • Maturity of Quality Systems

    • Investigations

    • Case Studies for Quality

    • Quality Submissions

    • Prescription Drug User Fee Act

    • Risk-Based Control Strategies

    • Supply Chain

    • Quality Risk Management Systems

    • Drug Shortages

    • Customer Complaint Reviews and Trending

    • Human Factors

    • Office of Pharmaceutical Quality and Program Alignment Group

    • Patient Perspective

    • Compliance Update

    • Center Initiatives—Regulatory Submission Update

    To help ensure the quality of FDA-regulated products, the workshop helps to achieve objectives set forth in section 406 of the FDA Modernization Act of 1997 (21 U.S.C. 393), which includes working closely with stakeholders and maximizing the availability and clarity of information to stakeholders and the public. The workshop also is consistent with the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), as outreach activities by government agencies to small businesses.

    Dated: March 4, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-05513 Filed 3-11-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2012-N-0253] Agency Information Collection Activities; Proposed Collection; Comment Request; Postmarketing Adverse Drug Experience Reporting and Recordkeeping Biological Products AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection provisions of FDA's postmarketing adverse drug experience reporting and recordkeeping requirements.

    DATES:

    Submit either electronic or written comments on the collection of information by May 11, 2015.

    ADDRESSES:

    Submit electronic comments on the collection of information to http://www.regulations.gov. Submit written comments on the collection of information to the Division of Dockets Management (HFA 305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. All comments should be identified with the docket number found in brackets in the heading of this document.

    FOR FURTHER INFORMATION CONTACT:

    FDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the PRA (44 U.S.C. 3501-3520), Federal Agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes Agency 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 provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document.

    With respect to the following collection of information, FDA invites comments on these topics: (1) Whether the proposed collection of information is necessary for the proper performance of FDA's functions, including whether the information will have practical utility; (2) the accuracy of FDA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology.

    Postmarketing Adverse Drug Experience Reporting (OMB Control Number 0910-0230)—(Extension)

    Sections 201, 502, 505, and 701 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 352, 355, and 371) require that marketed drugs be safe and effective. In order to know whether drugs that are not safe and effective are on the market, FDA must be promptly informed of adverse experiences associated with the use of marketed drugs. In order to help ensure this, FDA issued regulations at §§ 310.305 and 314.80 (21 CFR 310.305 and 314.80) to impose reporting and recordkeeping requirements on the drug industry that would enable FDA to take the action necessary to protect the public health from adverse drug experiences.

    All applicants who have received marketing approval of drug products are required to report to FDA serious, unexpected adverse drug experiences (“15-day Alert reports”), as well as follow up reports (§ 314.80(c)(1)). This includes reports of all foreign or domestic adverse experiences as well as those based on information from applicable scientific literature and certain reports from postmarketing studies. Section 314.80(c)(1)(iii) pertains to such reports submitted by non-applicants.

    Under § 314.80(c)(2), applicants must provide periodic reports of adverse drug experiences. A periodic report includes, for the reporting interval, reports of serious, expected adverse drug experiences and all nonserious adverse drug experiences and an index of these reports, a narrative summary and analysis of adverse drug experiences, an analysis of the 15-day Alert reports submitted during the reporting interval, and a history of actions taken because of adverse drug experiences. Under § 314.80(i), applicants must keep for 10 years records of all adverse drug experience reports known to the applicant.

    For marketed prescription drug products without approved new drug applications or abbreviated new drug applications, manufacturers, packers, and distributors are required to report to FDA serious, unexpected adverse drug experiences as well as follow-up reports (§ 310.305(c)). Section 310.305(c)(5) pertains to the submission of follow-up reports to reports forwarded to the manufacturers, packers, and distributors by FDA. Under § 310.305(f), each manufacturer, packer, and distributor shall maintain for 10 years records of all adverse drug experiences required to be reported.

    The primary purpose of FDA's adverse drug experience reporting system is to enable identification of signals for potentially serious safety problems with marketed drugs. Although premarket testing discloses a general safety profile of a new drug's comparatively common adverse effects, the larger and more diverse patient populations exposed to the marketed drug provide the opportunity to collect information on rare, latent, and long-term effects. Signals are obtained from a variety of sources, including reports from patients, treating physicians, foreign regulatory agencies, and clinical investigators. Information derived from the adverse drug experience reporting system contributes directly to increased public health protection because the information enables FDA to make important changes to the product's labeling (such as adding a new warning), decisions about risk evaluation and mitigation strategies or the need for postmarket studies or clinical trials, and when necessary, to initiate removal of a drug from the market.

    Respondents to this collection of information are manufacturers, packers, distributors, and applicants. The following estimates are based on FDA's knowledge of adverse drug experience reporting, including the time needed to prepare the reports, and the number of reports submitted to the Agency.

    FDA estimates the burden of this collection of information as follows:

    Table 1—Estimated Annual Reporting Burden 12 21 CFR section Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Total annual
  • responses
  • Average burden per response Total hours
    310.305(c)(5) 3 1 3 1 3 314.80(c)(1)(iii) 5 1 5 1 5 314.80(c)(2) 724 19.33 13,996 60 839,760 Total 839,768 1 The reporting burden for § 310.305(c)(1), (c)(2), and (c)(3), and § 314.80(c)(1)(i) and (c)(1)(ii) is covered under OMB Control No. 0910-0291. 2 The capital costs or operating and maintenance costs associated with this collection of information are approximately $25,000 annually.
    Table 2—Estimated Annual Recordkeeping Burden 12 21 CFR section Number of
  • recordkeepers
  • Number of records per recordkeeper Total annual records Average burden per recordkeeping Total hours
    310.305(f) 25 1 25 16 400 314.80(i) 724 508 367,959 16 5,887,344 Total 5,887,744 1 There are no capital costs or operating costs associated with this collection of information. 2 There are maintenance costs of approximately $22,000 annually.
    Dated: March 6, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-05591 Filed 3-11-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial Review

    In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces a meeting for the initial review of applications in response to DP15-007, Effectiveness of Teen Pregnancy Prevention Programs Designed Specifically for Young Males.

    Time and Date: 9:00 a.m.—6:00 p.m., April 7-9, 2015 (Closed).

    Place: Teleconference.

    Status: The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c)(4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463.

    Matters for Discussion: The meeting will include the initial review, discussion, and evaluation of applications received in response to “Effectiveness of Teen Pregnancy Prevention Programs Designed Specifically for Young Males”, DP15-007.

    Contact Person for More Information: M. Chris Langub, Ph.D., Scientific Review Officer, CDC, 4770 Buford Highway, NE., Mailstop F-80, Atlanta, Georgia 30341, Telephone: (770) 488-3585, [email protected]

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Elaine L. Baker, Director, Management Analysis and Services Office Centers for Disease Control and Prevention.
    [FR Doc. 2015-05575 Filed 3-11-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary [Document Identifier: HHS-OS-0990—New-60D] Agency Information Collection Activities; Proposed Collection; Public Comment Request AGENCY:

    Office of the Secretary, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, announces plans to submit a new Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). Prior to submitting the ICR to OMB, OS seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR.

    DATES:

    Comments on the ICR must be received on or before May 11, 2015.

    ADDRESSES:

    Submit your comments to [email protected] or by calling (202) 690-6162.

    FOR FURTHER INFORMATION CONTACT:

    Information Collection Clearance staff, [email protected] or (202) 690-6162.

    SUPPLEMENTARY INFORMATION:

    When submitting comments or requesting information, please include the document identifier HHS-OS-0990—New-60D for reference.

    Information Collection Request Title: HHS Entrepreneurs-in-Residence Program (EIR).

    Abstract: The HHS IDEA Lab, in the Immediate Office of the Secretary, is requesting an approval by Office of Management and Budget (OMB) on a new information collection, which is critical to the success of the HHS EIR program, and identifies private sector entrepreneurs with unique skill sets not available in government to join HHS for a year to work on critical initiatives. The information collection for the HHS EIR custom form management system involves obtaining candidate resumes and responses to short essay questions specifically designed to determine whether entrepreneurs have the knowledge, skills and abilities to successfully complete HHS EIR projects in the government context and mentor existing government staff to acquire new, entrepreneurial skills.

    Likely Respondents: The candidate pools, targeted for the HHS EIR program are serial private sector entrepreneurs with no prior federal government experience.

    Total Estimated Annualized Burden—Hours Form name Number of
  • respondents
  • Number of
  • responses per respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total burden hours
    HHS EIR Application 150 1 1 150 Total 150 1 1 150

    OS specifically requests comments on (1) the necessity and utility of the proposed information collection for the proper performance of the agency's functions, (2) the accuracy of the estimated burden, (3) ways to enhance the quality, utility, and clarity of the information to be collected, and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    Terry S. Clark, Deputy Information Collection Clearance Officer.
    [FR Doc. 2015-05624 Filed 3-11-15; 8:45 am] BILLING CODE 4150-03-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Cancer Institute Special Emphasis Panel; NCI Omnibus R03 & R21 SEP-12.

    Date: April 30, 2015.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Dona Love, Ph.D. Scientific Review Officer, Special Review Branch, Division of Extramural Activities, National Cancer Institute, 9609 Medical Center Drive, Room 7W236, Bethesda, MD 20850, 240-276-5264, [email protected]

    Name of Committee: National Cancer Institute Special Emphasis Panel; Omnibus SEP-10.

    Date: April 30, 2015.

    Time: 9:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Cancer Institute Shady Grove, 9609 Medical Center Drive, Room 7W602, Rockville, MD 20850, (Telephone Conference Call).

    Contact Person: Delia Tang, Ph.D., Scientific Review Officer, Research Program Review Branch, Division of Extramural Activities, National Cancer Institute, 9609 Medical Center Drive, Room 7W602, Bethesda, MD 20892, 240-276-6456, [email protected].

    Information is also available on the Institute's/Center's home page: http://deainfo.nci.nih.gov/advisory/sep/sep.htm, where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)
    Dated: March 6, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-05568 Filed 3-11-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial Review

    In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces a meeting for the initial review of applications in response to (FOA) DP15-005, Evaluation of a Stepped Care Approach for Perinatal Depression Treatment in Obstetrics and Gynecology Clinics.

    Time and Date: 10:00 a.m.-6:00 p.m., April 1, 2015 (Closed).

    Place: Teleconference.

    Status: The meeting will be closed to the public in accordance with provisions set forth in section 552b(c)(4) and (6), title 5 U.S. C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Pub. L. 92-463.

    Matters for Discussion: The meeting will include the initial review, discussion, and evaluation of applications received in response to “Evaluation of a Stepped Care Approach for Perinatal Depression Treatment in Obstetrics and Gynecology Clinics”, DP15-005.

    Contact Person for More Information: M. Chris Langub, Ph.D., Scientific Review Officer, CDC, 4770 Buford Highway NE., Mailstop F-80, Atlanta, Georgia 30341, Telephone: (770) 488-3585, [email protected]

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2015-05574 Filed 3-11-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial Review

    In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces a meeting for the initial review of applications in response to (FOA) DP15-009, Improving Surveillance and Prevention of Epilepsy Burden in U.S. Communities.

    Time and Date: 10:00 a.m.—6:00 p.m., March 31, 2015 (Closed).

    Place: Teleconference.

    Status: The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c)(4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463.

    Matters for Discussion: The meeting will include the initial review, discussion, and evaluation of applications received in response to “Improving Surveillance and Prevention of Epilepsy Burden in US Communities”, DP15-009.

    Contact Person for More Information: M. Chris Langub, Ph.D., Scientific Review Officer, CDC, 4770 Buford Highway, NE., Mailstop F-80, Atlanta, Georgia 30341, Telephone: (770) 488-3585, [email protected]

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2015-05576 Filed 3-11-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Proposed Collection; 60-Day Comment Request Web-Based Resource for Youth About Clinical Research (NHLBI) SUMMARY:

    In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the National Heart, Lung and Blood Institute (NHLBI), National Institutes of Health (NIH), will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget (OMB) for review and approval.

    Written comments and/or suggestions from the public and affected agencies are invited on one or more of the following points: (1) Whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility; (2) The accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) Ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    To Submit Comments and For Further Information: To obtain a copy of the data collection plans and instruments, submit comments in writing, or request more information on the proposed project, contact: Ms. Victoria Pemberton, National Heart, Lung, and Blood Institute, National Institutes of Health, 6701 Rockledge Dr., Room 8102, MSC 7940, Bethesda, MD 20892-7940, or call non-toll-free number 301-435-0510, or Email your request, including your address to [email protected] Formal requests for additional plans and instruments must be requested in writing.

    DATES:

    Comment Due Date: Comments regarding this information collection are best assured of having their full effect if received within 60 days of the date of this publication.

    Proposed Collection: Web-based Resource for Youth about Clinical Research (NHLBI), 0925-New, National Heart, Lung, and Blood Institute (NHLBI), National Institutes of Health (NIH).

    Need and Use of Information Collection: The purpose and use of the information collection for this project is to develop a comprehensive web-based resource for youth with chronic illnesses or diseases that will attempt to increase knowledge, self-efficacy, and positive attitudes towards participation in various clinical trials and research. As a result of the proposed web-based resource, the knowledge gained from developing and testing this web-based resource will ultimately help equip youth to make informed decisions about clinical research and increase motivation to participate in that research. In addition, the knowledge gained will be invaluable to the field of clinical research given the need for more clinical trials with youth. Specifically, the proposed web-based resource will be an interactive, multimedia, developmentally appropriate resource for youth to be educated about pediatric clinical trials. The resource will be developed for youth aged 8 to 14 years. The theme of “investigative cyber-reporting” will be used throughout and will include youth making a series of decisions about different aspects of participating in clinical research studies. Youth will be tasked with the responsibility of learning all they can about clinical research trials in order to facilitate their knowledge and decision-making processes. Language typically used in journalism and design elements reminiscent of journalism will be incorporated into the content, design, and layout of the resource. There are three main components that will comprise the web-based resource. These include an interactive leaning module, full length video testimonials, and an electronic comic book. The benefits and necessities for this particular research on pediatric clinical trials are congruent with NHLBI's research goals and mission statement: Attempting to assist in the enhancement of the health of individuals so that they can live longer and more fulfilling lives. The current lack of knowledge surrounding pediatric clinical trials can be dangerous and unhealthy towards the lives of youth, becoming a large public health need.

    OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total estimated annualized burden hours are 164.

    Estimates of Hour Burden Form name Type of respondent Number of
  • respondents
  • Number of
  • responses per respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total annual burden hour
    Individual Interview Questionnaire Individual Interviews Study 9 1 2 18 One-to-One Evaluation Questionnaire One-to-One Evaluation Study 5 1 2 10 Pre-Post Study Questionnaire Pre-Post Feedback Study 34 1 4 136
    Dated: February 23, 2015. Lynn Susulske, NHLBI Project Clearance Liaison, National Institutes of Health.
    [FR Doc. 2015-05592 Filed 3-11-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [AAK6006201 156A2100DD AOR3B3030.999900] Draft Environmental Impact Statement for the Proposed Pokagon Band of Potawatomi Indians Fee-to-Trust Transfer for Tribal Village and Casino, City of South Bend, St. Joseph County, Indiana AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice of Availability.

    SUMMARY:

    This notice advises the public that the Bureau of Indian Affairs (BIA), in cooperation with the Pokagon Band of Potawatomi Indians (Tribe), intends to file a draft environmental impact statement (DEIS) with the U.S. Environmental Protection Agency (EPA) for the Tribe's application requesting a fee-to-trust transfer of land located within the municipal limits of the City of South Bend, Indiana, for the construction of a tribal housing, government facilities, and a Class III gaming facility. This notice also announces that the DEIS is available for public review and that a public hearing will be held to receive comments.

    DATES:

    The date of the public meeting will be announced at least 15 days in advance through a notice in the South Bend Tribune and on the following Web site: www.pokagonsouthbendeis.com. Written comments on the DEIS must arrive within 45 days after EPA publishes its Notice of Availability in the Federal Register.

    ADDRESSES:

    The public hearing will be held at the South Bend Century Center, 120 S. St. Joseph Street, South Bend, IN 46601. You may send comments to Mr. Scott Doig, Environmental Protection Specialist, Midwest Regional Office, Bureau of Indian Affairs, 5600 West American Blvd. Suite 500, Bloomington, MN 55437 or via email to [email protected] See the SUPPLEMENTARY INFORMATION section of this notice for addresses where the DEIS is available for review.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Scott Doig, Environmental Protection Specialist, at (612) 725-4514.

    SUPPLEMENTARY INFORMATION:

    Compliance with the National Environmental Policy Act (NEPA) and public review of the DEIS are part of the administrative process for the evaluation of the Tribe's application under the Pokagon Restoration Act, 25 U.S.C. 1300j et seq., and the Department's land-into-trust regulations at 25 CFR part 151. Under the Council on Environmental Quality National Environmental Policy Act (NEPA) regulations (40 CFR 1506.10), the publication of the Notice of Availability by the EPA in the Federal Register initiates the 45-day public comment period.

    The Tribe has requested that the Secretary of the Interior accept in trust status for the benefit of the Tribe certain real property consisting of 18 parcels of land totaling 165.81 acres, more or less, that are located in within the municipal limits of the City of South Bend in St. Joseph County, Indiana. The purpose of the proposed action is to improve access to essential tribal government services, and provide housing, employment opportunities, and economic development for the tribal community residing in northern Indiana. The Tribe proposes to develop 44 housing units, a multi-purpose facility, health service and other tribal government facilities. The Tribe also proposes to develop a Class III gaming facility with a hotel, restaurants, meeting space, and a parking garage.

    The BIA held a public scoping meeting on September 27, 2012. Alternatives considered in the DEIS include: (1) Preferred alternative—South Bend tribal housing government facilities and casino, (2) Elkhart site with same uses as the preferred alternative, (3) South Bend site with government facilities and commercial development, and (4) no action. Environmental issues addressed in the DEIS include land resources, water resources, air quality, biological resources, cultural resources, socioeconomic conditions, resource use, public services, noise, hazardous materials, visual resources, environmental justice, cumulative effects, indirect effects, unavoidable adverse effects, and mitigation.

    Directions for Submitting Comments: Please include your name, return address and the title “DEIS Comments, Pokagon Tribal project” on the first page of your written comments.

    Locations where the DEIS is Available for Review: The DEIS will be available at the South Bend Public Library, main branch-304 S. Main St., South Bend, IN 46601, and the Elkhart Public Library main branch-300 S 2nd St, Elkhart, IN 46516. An electronic version of the DEIS can be viewed at the following Web site: www.pokagonsouthbendeis.com.

    If you would like to obtain a compact disc copy of the DEIS, please provide your name and address in writing or by voicemail to Scott Doig. His contact information is listed in the ADDRESSES section of this notice. Individual paper copies of the DEIS will be provided only upon payment of applicable printing expenses by the requestor for the number of copies requested.

    Public Comment Availability: Comments, including names and addresses of respondents, will be available for public review at the BIA address shown in the ADDRESSES section, during regular business hours, 8:00 a.m. to 4:30 p.m., Monday through Friday, except holidays. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask in your comment that your personal identifying information be withheld from public review, BIA cannot guarantee that this will occur.

    Authority:

    This notice is published in accordance with section 1503.1 of the Council of Environmental Quality regulations (40 CFR 1500 et seq.) and the Department of the Interior Regulations (43 CFR part 46) implementing the procedural requirements of the NEPA (42 U.S.C. 4321 et seq.), and in accordance with the exercise of authority delegated to the Assistant Secretary—Indian Affairs by part 209 of the Department Manual.

    Dated: March 3, 2015. Kevin K. Washburn, Assistant Secretary—Indian Affairs.
    [FR Doc. 2015-05573 Filed 3-11-15; 8:45 am] BILLING CODE 4337-2A-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [15X.LLAZ956000.L14400000.BJ0000.LXSSA225000.241A] Notice of filing of plats of survey; Arizona AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of filing of plats of survey; Arizona.

    SUMMARY:

    The plats of survey of the described lands were officially filed in the Arizona State Office, Bureau of Land Management, Phoenix, Arizona, on dates indicated.

    SUPPLEMENTARY INFORMATION: The Gila and Salt River Meridian, Arizona

    The plat representing the dependent resurvey of portions of Mineral Survey No. 1787, unsurveyed Township 15 North, Range 2 East, accepted October 17, 2014, and officially filed October 20, 2014, for Group 1124, Arizona.

    This plat was prepared at the request of the United States Forest Service.

    The plat representing the dependent resurvey of a portion of the subdivisional lines, the subdivision of section 14, and the survey of a portion of the meanders of the left bank of the Verde River in section 14, Township 14 North, Range 4 East, accepted February 13, 2015, and officially filed February 13, 2015, for Group 1138, Arizona.

    This plat was prepared at the request of the Bureau of Indian Affairs.

    The plat representing the dependent resurvey of a portion of the south boundary, and a portion of the 1966 meanders of the right bank of the Verde River in section 32, and the subdivision of section 32, and the survey of the meanders of the thread of the present natural channel of the Verde River in front of lot 6, section 32, Township 14 North, Range 5 East, accepted February 13, 2015, and officially filed February 17, 2015, for Group 1137, Arizona.

    This plat was prepared at the request of the Bureau of Indian Affairs.

    The plat representing the dependent resurvey of a portion of the subdivisional lines, and metes-and-bounds surveys, partially surveyed Township 11 North, Range 11 East, accepted December 11, 2014, and officially filed December 16, 2014, for Group 1130, Arizona.

    This plat was prepared at the request of the United States Forest Service.

    The plat representing the amended protraction diagram of partially surveyed Township 11 North, Range 11 East, accepted December 11, 2014, and officially filed December 16, 2014.

    This plat was prepared at the request of the Bureau of Land Management.

    The plat representing the dependent resurvey of the east boundary of Township 24 North, Range 21 East, the survey of the south boundary and the subdivisional lines, and the subdivision of certain sections, Township 24 North, Range 22 East, accepted January 23, 2015, and officially filed January 26, 2015, for Group 1126, Arizona.

    This plat was prepared at the request of the Bureau of Indian Affairs.

    The plat representing the dependent resurvey of a portion of the north boundary, a portion of the subdivisional lines, a portion of the subdivision lines within sections 11 and 14, the subdivision of sections 3 and 10, Township 5 North, Range 30 East, accepted February 20, 2015, and officially filed February 24, 2015, for Group 1108, Arizona.

    This plat was prepared at the request of the United States Forest Service.

    The plat representing the dependent resurvey of a portion of the subdivisional lines, and a metes-and-bounds survey in section 28, Township 13 North, Range 4 West, accepted February 20, 2015, and officially filed February 24, 2015, for Group 1140, Arizona.

    This plat was prepared at the request of the Bureau of Land Management.

    The plat representing the subdivision of section 23, and the metes-and-bounds survey of the center line of certain existing roads within the southeast quarter of the northwest quarter, and the northeast quarter of the southwest quarter of section 23, Township 18 North, Range 13 West, accepted January 6, 2015, and officially filed January 7, 2015, for Group No. 1131, Arizona.

    This plat was prepared at the request of the Bureau of Indian Affairs.

    The plat representing the dependent resurvey of a portion of the west and north boundaries, a portion of the subdivisional lines and a portion of Homestead Entry Survey No. 263, and the subdivision of sections 5 and 6, Township 10 South, Range 16 East, accepted December 11, 2014, and officially filed December 12, 2014, for Group 1109, Arizona.

    This plat was prepared at the request of the United States Forest Service.

    The plat representing the dependent resurvey of a portion of the west boundary and a portion of the subdivisional lines, and the subdivision of sections 31 and 32, Township 17 South, Range 19 East, accepted December 9, 2014, and officially filed December 10, 2014, for Group 1115, Arizona.

    This plat was prepared at the request of the United States Forest Service.

    The plat representing the dependent resurvey of a portion of the subdivisional lines, and the subdivision of section 29, Township 6 South, Range 28 East, accepted October 17, 2014, and officially filed October 20, 2014, for Group 1134, Arizona.

    This plat was prepared at the request of the Bureau of Land Management.

    A person or party who wishes to protest against any of these surveys must file a written protest with the Arizona State Director, Bureau of Land Management, stating that they wish to protest.

    A statement of reasons for a protest may be filed with the notice of protest to the State Director, or the statement of reasons must be filed with the State Director within thirty (30) days after the protest is filed.

    FOR FURTHER INFORMATION CONTACT:

    These plats will be available for inspection in the Arizona State Office, Bureau of Land Management, One North Central Avenue, Suite 800, Phoenix, Arizona 85004-4427. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    Gerald T. Davis, Chief Cadastral Surveyor of Arizona.
    [FR Doc. 2015-05572 Filed 3-11-15; 8:45 am] BILLING CODE 4310-32-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [15XL1109AF LLWO260000 L10600000.PC0000 LXSINASR0000] Proposed Collection of Information on Wild Horses and Burros; Request for Comments AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    60-day notice and request for comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act, the Bureau of Land Management (BLM) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below, and invites public comments on the proposed IC.

    DATES:

    Please submit comments on the proposed information collection by May 11, 2015.

    ADDRESSES:

    Comments may be submitted by mail, fax, or electronic mail. Mail: U.S. Department of the Interior, Bureau of Land Management, 1849 C Street NW., Room 2134LM, Attention: Jean Sonneman, Washington, DC 20240. Fax: to Jean Sonneman at 202-245-0050. Electronic mail: [email protected]. Please indicate “Attn: 1004-NEW” regardless of the form of your comments.

    FOR FURTHER INFORMATION CONTACT:

    Sarah Bohl at (202) 912-7263. Persons who use a telecommunication device for the deaf may call the Federal Information Relay Service on 1-800-877-8339, to contact Ms. Bohl. You may contact Ms. Bohl to obtain a copy, at no cost, of the draft discussion guides for the focus groups and in-depth interviews described in this 60-day notice. You may also contact Ms. Bohl to obtain a copy, at no cost, of the regulations that authorize this collection of information.

    SUPPLEMENTARY INFORMATION: I. Proposed Information Collection

    Title: Knowledge and Values Study Regarding the Management of Wild Horses and Burros.

    OMB Control Number: 1004-NEW.

    Frequency: On occasion.

    Respondents' obligation: Voluntary.

    Abstract: The BLM protects and manages wild horses and burros that roam Western public rangelands, under the authority of the Wild Free-Roaming Horses and Burros Act (Act), 16 U.S.C. 1331-1340. The Act requires that wild horses and burros be managed in a manner that is designed to achieve and maintain a thriving natural ecological balance on the public lands. 16 U.S.C. 1333(a). Stakeholders and the general public hold a variety of views on how wild horses and burros should be managed. The BLM has determined that conducting focus groups, in-depth interviews, and a national survey will lead to a better understanding of public perceptions, values, and preferences regarding the management of wild horses and burros on public rangelands.

    After reviewing public comments and making appropriate revisions, the BLM will include the discussion guides in a request for OMB approval. Upon receiving OMB approval, the BLM will conduct the focus groups and in-depth interviews. The results of focus groups and in-depth interviews will be used to help design a national survey, which will be the second and final phase of the research.

    The BLM will prepare a draft of the national survey and publish a second 60-day notice and invite public comments on the draft national survey. After reviewing public comments and making appropriate revisions, the BLM will include the national survey in a request for OMB approval. Upon receiving OMB approval, the BLM will conduct the national survey.

    Need and Proposed Use: The proposed research was recommended by the National Research Council of the National Academy of Sciences in a 2013 report, Using Science to Improve the BLM Wild Horse and Burro Program: A Way Forward. Conducting the focus groups and in-depth interviews will enable the researchers to characterize the range of preferences that exist for wild horse and burro management. The national survey will then assess the distribution of these preferences across the larger population. The research results will assist the BLM to more effectively manage wild horses and burros by providing information to:

    • Help evaluate the benefits and costs of competing rangeland uses and various management options;

    • Help identify areas of common ground and opportunities for collaboration with stakeholder groups; and

    • Communicate more effectively with the public and with stakeholder groups.

    Description of Respondents: The BLM intends to survey a variety of respondents for this project by conducting focus groups, in-depth interviews, and a nationally representative survey. For the focus groups and in-depth interviews, the primary respondents will be individuals belonging to a variety of organizations that have previously lobbied, commented on program policy or activities, or have otherwise sought influence with the BLM in regard to its wild horse and burro program. Representatives of wild horse and burro advocacy groups, domestic horse owners, wild horse adopters, the Western livestock grazing community, environmental conservationists, hunters, and public land managers will be included. Nine focus groups across three locations around the country and up to 12 in-depth interviews will be conducted with individuals from these groups. Focus group participants will be recruited by BLM's research contractor through a variety of approaches tailored to the communities participating in the discussions. In addition, four focus groups (spread across two locations) will be conducted with the general public to explore public understanding of various terms and issues involved in wild horse and burro management so that the questionnaire for the national survey can effectively communicate the relevant topics.

    II. Estimated Reporting and Recordkeeping Burden

    The estimated reporting burden for this collection is 142 responses and 272 hours. There will be no non-hour burdens. The following table details the individual components and estimated hour burdens of this collection.

    Activity Estimated number of
  • respondents
  • Estimated number of
  • responses per respondent
  • Completion time per
  • response
  • Total burden hours
    Focus Groups 130 (13 groups) 1 120 mins 15,600 mins/260 hrs. In-depth Interviews 12 1 60 mins 720 mins/12 hrs. Totals 142 272 hrs.
    III. Request for Comments

    OMB regulations at 5 CFR 1320, which implement provisions of the Paperwork Reduction Act (44 U.S.C. 3501-3521), require that interested members of the public and affected agencies be provided an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d) and 1320.12(a)). The BLM will request that the OMB approve this information collection activity for a 3-year term.

    Comments are invited on: (1) The need for the collection of information for the performance of the functions of the agency; (2) the accuracy of the agency's burden estimates; (3) ways to enhance the quality, utility and clarity of the information collection; and (4) ways to minimize the information collection burden on respondents, such as use of automated means of collection of the information. A summary of the public comments will accompany the BLM's submission of the information collection requests to OMB.

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Jean Sonneman, Information Collection Clearance Officer, Bureau of Land Management.
    [FR Doc. 2015-05623 Filed 3-11-15; 8:45 am] BILLING CODE 4310-84-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [145A21000DDAAK3000000/A0T00000.00000] Tohono O'odham Nation of Arizona's Title 21—Liquor, Chapter 1—Alcoholic Beverage Licensing and Control (Chapter) AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice.

    SUMMARY:

    This notice publishes the amendment to the Tohono O'odham Nation's Title 21—Liquor, Chapter 1—Alcoholic Beverage Licensing and Control (Chapter). This Chapter amends the existing Chapter 1—Alcoholic Beverages Licensing and Control Ordinance, Ordinance No. 05-82, enacted by the Papago Tribal Council, which was published in the Federal Register on October 27, 1982 (47 FR 47687).

    DATES:

    Effective Date: This code shall become effective 30 days after March 12, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Sharlot Johnson, Tribal Government Services Officer, Western Regional Office, Bureau of Indian Affairs, 2600 North Central Avenue, Phoenix, AZ 85004, Telephone: (602) 379-6786, Fax: (602) 379-379-4100; or Laurel Iron Cloud, Chief, Division of Tribal Government Services, Office of Indian Services, Bureau of Indian Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240, Telephone (202) 513-7641.

    SUPPLEMENTARY INFORMATION:

    Pursuant to the Act of August 15, 1953, Public Law 83-277, 67 Stat. 586, 18 U.S. C. 1161, as interpreted by the Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of the Interior shall certify and publish in the Federal Register notice of adopted liquor ordinances for the purpose of regulating liquor transactions in Indian country. On January 16, 2015, the Tohono O'odham Legislative Council of the Tohono O'odham Nation duly adopted the amendments to the Nation's Title 21—Liquor, Chapter 1—Alcoholic Beverage Licensing and Control (Chapter) by Resolution NO. 15-015. This Federal Register Notice amends and supersedes the Alcoholic Beverages Licensing and Control Ordinance No. 05-82, enacted by the Papago Tribal Council, published in the Federal Register on October 27, 1982 (47 FR 47687).

    This notice is published in accordance with the authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs. I certify that the Legislative Council of the Tohono O'odham Nation of Arizona duly adopted this amendment to the Nation's Title 21—Liquor, Chapter 1—Alcoholic Beverage Licensing and Control (Chapter) on January 16, 2015.

    Dated: March 6, 2015. Kevin Washburn, Assistant Secretary—Indian Affairs.

    The Tohono O'odham Nation's Title 21—Liquor, Chapter 1—Alcoholic Beverage Licensing and Control (Chapter), as amended, shall read as follows:

    TITLE 21—LIQUOR CHAPTER 1—ALCOHOLIC BEVERAGES LICENSING AND CONTROL

    Statement of Purpose: A chapter alternatively prohibiting or sanctioning and licensing the introduction, sale, possession and consumption of alcoholic beverages within the exterior boundaries of the Tohono O'odham Reservation, Arizona.

    ARTICLE I—TITLE; INTERPRETATION; PROHIBITION; DISTRICT OPTION; SANCTION Section 1101 Short Title

    This chapter may be cited as 21 T.O.C. Chapter 1—Alcoholic Beverages Licensing and Control.

    Section 1102 Interpretation

    This chapter shall be deemed an exercise of the police power of the Tohono O'odham Nation for the protection of the public welfare, health peace and morals of the people of the Tohono O'odham Reservation and all provisions of this chapter shall be liberally construed for the accomplishment of this purpose.

    Section 1103 Prohibition

    The introduction, sale, possession and consumption of spirituous liquor within the exterior boundaries of the Tohono O'odham Reservation in violation of the federal Indian liquor laws, 18 U.S. C. 1154 and 1156, or in violation of the Criminal Code of the Tohono O'odham Nation is prohibited, except within the exterior boundaries of any of the twelve (12) Districts of the Tohono O'odham Nation which have, in accordance with the provisions of Section 1104 of this Article, sanctioned the introduction, sale, possession and consumption of spirituous liquor within the District in conformity with this chapter.

    Section 1104 District Option

    Each of the 12 Districts of the Tohono O'odham Nation are empowered to sanction the introduction, sale, possession and consumption of spirituous liquor within the exterior boundaries of the District in conformity with this chapter as follows:

    District Council: The District Council may by action of a majority of its members sanction the introduction, sale, possession and consumption of spirituous liquor within the exterior boundaries of the District. The action of the District Council shall be memorialized by formal resolution and shall be submitted to the Tohono O'odham Legislative Council for approval. Upon approval of the resolution by the Legislative Council, the introduction, sale, possession and consumption of spirituous liquor in conformity with this chapter shall be lawful within the exterior boundaries of the District. (A) Election: The question of whether a District should sanction the introduction, sale, possession and consumption of spirituous liquor within the exterior boundaries of the District in conformity with this chapter shall be put to a referendum vote of the registered voters of the District upon receipt by the Tohono O'odham Election Board (1) of a resolution of the District Council requesting such referendum election, or (2) of a petition of registered voters of the District requesting such referendum election signed by at least ten per cent of the number of voters voting for candidates for the office of Representative to the Legislative Council from the District at the last general election of the Tohono O'odham Nation. Upon receipt of a petition the Election Board shall determine whether a sufficient number of registered voters from the District have signed the petition. If the resolution or valid petition is received by the Election Board within 180 days prior to the general election of the Tohono O'odham Nation, the referendum ballot shall be submitted to the voters at the general election. If the resolution or petition is received by the Board at any other time, it shall conduct a special referendum election in the District within ninety days of receipt of the resolution or valid petition in conformity with the Uniform Election Chapter on a date designated by the District Council. The referendum ballot shall contain the following question: “Shall the introduction, sale, possession and consumption of spirituous liquor be made lawful within the exterior boundaries of this District in conformity with the Alcoholic Beverages Licensing and Control Chapter of the Tohono O'odham Nation?”

    The registered voters of the District shall vote on said question, those in favor voting “Yes” on their ballots and those opposed “No”, and the Election Board shall determine the number of votes cast for and against the referendum measure, and shall issue and post its Certificate of Election Results in conformity with the Uniform Election Chapter. If a majority of the votes cast was in favor of the referendum measure, the Legislative Council shall at its next meeting issue its certificate of election and the introduction, sale, possession and consumption of spirituous liquor in conformity with this chapter shall thereafter be lawful within the exterior boundaries of the District.

    Section 1105 Sanction

    The introduction, sale, possession and consumption of spirituous liquor shall be lawful within the exterior boundaries of any of the twelve (12) Districts of the Tohono O'odham Reservation which have, in accordance with the provisions of Section 1104 of this Article, sanctioned the introduction, sale, possession and consumption of spirituous liquor within their respective Districts in conformity with this chapter. The federal Indian liquor laws shall, however, remain applicable to any act or transaction which is not in conformity with this chapter. Violations of this chapter by any person may be subject to federal prosecution as well as legal action in the Tohono O'odham Judicial Courts.

    ARTICLE II—DEFINITIONS

    In this chapter, unless the context otherwise requires:

    (A) “Beer” means any beverage obtained by the alcoholic fermentation, infusion or decoction of barley, malt, hops, or other ingredients not drinkable, or any combination of them.

    (B) “Broken package” means any container of spirituous liquor on which the United States tax seal has been broken or removed, or from which the cap, cork or seal placed thereupon by the manufacturer has been removed.

    (C) “Commission” means the liquor licenses and control commission of the Tohono O'odham Nation.

    (D) “Election days” means the biennial primary election for the nomination of United States, state, county and precinct officers, a special election called pursuant to Section 1, Article 21 of the Constitution of the State of Arizona, the biennial general election of the State of Arizona, and the biennial primary or general elections and any special elections of the Tohono O'odham Nation, and any Secretarial election called pursuant to Section 16 of the Indian Reorganization Act of June 18, 1934, as amended.

    (E) “License” or “Tribal License” means a license issued pursuant to the provisions of this chapter.

    (F) “Licensee” or “Tribal licensee” means a person who has been issued a license pursuant to the provisions of this chapter.

    (G) “Off-sale retailer” means any person operating an established general merchandise or retail store selling groceries and commodities other than spirituous liquors and engaged in the sale of spirituous liquors only in the original package, to be taken away from the store premises and to be consumed off the premises.

    (H) “On-sale retailer” means any person operating an establishment where spirituous liquors are sold in the original container for consumption on or off the premises and in individual portions for consumption on the premises.

    (I) “Person” includes partnership, associations, company or corporation, as well as a natural person.

    (J) “Premises” or “Licensed premises” means the area from which the licensee is authorized to sell, dispense or serve spirituous liquors under the provisions of the license.

    (K) “Sanctioning District” means any of the twelve (12) Districts of the Tohono O'odham Reservation which have sanctioned the introduction, sale, possession and consumption of spirituous liquor within the District in conformity with this chapter, in accordance with the provisions of Section 1104 of Article I of this chapter.

    (L) “Sell” includes soliciting or receiving an order for, keeping or exposing for sale, delivering for value, peddling, keeping with intent to sell and trafficking in.

    (M) “Spirituous liquor” includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor, malt beverage, absinthe or compound or mixture of any of them, or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, and any liquid mixture or preparation, whether patented or otherwise, which produces intoxication, fruits preserved in ardent spirits, and beverages containing more than 1/2 of 1 per cent of alcohol by volume.

    (N) “Wines” means the product obtained by the fermentation of grapes or other agricultural products containing natural or added sugar or any such alcoholic beverage fortified with grape brandy and containing not more than 24 per cent of alcohol by volume.

    ARTICLE III—UNLAWFUL ACTS

    It is unlawful within the exterior boundaries of a sanctioning District:

    Section 1301 For a person to have in his possession or custody or under his control a still or distilling apparatus, and any mash, wort or wash, for distillation or for the production of spirits or alcohol, and any still, distilling apparatus, mash, wort, wash or finished product produced therefrom found on or within the exterior boundaries of the Tohono O'odham Reservation shall be forfeited to the Tohono O'odham Nation, and shall forthwith be destroyed by the Tohono O'odham Police.

    Section 1302 For a person to buy for resale, sell or deal in spirituous liquors on or within the exterior boundaries of a sanctioning District, without first having procured a valid license issued by the commission or otherwise first complying with the provisions of this chapter.

    Section 1303 For any person, except the commission, to import spirituous liquors into the Tohono O'odham Reservation from a foreign country unless:

    (A) such person is over 21 years of age.

    (B) such person has been physically within such foreign country immediately prior to such importation and such importation coincides with his return from such foreign country.

    (C) the amount of spirituous liquor imported does not exceed the amount permitted under federal law to be imported duty free in any period of thirty-one days.

    Section 1304 For a person to take or solicit orders for spirituous liquors, except from or through the Tohono O'odham liquor licenses and control commission, or in accordance with any regulation of such commission.

    Section 1305 For a licensee, or an officer or employee of a Tohono O'odham Liquor Store, to employ a person under the age of nineteen (19) years to manufacture, sell or dispose of spirituous liquors. The provisions of this paragraph shall not prohibit the employment by an off-sale retailer of persons who are at least sixteen years of age to check out, if supervised by a person on the premises who is at least nineteen years of age, package or carry merchandise, including spirituous liquor, in unbroken packages, for the convenience of the customer of the employer, if the employer sells primarily merchandise other than spirituous liquor.

    Section 1306 Except as provided in Sections 1305 and 1309, for a licensee, or an officer or employee of a Tohono O'odham Liquor Store, or any other person to sell, furnish, dispose of, give, or cause to be sold, furnished, disposed of or given, to any person under the age of 21 years, or for a person under the age of 21 years to buy, receive, have in his possession or consume spirituous liquors. This paragraph shall not prohibit the employment of an off-sale retailer of persons who are at least sixteen years of age to check out, if supervised by a person on the premises who is at least nineteen years of age, package or carry merchandise, including spirituous liquor, in unbroken packages, for the convenience of the customer of the employer, if the employer sells primarily merchandise other than spirituous liquor. It shall be the responsibility of the licensee or the manager of a Tohono O'odham Liquor Store, or their employees, and of anyone acting in their behalf to ascertain that the purchaser, acquirer or consumer of any intoxicating beverage, either by the drink or by the bottle or other container, is 21 years of age or older.

    Section 1307 For a person under 21 years of age to offer or present to a licensee or their employees, or to officers of employees of a Tohono Liquor Store, or to other persons a fraudulent or false certificate of birth or other written evidence of age which is not actually his own, or to otherwise misrepresent his age for the purpose of inducing such licensee, manager or employee or other person to sell, give, serve or furnish spirituous liquors contrary to law.

    Section 1308 To influence or attempt to influence the sale, giving or serving of spirituous liquor to a person under 21 years of age by misrepresenting the age of such person or to order, request, receive or procure spirituous liquor from any licensee, employee or other person for the purpose of selling, giving or serving it to a person under 21 years of age.

    Section 1309 For an on-sale licensee to employ a person under the age of 21 years in any capacity connected with the handling of spirituous liquors.

    Section 1310 For a licensee or an employee of a Tohono O'odham Liquor Store, when engaged in waiting on or serving customers, to consume spirituous liquor or remain on or about the premises while in an intoxicated or disorderly condition.

    Section 1311 For an employee of a licensee or of a Tohono O'odham Liquor Store, during his working hours or in connection with his employment, to give or purchase for any other person, accept a gift of, purchase for himself or consume spirituous liquor.

    Section 1312 For licensee or an employee thereof, or for a Tohono O'odham Liquor Store (except as in this chapter otherwise provided), or for any other person to sell or offer to sell, directly or indirectly, or to sanction the sale on credit of spirituous liquor, or to give, lend or advance money or anything of value to any person for the purpose of purchasing or bartering for, spirituous liquor, except that sales of spirituous liquor consumed on the licensed premises may be included on bills rendered to registered guests in hotels and motels, and spirituous liquor sales for on-premises consumption only in connection with a served meal may be made a part of charges to patrons of bona fide restaurants whose credit is based upon standard bona fide credit cards.

    Section 1313 For a licensee or a Tohono O'odham Liquor Store, or an employee thereof, or for any person to serve, sell, or furnish spirituous liquor to an intoxicated or disorderly person, or for a licensee or a Tohono O'odham Liquor Store, or employee thereof, to allow or permit an intoxicated or disorderly person to come into or remain on or about his premises.

    Section 1314 For a licensee or a Tohono O'odham Liquor Store, or an employee thereof, to sell, dispose of, deliver, or give spirituous liquor to a person, or allow a person to consume spirituous liquors on his premises during hours polling places are open for voting on election days, or between the hours of 1:00 o'clock a.m. and 6:00 o'clock a.m. on weekdays and 1:00 o'clock a.m. and 12:00 o'clock noon Sundays.

    Section 1315 For an off-sale retailer or a Tohono O'odham Liquor Store retailer to sell spirituous liquors except in the original container or to permit spirituous liquor to be consumed on the premises.

    Section 1316 For an on-sale retail licensee to employ a person for the purpose of soliciting the purchase of spirituous liquors by patrons of the establishment for themselves, on a percentage basis or otherwise. No licensee shall serve employees or allow a patron of the establishment to give spirituous liquor to, or to purchase liquor for or drink liquor with, any employee.

    Section 1317 For a person to consume spirituous liquor from a broken package in a public place, thoroughfare or gathering. This paragraph shall not apply to sale of spirituous liquors on the premises of and by an on-sale retail licensee. This paragraph shall also not apply to a person consuming beer from a broken package in a public recreation area, at a community feast house, park or meeting place pursuant to the customs of the community, or on private property with permission of the owner or lessor or on the walkways surrounding such private property.

    Section 1318 For a person to have in his possession or to transport spirituous liquor which is manufactured in a distillery, winery, brewery, or rectifying plant contrary to the laws of the United States.

    ARTICLE IV—LIQUOR LICENSES AND CONTROL COMMISSION Section 1401 Appointment of members; terms; payment

    There is created the liquor licenses and control commission which shall consist of three members appointed by the Legislative Council. Of the members first appointed, one shall be appointed for a term of three years, one for a term of two years, and one for a term of one year from the date of his appointment and until his successor shall have been appointed and qualified. Thereafter, all appointments shall be for terms of three years or until successors are appointed or qualified. No member of the commission, or any officer or employee of the commission shall be financially interested, directly or indirectly, in any business licensed to deal in spirituous liquor. The Legislative Council may remove any member of the commission for cause. The members of the commission shall appoint from among their membership a chairman and vice chairman, who shall serve at the pleasure of the commission. The majority of the commission shall constitute a quorum, but no decision of the commission on any matter shall be valid unless made upon the concurrence of the majority of the members. Members of the commission shall be entitled to receive, upon presentation of proper vouchers, such per diem and mileage payments as the Legislative Council shall from time to time establish for its standing committees, boards and commissions.

    Section 1402 General powers of commission

    The commission shall have the following powers and duties:

    (A) To buy, import or have in its possession for sale, and sell spirituous liquor in the manner set forth in this chapter.

    (B) To have control and supervision of the purchase, importation, transportation and sale of spirituous liquor in accordance with the provisions of this chapter, and to fix the wholesale and retail prices at which spirituous liquors are to be sold at Tohono O'odham Liquor Stores: Provided, that in fixing the sales prices, the commission shall not give any preference or make any discriminations as to classes, brands or otherwise, except where special sales are deemed necessary to remove unsaleable merchandise, or except where the addition of a service or handling charge to the fixed sales price of any merchandise in the same comparable price bracket, regardless of class, brand or otherwise is, in the opinion of the commission, required for the efficient operation of the Tohono O'odham store system.

    (C) To determine the villages in sanctioning Districts within which Tohono O'odham Liquor Stores shall be established and locations of the stores within such villages.

    (D) To grant, issue, suspend and revoke all licenses authorized to be issued under this chapter and the regulations of the commission.

    (E) By regulation to require on-sale retailers to engage and provide security guards where deemed necessary by the commission to enforce the provisions of this chapter.

    (F) To acquire, lease, furnish and equip such buildings, rooms or other accommodations as shall be required for the operation of this chapter.

    (G) To appoint, fix the compensation and define the powers and duties of such managers, officers, clerks and other employees as shall be required for the operation of this chapter.

    (H) To determine the nature, form and capacity of all packages and original containers to be used for containing spirituous liquor.

    (I) Without in any way limiting or being limited by the foregoing, to do all such things and perform all such acts as are deemed necessary or advisable for the purpose of carrying into effect the provisions of this chapter and the regulations made thereunder.

    (J) Issue administrative rulings in response to a written inquiry from licensees or applicants regarding the application of this chapter. The inquiries shall state with specificity the facts involved in the question. The rulings shall be determinative of subsequent treatment of the matter and may be relied upon by the licensee or applicant until a regulation related to the subject of the inquiry is adopted. Any ruling remains in effect until a regulation related to the subject of the inquiry is adopted.

    (K) From time to time, to make such regulations not inconsistent with this chapter as it may deem necessary for the efficient administration of this chapter. The commission shall cause such regulations to be published and disseminated throughout the Tohono O'odham Reservation in such manner as it shall deem necessary and advisable. Such regulations adopted by the commission shall have the same force as if they formed a part of this chapter.

    (L) To investigate, whenever any person complains, or when the commission is aware that there is reasonable grounds to believe that spirituous liquor is being sold on premises not licensed under the provisions of this chapter. If the investigation produces evidence of the unlawful sale of spirituous liquor or of any other violation of the provisions of this chapter, the commission shall cause the prosecution of the person or persons believed to have been liable for the unlawful acts.

    Section 1403 Specific subjects on which commission may adopt regulations

    Subject to the provisions of this chapter and without limiting the general power conferred by the preceding section, the commission may make regulations regarding:

    (A) The equipment and management of Tohono O'odham Liquor Stores and warehouses in which spirituous liquor is kept or sold, and the books and records to be kept therein.

    (B) The duties and conduct of the officers and employees of the commission.

    (C) The purchase as provided in this chapter of spirituous liquor, and its supply to Tohono O'odham Liquor Stores.

    (D) The classes, varieties and brands of spirituous liquor to be kept and sold in Tohono O'odham Liquor Stores.

    (E) The issuing and distribution of price lists for the various classes, varieties or brands of spirituous liquor kept for sale by the commission under this chapter.

    (F) Forms to be used for the purposes of this chapter.

    (G) The issuance of licenses and the conduct, management, sanitation and equipment of licensed premises.

    (H) The place and manner of depositing the receipts of Tohono O'odham Liquor Stores and the transmission of balances to the Treasurer of the Tohono O'odham Nation.

    ARTICLE V—TOHONO O'ODHAM LIQUOR STORES Section 1501 Commission to establish Tohono O'odham Liquor Stores

    The commission shall establish, equip, operate and maintain, at such places throughout the Tohono O'odham Reservation as it shall deem essential and advisable, stores to be known as “Tohono O'odham Liquor Stores” and warehouses and other merchandising facilities for the sale of spirituous liquors in accordance with the provisions of regulations made under this chapter. A Tohono O'odham warehouse and wholesale store shall be located on the Tohono O'odham Reservation in a place designated by the commission. When the commission shall have determined upon the location of a liquor store in any village within a sanctioning District, it shall give notice of such location by posting such notice for a period of at least thirty days following its determination in a conspicuous place on the outside of the premises in which the proposed store is to operate or, in the event that a new structure is to be built, in a similarly visible location. The notice shall be in such form, of such size and containing such provisions as the commission may require by its regulations. If, prior to the last day of such posted notice, ten or more persons residing within a one-half mile radius from such location, or the Village Council of the village within which such store is to be located, shall file a protest with the District Council of the District averring that the location is objectionable because of its proximity to a church, a school, or to a private residence, the District Council shall forthwith hold a hearing affording an opportunity to the protestants and to the commission to present evidence. The District Council shall render its decision immediately upon the conclusions of the testimony and from the decision there shall be no appeal. If the District Council shall determine that the proposed location is undesirable for the reasons set forth in the protest, the commission shall abandon it and find another location.

    The commission may acquire or lease any rooms, buildings, warehouses or other merchandising facilities, and may purchase equipment and appointments necessary to carry out the provisions of this chapter.

    Section 1502 Selection of Personnel

    Officers and employees of the commission, except as herein provided, shall be appointed and employed in accordance with the employment practices and policies of the Tohono O'odham Nation.

    Section 1503 Appointment of Superintendent and Managers of Tohono O'odham Liquor Stores

    The commission shall appoint a person who shall serve at the discretion of the commission; shall be the chief administrative officer of the commission and shall be known as the “superintendent” of liquor licenses and control. He shall be responsible for carrying out the administrative provisions of this chapter and of the regulations adopted by the commission under this chapter. Every Tohono O'odham Liquor Store and/or commission warehouse or merchandising facility shall be under the supervision of a person appointed by the commission who shall be known as the “manager” and who shall, under direction of the commission, be responsible for carrying out the provisions of this chapter and the regulations adopted by the commission under this chapter as far as they relate to the conduct of such store, warehouse or facility. The superintendent may act as manager of such store, warehouse and/or facility.

    Section 1504 Sales by Tohono O'odham Liquor Stores

    (A) Every Tohono O'odham Liquor Store shall keep in stock for sale such classes, varieties and brands of spirituous liquors as the commission shall prescribe.

    (B) Every Tohono O'odham Liquor Store shall sell spirituous liquors to Tribal licensees, licensed under this chapter, at standard wholesale discount prices established by the commission. All other sales by such stores shall be at retail prices. No liquor shall be sold except for cash, except that the commission may by regulation authorize the acceptance of checks for liquor sold at wholesale. The commission shall have the power to designate certain stores for wholesale or retail exclusively.

    Section 1505 Working Capital

    The net profits of the commission shall be general revenue of the Tohono O'odham Nation. The commission is authorized to keep and have on hand a stock of spirituous liquor for sale, the value of which, computed on less carload price quotations f.o.b. warehouse filed by spirituous liquor vendors, shall not at any time exceed the amount of working capital authorized. The maximum permanent working capital of the commission is established at $200,000.00 and permanent advances up to this amount may be authorized by the Chairman of the Legislative Council upon recommendation of the commission with the approval of the Treasurer of the Nation. At any time the total working capital exceeds the amount necessary to provide a turnover of stock approximately eight times annually, the Chairman, upon recommendation of the Treasurer of the Nation, may authorize the return of such excess to the general fund of the Tohono O'odham Nation.

    Section 1506 Audits

    It shall be the duty of the Treasurer of the Nation to make or cause to be made such audits as may be necessary in connection with the administration of the financial affairs of the commission and the Tohono O'odham Liquor Stores operated and maintained by the commission.

    Section 1507 Tribal Taxes

    Subject to the provision relating to wholesale sales contained in subsection (B) of Section 1504 above, the commission shall sell spirituous liquors at a price to be determined by the commission, which price shall include any luxury or transaction privilege or other taxes, levied and imposed by the Tohono O'odham Nation. All net revenue derived from such taxes shall be deposited to the credit of the general fund of the Tohono O'odham Nation.

    ARTICLE VI—LICENSES AND REGULATIONS Section 1601 Authority to issue liquor licenses

    Subject to the provisions of this chapter and regulations made thereunder, the commission shall have the authority to issue on-sale and off-sale retailers' licenses for any premises kept or operated by any person licensed to operate a general merchandise or retail store, a restaurant, bar, motel or hotel within a sanctioning District on the Tohono O'odham Reservation.

    Section 1602 Application procedure

    Every applicant for a spirituous liquor license, or for the transfer of an existing license to himself or to another premises not then licensed, shall make application therefor on a form prescribed or furnished by the commission in duplicate, and shall file one copy with the commission and the other with the District Council of the sanctioning District where the applicant desires to do business. The applicant shall also post notice of his application (in such form, of such size and containing such provisions as the commission may require by its regulations) in a conspicuous place on the outside of the premises in which he proposes to do business, or, in the event that a new structure is to be built, in a similar visible location, with a statement requiring a person who is a resident of the age of nineteen years or more residing, owning or leasing property within a one-half radius from such location and who is opposed to such application, to file a written protest with the District Council within thirty (30) days after the date of posting. Proof of posting such notice shall be filed with the District Council and with the commission. The District Council shall then hold a hearing affording an opportunity to any protestants and the applicant to present evidence. The District Council shall render its decision and from this decision there shall be no appeal. If the District Council should recommend approval of the application, it shall file a copy of the Resolution certifying such approval with the commission and the commission shall set the application for hearing by the commission. The commission shall consider the application and any other facts relating to the qualifications of the applicant and shall approve or disapprove each application within one hundred and twenty (120) days after filing of the application.

    Section 1603 Qualifications of spirituous liquor licensees

    (A) Every licensee shall, if required, have a valid Federal license to trade with Indians pursuant to Part 140, Title 25, Code of Federal Regulations.

    (B) No corporation shall receive or hold a license except through a designated agent who shall be a natural person. Upon the death, resignation or discharge of such agent, the license shall be assigned forthwith to another qualified agent selected by the corporation.

    (C) Every licensee, whether Indian or non-Indian, shall be subject to the civil jurisdiction of the Tohono O'odham Judicial Courts, and every non-Indian applicant for a license shall file his written consent to such jurisdiction with his application.

    (D) No person who holds, either by appointment or election, any public office which involves the duty to enforce any of the penal laws of the United States or of the Tohono O'odham Nation shall be issued a license, nor shall such person have any interest, directly or indirectly, in such license.

    (E) No license shall be issued to any person who, within one (1) year prior to application therefor, has violated any provision of a spirituous liquor license theretofore issued or has had a license revoked.

    Section 1604 Application for licenses

    (A) Every applicant for a spirituous liquor license, or for the transfer of an existing license to himself or to another premises not then licensed shall file written application with the commission in such form and containing such information as the commission shall from time to time prescribe, which shall be accompanied by an application fee of fifty dollars ($50) and the prescribed license or transfer fee. Every such application shall contain a description of that part of the general merchandise or retail store, the restaurant, bar, motel or hotel for which the applicant desires a license and shall set forth such other material information, description or plan of that part of the store, restaurant, bar, motel or hotel where it is proposed to keep and sell liquor as may be required by the commission. No licensee shall alter or change the physical arrangement of the licensed premises so as to encompass greater space or the use of different or additional entrances, openings or accommodations than the space, entrance or entrances, openings or accommodations offered to the public at the time of issuance of licensee's license or a prior written approval of the licensed premises, without first having filed with the commission floor plans and diagrams completely disclosing the proposed physical alterations of the licensed premises and shall have secured the written approval thereof by the commission. This requirement shall apply to any person to person transfer of the licensed premises.

    (B) Each application shall be signed and verified by oath or affirmation by the owner, if a natural person, or, in the case of an association, by a member of partner thereof, or, in the case of a corporation, by its designated agent who shall hold the license for the corporation.

    (C) If the applicant is an association, the application shall set forth the names and addresses of the persons constituting the association, and of a corporation, the names and addresses of the principal officers and of the persons owning ten per cent (10%) or more of the corporation. Each application shall state whether the applicant or any of the foregoing persons were in the past five years convicted of a felony.

    (D) If any false statement is intentionally made in any part of the application, the applicant shall be deemed to be in violation of this chapter and shall be subject to the penalties provided in this chapter.

    Section 1605 Licenses; contents; transfers

    (A) The licenses shall be to sell or deal in spirituous liquors only at the place and in the manner provided therein, and a separate license shall be issued for each specific business, each license specifying:

    (1) The particular spirituous liquors which the licensee is authorized to sell or deal in.

    (2) The place of business for which issued.

    (3) The purpose for which the liquors may be sold.

    (B) A spirituous liquor license shall be transferable as to any permitted location within the same sanctioning District, provided such transfer meets the requirements of an original application. A spirituous liquor license may be transferred to a person qualified to be a licensee, provided such transfer is pursuant to either a judicial decree, a bona fide sale of the entire business and stock in trade, or such bona fide transactions as may be provided by regulations of the commission and that such transfer meets the requirements of an original application. Any change in ownership of the business of a licensee, directly or indirectly, as defined by commission regulations, shall be deemed a transfer and shall comply with this section.

    (C) All applications for transfer pursuant to subsection (B) of this section shall be filed and determined in accordance with the provisions of section 1602 and 1604 of this Article.

    (D) No spirituous liquor license shall be assigned, transferred or sold, except as provided in this section. No spirituous liquor license shall be leased or subleased.

    (E) A license which is not used by the licensee for a period in excess of six (6) months shall expire, except that the commission may grant additional time if, in its judgment, the licensee is in good faith attempting to comply with this section.

    Section 1606 Issuance of licenses; regulatory provisions; revocation

    (A) The commission shall issue a spirituous liquor license only after satisfactory showing of the capability, qualifications and reliability of the applicant, and that the public convenience required, and that the best interest of the community will be satisfactorily served by the issuance.

    (B) The commission may issue on-sale retailer licenses:

    (1) To any hotel or motel within a sanctioning District on the Tohono O'odham Reservation which has in conjunction therewith a bar or restaurant;

    (2) To any restaurant within a sanctioning District of the Tohono O'odham Reservation which is regularly open for serving meals to guests for compensation and has suitable kitchen facilities connected therewith for keeping, cooking and preparing foods required for ordinary meals; and

    (3) To any bar within a sanctioning District of the Tohono O'odham Reservation operated by responsible persons which is regularly open for serving spirituous liquors to guests for compensation and where no food is sold and no other business is carried on except the sale of cigarettes and tobacco products.

    The holder of an on-sale retailer license may sell and serve spirituous liquors in individual portions only for consumption on the licensed premises, and he may sell such liquors in original containers for consumption both on or off the licensed premises.

    The holder of an on-sale retailer license may not sell or deal in spirituous liquors unless he has complied with the regulations of the commission requiring such licensee to provide security guards duly approved by the commission as being of good moral character and commissioned to enforce the provisions of this chapter on or about the licensed premises.

    (C) The commission may issue off-sale retailer licenses to any general merchandise or retail store within a sanctioning District of the Tohono O'odham Reservation operated by responsible persons which is regularly open for selling groceries and commodities other than spirituous liquors to customers for compensation.

    The holder of an off-sale retailer license may sell spirituous liquors only in the original package to be taken away from the licensed premises and to be consumed off of the premises.

    (D) In addition to other grounds prescribed in this chapter upon which a license may be revoked, the commission may revoke a license in any case where in its judgment the licensee ceased to operate a hotel, motel, restaurant, bar or general merchandise or retail store, as prescribed in subsections (B) and (C) of this section.

    Section 1607 Licensing premises near school building or church

    Unless written approval is first obtained from the governing body of a school or church, no spirituous liquor license shall be issued for any building whose exterior walls are within three hundred horizontal feet of a school or church building in which classes or services are regularly conducted.

    Section 1608 License fees

    (A) A fee shall accompany an application for an original license or transfer of a license, or in case of renewal, shall be paid in advance. Every license shall expire on December 30 of each year. An application fee for an original license or the transfer of a license shall be fifty ($50) dollars, which shall be retained by the commission.

    (B) Issuance fees for original licenses shall be:

    (1) On-sale retailer's license to sell all spirituous liquor by individual portions and in original containers—Seven hundred fifty dollars ($750).

    (2) On-sale retailer's license to sell wine and beer by individual portions and in the original containers—One hundred dollars ($100).

    (3) On-sale retailer's license to sell beer by individual portions and in original containers—One hundred dollars ($100).

    (4) Off-sale retailer's license to sell all spirituous liquors—Five hundred dollars ($500).

    (5) Off-sale retailer's license to sell wine and beer—One hundred fifty dollars ($150).

    (6) Off-sale retailer's license to sell beer—One hundred dollars ($100).

    (C) If a license is issued on or after July 1 in any year, one-half of the annual license fee shall be charged.

    (D) The annual fees for licenses shall be:

    (1) On-sale retailer's license to sell all spirituous liquors by individual portions and in original containers—One hundred fifty dollars ($150).

    (2) One-sale retailer's license to sell wine and beer by individual portions and in original containers—Seventy five dollars ($75).

    (3) On-sale retailer's license to sell beer by individual portions and in original containers—Twenty five dollars ($25).

    (4) Off-sale retailer's license to sell all spirituous liquors—Fifty dollars ($50).

    (5) Off-sale retailer's license to sell wine and beer—Fifty dollars ($50).

    (6) Off-sale retailer's license to sell beer—Twenty-five dollars ($25).

    (E) Transfer fees from person to person and from place to place for licenses transferred pursuant to subsection (B) of Section 1605 shall be one-half of the fees prescribed in subsection (B) above.

    Section 1609 Revocation or suspension of license

    (A) The commission may suspend or revoke any license issued hereunder for cause and upon a hearing, with notice mailed to the licensee by registered mail at least ten (10) days prior to such hearing. Cause shall mean the failure to pay prescribed license fees and taxes as they become due; the failure of an on-sale retailer licensee to provide a security officer to enforce the provisions of this chapter on or about the licensed premises as prescribed is subsection (B) of Section 1606; the transfer or attempted transfer of the license without the prior written approval of the commission; the violation or non-compliance with any provision of this chapter or of the regulations enacted thereunder.

    (B) Any decision of the commission in any matter shall be final, unless any person aggrieved, or a village or District Council, within thirty (30) days after receiving notice of the decision of the commission, appeals to the Legislative Council. The Legislative Council may affirm the decision of the commission, remand the matter for further proceedings before the commission or reverse or modify the decision if it finds that the objection of the person aggrieved is well taken. The decision of the Legislative Council on all matters shall be final.

    ARTICLE VII—EXEMPTIONS; VIOLATIONS; PENALTIES; JURISDICTION Section 1701 Exemptions

    (A) The provisions of this chapter shall not apply to drug stores or hospitals within sanctioning Districts selling or dispensing spirituous liquors upon prescription; to the production, consumption, sale, furnishing or possession of spirituous liquors within sanctioning Districts for scientific, sacramental, religious, medicinal or mechanical purposes; or to the production, consumption, sale, furnishing or possession within sanctioning Districts of wine produced according to Tribal custom from the fermentation of the fruit of the saguaro, cereus giganteus.

    (B) The provisions of Article III, Sections 1302, 1304, 1305, 1306, 1309, 1311, 1312, and 1314 of this chapter shall not apply to the Tohono O'odham Gaming Enterprise with respect to its sale of spirituous liquors in the original container and individual portions for consumption on the premises of facilities operated by the Gaming Enterprise within a sanctioning District. If the Gaming Enterprise sells spirituous liquors, it shall do so in conformity with the laws of the State of Arizona applicable to any State-issued license held by the Gaming Enterprise.

    Section 1702 Violations

    (A) Any person who violates any provision of Article III of this chapter shall be guilty of a criminal offense punishable by a fine of not more than five hundred dollars ($500), or by imprisonment in the Tribal jail for not more than six (6) months, or both.

    (B) Any person who violates any other provision of this chapter, or any lawful regulation or ruling of the commission made pursuant thereto, shall be liable for a civil penalty of not more than five hundred dollars ($500), plus court costs, per violation.

    (C) Any licensee violating any provision of this chapter may, in addition to the penalties prescribed in subsection (A) and (B) above and to the penalties prescribed by the federal Indian liquor laws, 18 U.S.C. 1154 and 1156, have his license suspended by the commission.

    Section 1703 Jurisdiction

    The Tohono O'odham Judicial Courts shall have jurisdiction over all violations of this chapter and may, in addition to the penalties prescribed in Section 1702 above, grant such other relief as is necessary and proper for the enforcement of this chapter, including but not limited to injunctive relief against acts in violation of this chapter. Nothing, however, in this chapter shall be construed to authorize or require the criminal trial and punishment of non-Indians except to the extent allowed by any applicable present or future Act of Congress or any applicable federal court decision.

    ARTICLE VIII—CONTRABAND; SEIZURE; FORFEITURE Section 1801 Seizure

    All spirituous liquors within the exterior boundaries of the Tohono O'odham Reservation held, owned, or possessed by any person or licensee operating in violation of the provisions of this chapter, or of any regulations made thereunder, or of any other law of the Tohono O'odham Nation relating to the manufacture, introduction, sale, possession and consumption of spirituous liquors are hereby declared to be contraband and subject to forfeiture to the Nation. Upon presentation of a sworn affidavit the Judge of the Tohono O'odham Judicial Court shall issue an order directing the Tohono O'odham Police to seize contraband liquor within this Reservation and deliver it to the commission. A copy of the court order shall be delivered to the person from whom the property was seized or shall be posted at the place where the property was seized.

    Section 1802 Hearing

    Within three weeks following the seizure of the contraband a hearing shall be held in the Tohono O'odham Judicial Court, at which time the person from whom the property was seized shall be given an opportunity to present evidence in defense of his or her activities.

    Section 1803 Notice of Hearing

    Notice of the hearing of at least ten (10) days shall be given to the person from whom the property was seized if known. If the person is unknown, notice of the hearing shall be posted at the place where the contraband was seized and at such other public places on the Reservation as may be directed by the Judge. The notice shall describe the property seized, and the time, place and cause of seizure and give the name and place of residence, if known, of the person from whom the property was seized.

    Section 1804 Judgment of Forfeiture—Disposition of Proceeds of Property

    If upon the hearing the evidence warrants, or if no person appears as claimant, the Tohono O'odham Judicial Court shall thereupon enter a judgment of forfeiture, and order such articles sold or destroyed forthwith, and the proceeds of any sale shall become general revenue of the Tohono O'odham Nation.

    ARTICLE IX—NUISANCE; ABATEMENT Section 1901 Declaration of Nuisance

    Any room, house, building, vehicle, structure, or other place where spirituous liquor is sold, manufactured, given away, furnished, or otherwise disposed of in violation of the provisions of this chapter or any regulations made thereunder, or of any other law of the Tohono O'odham Nation relating to the manufacture, introduction, sale, possession and consumption of spirituous liquor, and all property kept in and used in maintaining such place, are hereby declared to be a public nuisance.

    Section 1902 Abatement of Nuisance

    The commission shall institute and maintain an action in the Tohono O'odham Judicial Courts in the name of the Nation to abate and perpetually enjoin any nuisance declared under this chapter. The plaintiff shall not be required to give bond in this action. Restraining orders, temporary injunctions, and permanent injunctions may be granted in the cause as in other injunction proceedings, and upon final judgment against the defendant, the Court may also order the room, house, building, vehicle, structure, or place closed for a period of up to one (1) year or until the owner, lessee, tenant or occupant thereof shall give bond of sufficient surety to be approved by the Court in the sum of not less than One Thousand Dollars ($1,000.00), payable to the Nation and conditioned that spirituous liquor will not be thereafter manufactured, kept, sold, given away, furnished, or otherwise disposed of in violation of the provisions of this chapter or any other applicable Tribal law. If any condition of the bond be violated, the whole amount may be recovered as a penalty for the use of the Nation. Any action taken under this section shall be in addition to any other penalties provided in this chapter.

    ARTICLE X—CONFLICTING CHAPTERS; AMENDMENTS Section 11001 Conflicting Ordinances and Resolutions

    All resolutions and ordinances of the Tohono O'odham Nation, including but not restricted to Section 18, Chapter 5 of the Law and Order Code of the Papago Tribe, heretofore enacted prohibiting the sale, introduction, possession or consumption of spirituous liquors on or within the exterior boundaries of the Tohono O'odham Reservation shall have no further legal force or effect within the exterior boundaries of sanctioning Districts, but shall have full force and effect on or within the exterior boundaries of the Districts which have not sanctioned the introduction, sale, possession and consumption of spirituous liquor in accordance with the provisions of Section 1104 of Article I of this chapter.

    Section 11002 Amendments

    This chapter may hereby be amended by resolution of the Tohono O'odham Legislative Council approved by the Secretary of the Interior or his authorized representative.

    [FR Doc. 2015-05695 Filed 3-11-15; 8:45 am] BILLING CODE 4310-4J-P
    INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731-TA-1014, 1016, and 1017 (Second Review)] Polyvinyl Alcohol From China, Japan, and Korea; Revised Schedule for Full Five-Year Reviews AGENCY:

    United States International Trade Commission.

    ACTION:

    Notice.

    DATES:

    Effective Date: March 5, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

    SUPPLEMENTARY INFORMATION:

    Effective November 13, 2014, the Commission established a schedule for the conduct of the subject full five-year reviews (79 FR 69127, November 20, 2014). The Commission revised its schedule effective January 28, 2015 (80 FR 6546, February 5, 2015). On March 4, 2015, counsel for the domestic interested parties filed a request that the Commission cancel the hearing. Counsel indicated a willingness to submit written testimony and responses to any Commission questions in lieu of an actual hearing and, in the alternative, counsel submitted a list of witnesses who would appear at the hearing. No other party filed a timely request to appear at the hearing. Consequently, the public hearing in connection with these reviews, scheduled to begin at 9:30 a.m. on March 10, 2015, at the U.S. International Trade Commission Building, is cancelled. The Commission determined that no earlier announcement of this cancellation was possible. Parties to these reviews should respond to any written questions posed by the Commission in their posthearing briefs, which are due to be filed on March 18, 2015.

    For further information concerning these reviews see the Commission's notices cited above and the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).

    Authority:

    These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules.

    By order of the Commission.

    Issued: March 6, 2015. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2015-05599 Filed 3-11-15; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [USITC SE-15-008] Sunshine Act Meeting AGENCY HOLDING THE MEETING:

    United States International Trade Commission.

    TIME AND DATE:

    March 19, 2015 at 11:00 a.m.

    PLACE:

    Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205-2000.

    STATUS:

    Open to the public

    MATTERS TO BE CONSIDERED:

    1. Agendas for future meetings: none.

    2. Minutes.

    3. Ratification List.

    4. Vote in Inv. Nos. 704-TA-1 and 734-TA-1 (Review) (Sugar from Mexico). The Commission is currently scheduled to complete and file its determinations on March 24, 2015; views of the Commission are currently scheduled to be completed and filed on April 3, 2015.

    5. Vote in Inv. No. 731-TA-1046 (Second Review) (Tetrahydrofurfuryl Alcohol from China). The Commission is currently scheduled to complete and file its determination and views of the Commission on April 3, 2015.

    6. Outstanding action jackets: none.

    In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.

    Issued: March 9, 2015.

    By order of the Commission.

    William R. Bishop, Supervisory Hearings and Information Officer.
    [FR Doc. 2015-05732 Filed 3-10-15; 11:15 am] BILLING CODE 7020-02-P
    JUDICIAL CONFERENCE OF THE UNITED STATES Hearing of the Judicial Conference Advisory Committee on Rules of Appellate Procedure AGENCY:

    Judicial Conference of the United States, Advisory Committee on Rules of Appellate Procedure.

    ACTION:

    Revised Notice of Proposed Amendments and Open Hearing.

    Federal Register Citation of Previous Announcements: 79FR 48250, 79FR 72702 and 80FR 41.

    Please note:

    The public hearing on the amendments to the Appellate Rules and Forms previously scheduled in Washington, DC for March 6, 2015, was canceled due to weather conditions. That public hearing has been rescheduled for April 1, 2015, at 10:00 a.m. in the Mecham Center of the Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE., Washington, DC 20544.

    SUMMARY:

    The Advisory Committee on Rules of Appellate Procedure has proposed amendments to the following rules and forms:

    Appellate Rules 4, 5, 21, 25, 26, 27, 28.1, 29, 32, 35, and 40, and Forms 1, 5, 6, and New Form 7.

    Written comments and suggestions with respect to the proposed amendments were accepted from August 15, 2014 through February 17, 2015. In accordance with established procedures, all comments submitted are available for public inspection and can be found along with the text of the proposed rules amendments and the accompanying Committee Notes at the United States Federal Courts' Web site at http://www.uscourts.gov/rulesandpolicies/rules/proposed-amendments.aspx.

    FOR FURTHER INFORMATION CONTACT:

    Rebecca A. Womeldorf, Secretary, Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE., Suite 7-240, Washington, DC 20544, Telephone (202) 502-1820.

    Dated: March 6, 2015. Rebecca A. Womeldorf, Rules Committee Officer, Rules Committee Support Office.
    [FR Doc. 2015-05598 Filed 3-11-15; 8:45 am] BILLING CODE 2210-55-P
    DEPARTMENT OF JUSTICE Community Oriented Policing Services; Public Teleconference With the President's Task Force on 21st Century Policing Discussing Final Report AGENCY:

    Community Oriented Policing Services, Justice.

    ACTION:

    Notice of meeting.

    SUMMARY:

    On December 18, 2014, President Barack Obama signed an Executive Order titled “Establishment of the President's Task Force on 21st Century Policing” establishing the President's Task Force on 21st Century Policing (“Task Force”). The Task Force seeks to identify best practices and make recommendations to the President on how policing practices can promote effective crime reduction while building public trust and examine, among other issues, how to foster strong, collaborative relationships between local law enforcement and the communities they protect. This publication announces a tentative public teleconference.

    The tentative meeting agenda is as follows:

    Call to Order Discussion of Final Report Conclusion DATES:

    The tentative teleconference is Friday, March 27, 2015 from 9:00 a.m. to 5:00 p.m. Eastern Standard Time.

    For disability access please call 1-800-888-8888 (TTY users call via Relay).

    ADDRESSES:

    The tentative meeting will be held by teleconference only. To access the conference line, please call 1-866-906-7447 and, when prompted, enter access code 8072024#.

    FOR FURTHER INFORMATION CONTACT:

    Director, Ronald L. Davis, 202-514-4229 or [email protected]

    Address all comments concerning this notice to [email protected]

    SUPPLEMENTARY INFORMATION:

    Electronic Access and Filing Addresses

    Information on how to provide written comments will be posted to www.cops.usdoj.gov/PolicingTaskForce. Because the schedule is tentative, amendments to this notice will not be published in the Federal Register. However, changes to the schedule will be posted on the Task Force Web site located at www.cops.usdoj.gov/PolicingTaskForce.

    Availability of Meeting Materials: The agenda and other materials in support of the teleconference will be available on the Task Force Web site at www.cops.usdoj.gov/PolicingTaskForce in advance of a confirmed teleconference.

    Charlotte Grzebien, General Counsel.
    [FR Doc. 2015-05655 Filed 3-11-15; 8:45 a.m.] BILLING CODE 4410-AT-P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—AllSeen Alliance, Inc.

    Notice is hereby given that, on February 9, 2015, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), AllSeen Alliance, Inc. (“AllSeen Alliance”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, GeoPal Solutions, Dublin, IRELAND; Powertech Industrial Co., Ltd., New Taipei City, TAIWAN; Modacom Co., Ltd., Seoul, REPUBLIC OF KOREA; LG Uplus Corporation, Seoul, REPUBLIC OF KOREA; Euronics International, Hoofddorp, THE NETHERLANDS; Hubble Connected Limited, Victoria, British Columbia, CANADA; TCL Corporation, Guangdong, PEOPLE'S REPUBLIC OF CHINA; HOUZE Advanced Building Science, Houston, TX; Honeywell International, Golden Valley, MN; Shenzhen H&T Home Online Network Technology Co., Ltd., Shenzhen, PEOPLE'S REPUBLIC OF CHINA; Blackloud, Inc., Irvine, CA; DAWON DNS Co., Ltd., Gyeonggi-do, REPUBLIC OF KOREA; Domos Labs, Oslo, NORWAY; Helium Systems, Inc., San Francisco, CA; Lumen Cache, McCordsville, IN; Playtabase, Minneapolis, MN; wot.io., New York, NY; Openmind Networks, Inc., Mountain View, CA; Taiwan Intelligent Home, Tainan City, TAIWAN; M/s Personal Air Quality Systems Pvt Ltd., Karnataka, INDIA; Lhings, Barcelona, SPAIN; Connectuity, Louisville, KY; and iiNet Limited, Perth, AUSTRALIA, have been added as parties to this venture.

    Also DoubleTwist Corporation, San Francisco, CA; Moxtreme Corporation, Saratoga, CA; Wilocity, Sunnyvale, CA; Revolv Inc., Boulder, CO; and Shaspa GmbH, Boeblingen, GERMANY, have withdrawn as parties to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and AllSeen Alliance intends to file additional written notifications disclosing all changes in membership.

    On January 29, 2014, AllSeen Alliance filed its original notification pursuant to section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to section 6(b) of the Act on March 4, 2014 (79 FR 12223).

    The last notification was filed with the Department on November 24, 2014. A notice was published in the Federal Register pursuant to section 6(b) of the Act on December 23, 2014 (79 FR 77038).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2015-05662 Filed 3-11-15; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993 —Vehicle Infrastructure Integration Consortium

    Notice is hereby given that, on February 5, 2015, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), Vehicle Infrastructure Consortium (“VIIC”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Chrysler Group LLC has changed its name to FCA US LLC, Auburn Hills, MI.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and VIIC intends to file additional written notifications disclosing all changes in membership.

    On May 1, 2006, VIIC filed its original notification pursuant to section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to section 6(b) of the Act on June 2, 2006 (71 FR 32128).

    The last notification was filed with the Department on October 17, 2013. A notice was published in the Federal Register pursuant to section 6(b) of the Act on December 6, 2013 (78 FR 73565).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2015-05669 Filed 3-11-15; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—DVD Copy Control Association

    Notice is hereby given that, on February 6, 2015, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), DVD Copy Control Association (“DVD CCA”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Azend Group Corporation, Chino, CA, has been added as a party to this venture.

    Also, AMZ Midia Industrial S/A, Barueri, Brazil; AVT International Limited, Kowloon, Hong Kong-China; Bang & Olufsen A/S, Struer, Denmark; Diamondking Inc., Chino, CA; DVS Korea Company, Sungnam-si, Kyunggi-do, Republic of Korea; Eclipse Data Technologies, Pleasanton, CA; Hitachi Ltd., Tokyo, JAPAN; Hong Kong ASA Multimedia Co., Ltd., Kowloon, Hong Kong-China; Korea Mikasa Corporation, Seoul, Republic of Korea; Marubun Corporation, Tokyo, Japan; MediaCore, Inc., Gyeonggi-Do, Republic of Korea; and Ngai Lik Digital Limited, Kowloon, Hong Kong-China, have withdrawn as parties to this venture.

    In addition, the following members have changed their names: Entertainment Distribution Company GmbH to EDC GmbH, Langenhagen, Germany; KDG to Media Industry, Sainte-Marguerite, France; and Silicon Application Company Limited to Silicon Application Corp., Shenzhen, People's Republic of China.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and DVD CCA intends to file additional written notifications disclosing all changes in membership.

    On April 11, 2001, DVD CCA filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on August 3, 2001 (66 FR 40727).

    The last notification was filed with the Department on September 4, 2014. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on September 30, 2014 (79 FR 58806).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2015-05665 Filed 3-11-15; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decrees Under the Comprehensive Environmental Response, Compensation, and Liability Act

    On March 3, 2015 the Department of Justice filed one complaint and lodged two proposed Consent Decrees with the United States District Court for the Central District of California pertaining to the Puente Valley Operable Unit of the San Gabriel Valley Superfund Site, Area 4, Los Angeles County, California, (“PVOU”). The complaint and first proposed Consent Decree were filed contemporaneously in the matter of United States v. Hill Brothers Chemical Company, Civil Action No. 2:15-cv-1545 JFW (PLAx). The second proposed Consent Decree resolves the lawsuit entitled United States v. Richard A. Mancino and Yolanda E. Mancino, as Individuals and as Trustees for The Mancino Trust, Civil Action No. 12-cv-07513 CJC (MANx). The Mancino lawsuit was initiated with a complaint filed with the court on August 31, 2012.

    The Consent Decrees resolve claims under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. 9607 related to releases and threatened releases of hazardous substances at the PVOU. The Consent Decrees contain a covenant not to sue for past and certain future costs and response work at the Site under Sections 106 and 107 of CERCLA and Section 7003 of RCRA. The Mancino Consent Decree resolves claims against Richard A. and Yolanda Mancino as individuals and as trustees of the Mancino Trust, and recovers $180,000 in response costs. The Hill Consent Decree resolves claims against Hill Brothers Chemical Company, and recovers $135,000 in response costs.

    The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Richard A. and Yolanda Mancino, et al., D.J. Ref. No. 90-11-2-354/28 and/or United States v. Hill Brothers Chemical Company., D.J. Ref. No. 90-11-2-354/35. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

    To submit comments: Send them to: By email [email protected] By mail Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Under section 7003(d) of RCRA, a commenter may request an opportunity for a public meeting in the affected area.

    During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Please enclose a check or money order for $8.25 (25 cents per page reproduction cost) for the Mancino Consent Decree and/or $8.00 for the Hill Consent Decree, payable to the United States Treasury.

    Henry S. Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
    [FR Doc. 2015-05593 Filed 3-11-15; 8:45 am] BILLING CODE 4410-15-P
    DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Local Area Unemployment Statistics Program ACTION:

    Notice.

    SUMMARY:

    The Department of Labor (DOL) is submitting the Bureau of Labor and Statistics (BLS) sponsored information collection request (ICR) revision titled, “Local Area Unemployment Statistics Program,” to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). Public comments on the ICR are invited.

    DATES:

    The OMB will consider all written comments that agency receives on or before April 13, 2015.

    ADDRESSES:

    A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201411-1220-001 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or sending an email to [email protected].

    Submit comments about this request by mail or courier to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-BLS, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free number); or by email: [email protected]. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210; or by email: [email protected].

    FOR FURTHER INFORMATION CONTACT:

    Contact Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or sending an email to [email protected]

    SUPPLEMENTARY INFORMATION:

    This ICR seeks approval under the PRA for revisions to the Local Area Unemployment Statistics (LAUS) program information collection. The BLS has the statutory responsibility of collecting and publishing monthly information on employment, the average wage received, and the hours worked by area and industry. The LAUS program develops residency-based employment and unemployment statistics through a cooperative Federal-State program that uses employment and unemployment inputs available in State agencies. State agencies prepare monthly estimates and transmit them to the BLS for validation and publication. This information collection has been classified as a revision, because of a redesign to improve the methodology for the program. In addition, certain forms to be cleared under this ICR have undergone minor changes. The BLS Authorizing Statute authorizes this collection. See 29 U.S.C. 1 and 2.

    This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1220-0017. The current approval is scheduled to expire on March 31, 2015; however, the DOL notes that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. New requirements would only take effect upon OMB approval. For additional substantive information about this ICR, see related notices published in the Federal Register on September 10, 2014 (79 FR 53787), and October 28, 2014 (79 FR 64217).

    Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within thirty (30) days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1220-0017. The OMB is particularly interested in comments that:

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

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

    • Enhance the quality, utility, and clarity of the information to be collected; and

    • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Agency: DOL-BLS.

    Title of Collection: Local Area Unemployment Statistics Program.

    OMB Control Number: 1220-0017.

    Affected Public: State, Local, and Tribal Governments.

    Total Estimated Number of Respondents: 52.

    Total Estimated Number of Responses: 96,869.

    Total Estimated Annual Time Burden: 144,994 hours.

    Total Estimated Annual Other Costs Burden: $0.

    Dated: March 6, 2015.

    Authority:

    44 U.S.C. 3507(a)(1)(D).

    Michel Smyth, Departmental Clearance Officer.
    [FR Doc. 2015-05627 Filed 3-11-15; 8:45 am] BILLING CODE 4510-24-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (15-011)] NASA Applied Sciences Advisory Committee Meeting AGENCY:

    National Aeronautics and Space Administration.

    ACTION:

    Notice of meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration (NASA) announces a meeting of the Applied Sciences Advisory Committee. The meeting will be held for the purpose of soliciting, from the scientific community and other persons, scientific and technical information relevant to program planning.

    DATES:

    Monday, March 30, 2015, 1:00 p.m. to 4:00 p.m., EDT.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Peter Meister, Science Mission Directorate, NASA Headquarters, Washington, DC 20546, (202) 358-1557, fax (202) 358-4118, or [email protected]

    SUPPLEMENTARY INFORMATION:

    This meeting will be available telephonically and by WebEx. Any interested person may call the USA toll free conference number 844-467-4685, pass code 635480, to participate in the meeting by telephone. The WebEx link is https://nasa.webex.com, meeting number 997 419 756, passcode @March30.

    The agenda for the meeting includes the following topics:

    —Applied Sciences Program Update —Applied Science Budget Briefing —Missions and Applications

    It is imperative that the meeting be held on these dates to accommodate the scheduling priorities of the key participants.

    Harmony R. Myers, Acting Advisory Committee Management Offcer, National Aeronautics and Space Administration.
    [FR Doc. 2015-05653 Filed 3-11-15; 8:45 am] BILLING CODE 7510-13-P
    NATIONAL SCIENCE FOUNDATION Advisory Committee for Mathematical and Physical Sciences; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting:

    Name:

    Advisory Committee for Mathematical and Physical Sciences (#66).

    Date/Time:

    April 3, 2015: 10:00 a.m.-1:00 p.m.

    Place:

    National Science Foundation, Room 1235, Stafford I Building, 4201 Wilson Blvd., Arlington, VA 22230.

    To help facilitate your entry into the building, contact Sara Dwyer ([email protected]). Your request should be received on or prior to March 27, 2015.

    Virtual attendance will be supported. For detailed instructions, visit the meeting Web site at http://www.nsf.gov/events/event_summ.jsp?cntn_id=134132&org=MPS.

    Type of Meeting:

    Open, Virtual.

    Contact Person:

    Eduardo Misawa, National Science Foundation, 4201 Wilson Boulevard, Suite 1005, Arlington, Virginia 22230, 703-292-5353 and Tiffany Sweat, National Science Foundation, 4201 Wilson Boulevard, Suite 1005, Arlington, Virginia 22230, 703-292-4934.

    Minutes:

    Meeting minutes and other information may be obtained from the Staff Associate and MPSAC Designated Federal Officer at the above address or the Web site at http://www.nsf.gov/mps/advisory.jsp.

    Purpose of Meeting:

    To study data, programs, policies, and other information pertinent to the National Science Foundation and to provide advice and recommendations concerning research in mathematics and physical sciences.

    Agenda State of the Directorate for Mathematical and Physical Sciences (MPS): FY15-FY16 Budgets Report from the Committee of Visitors for the Division of Physics Report from the Committee of Visitors for the Division of Astronomical Sciences Dated: March 4, 2015. Suzanne Plimpton, Acting Committee Management Officer.
    [FR Doc. 2015-05614 Filed 3-11-15; 8:45 am] BILLING CODE 7555-01-P
    NUCLEAR REGULATORY COMMISSION Meeting of the Advisory Committee on Reactor Safeguards Subcommittee on Power Uprates

    The Advisory Committee on Reactor Safeguards (ACRS) Subcommittee on Power Uprates will hold a meeting on March 17, 2015, Room T-2B1, 11545 Rockville Pike, Rockville, Maryland.

    The meeting will be open to public attendance with the exception of a portion that may be closed to protect information that is propriety pursuant to 5 U.S.C. 552b(c)(4). The agenda for the subject meeting shall be as follows:

    Tuesday, March 17, 2015—8:30 a.m. until 5:00 p.m.

    The Subcommittee will review the Grand Gulf Maximum Extended Load Line Limit Analysis plus (MELLLA+) license amendment request and associated safety evaluation report. The Subcommittee will hear presentations by and hold discussions with the licensee, (Entergy Operations, Inc.), the NRC staff, and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee.

    Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Weidong Wang (Telephone 301-415-6279 or Email: [email protected]) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on November 8, 2013 (78 CFR 67205-67206).

    Detailed meeting agendas and meeting transcripts are available on the NRC Web site at http://www.nrc.gov/reading-rm/doc-collections/acrs. Information regarding topics to be discussed, changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained from the Web site cited above or by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with these references if such rescheduling would result in a major inconvenience.

    If attending this meeting, please enter through the One White Flint North building, 11555 Rockville Pike, Rockville, MD. After registering with security, please contact Mr. Theron Brown (Telephone 240-888-9835) to be escorted to the meeting room.

    Dated: March 4, 2015. Mark L. Banks, Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards.
    [FR Doc. 2015-05658 Filed 3-11-15; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [Docket No. NRC-2015-0051] Department of Energy; Yucca Mountain, Nye County, Nevada AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Intent to prepare a supplement to a final supplemental environmental impact statement.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is informing the public of its intent to prepare a supplement to the U.S. Department of Energy's (DOE's) “Final Environmental Impact Statement for a Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada” (February 2002), and its “Final Supplemental Environmental Impact Statement for a Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada” (July 2008). The NRC staff determined in September 2008 that it is practicable to adopt, with further supplementation, the DOE's environmental impact statements (EISs). The NRC staff concluded that the EISs did not address adequately all of the repository-related impacts on groundwater or from surface discharges of groundwater.

    DATES:

    March 12, 2015.

    ADDRESSES:

    Please refer to Docket ID NRC-2015-0051 when contacting the NRC for further information about the supplement. You may obtain publicly-available information using any of the following methods:

    • NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced.

    • NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    Christine Pineda, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone: 301-287-0758; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    The Nuclear Waste Policy Act (NWPA) of 1982, as amended, specifies that in the United States, spent nuclear fuel and high-level radioactive waste will be disposed of in a deep geologic repository. Amendments to the NWPA in 1987 identified Yucca Mountain, Nevada, as the single candidate site for characterization as a potential geologic repository. As described in the NWPA, Section 114(f), the DOE prepared a final EIS related to the construction, operation, and closure of a potential geologic repository for high-level radioactive waste at Yucca Mountain, Nevada in February 2002 pursuant to requirements of the National Environmental Policy Act of 1969 (NEPA). The EIS accompanied the Secretary of Energy's site recommendation to the President on February 14, 2002. In July 2002, Congress passed and the President signed a joint resolution designating Yucca Mountain as the site for development of a geologic repository. In October 2006, the DOE announced its intent to prepare a supplemental EIS to update the 2002 EIS. The DOE published a final supplemental EIS on June 16, 2008. In accordance with NWPA, Section 114(f)(5), the NRC is to adopt the DOE's EIS to “the extent practicable.” The NRC staff reviewed the DOE's EISs and found that it is practicable for the NRC to adopt them, with further supplementation (see the NRC staff's Adoption Determination Report, dated September 5, 2008, and available in ADAMS at Accession No. ML082420342). The NRC staff concluded that the EISs did not adequately address all of the repository-related impacts on groundwater, or from surface discharges of groundwater. The NRC staff therefore requested that the DOE prepare an EIS supplement. The DOE initially stated that it would prepare a supplement, but later declined to prepare the supplement. Instead, the DOE prepared a technical analysis, “Analysis of Postclosure Groundwater Impacts for a Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada” (ADAMS Accession No. ML092150328). In 2014, the DOE updated this report (ADAMS Accession No. ML14303A399). The NRC staff will consider these reports in preparing the supplement.

    The supplement will provide additional information about the proposed repository's impacts on groundwater and from surface discharges of groundwater. More specifically, the supplement will describe the extent of the volcanic-alluvial aquifer, particularly those parts that could become contaminated, and how water (and potential contaminants) can leave the flow system. In addition, the supplement will provide an analysis of the cumulative amount of radiological and non-radiological contaminants that can be reasonably expected to enter the aquifer from the repository, and the amount that can be reasonably expected to remain over time. The supplement will provide estimates of contamination in the groundwater, given potential accumulation of radiological and non-radiological contaminants. The supplement also will provide a discussion of the impacts on soils and surface materials from the processes involved in surface discharges of contaminated groundwater. A description of locations of potential natural discharge of contaminated groundwater for present and expected future wetter periods will be included, as will a description of the physical processes at surface discharge locations that can affect accumulation, concentration, and potential remobilization of groundwater-borne contaminants. Finally, the supplement will provide estimates of the amounts of contaminants that could be deposited at or near the surface and describe their potential environmental impacts.

    II. Schedule

    The NRC staff intends to issue the draft supplement in the late summer of 2015 and announce the availability of the supplement in the Federal Register, via email distribution, in a press release, on the NRC's Web site, and in media in Nevada. A public comment period will start upon publication of the NRC's Notice of Availability in the Federal Register. During the public comment period, the NRC plans to a public meeting at NRC headquarters in Rockville, Maryland, two public meetings in Nevada, and a public conference call.

    All meetings will be transcribed. The meeting at NRC headquarters will be webcast and accessible via a conference line. The NRC staff plans to publish the final supplement 12 to 15 months after issuing this notice.

    Dated at Rockville, Maryland, this 2nd day of March 2015.

    For the Nuclear Regulatory Commission.

    Josephine Piccone, Director, Yucca Mountain Directorate, Office of Nuclear Material Safety and Safeguards.
    [FR Doc. 2015-05578 Filed 3-11-15; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [Docket No. 50-293; NRC-2015-0053] Entergy Nuclear Operations, Inc., Pilgrim Nuclear Power Station AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    License amendment application; opportunity to comment, request a hearing, and petition for leave to intervene; order.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Renewed Facility Operating License No. DPR-35, issued to Entergy Nuclear Operations, Inc., for operation of the Pilgrim Nuclear Power Station. The proposed amendment would modify the Safety Limit Minimum Critical Power Ratio from ≥ 1.08 to ≥ 1.10 for two recirculation loop operation and from ≥ 1.11 to ≥ 1.12 for single loop operation.

    DATES:

    Submit comments by April 13, 2015. A request for a hearing must be filed by May 11, 2015. Any potential party as defined in § 2.1 of Title 10 of the Code of Federal Regulations (10 CFR) who believes access to Sensitive Unclassified Non-Safeguards Information is necessary to respond to this notice must request document access by March 23, 2015.

    ADDRESSES:

    You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject):

    • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0053. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    • Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN-12 H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

    For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    Nadiyah Morgan, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-1016, email: [email protected]

    SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket ID NRC-2015-0053 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0053.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in the SUPPLEMENTARY INFORMATION section.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    B. Submitting Comments

    Please include Docket ID NRC-2015-0053 in your comment submission.

    The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.

    II. Introduction

    The NRC is considering issuance of an amendment to Renewed Facility Operating License No. DPR-35, issued to Entergy Nuclear Operations, Inc., the licensee, for operation of the Pilgrim Nuclear Power Station, located in Plymouth, Massachusetts.

    By letter dated December 10, 2014 (ADAMS Accession No. ML14349A495 and ML14349A496), as supplemented by letter dated February 13, 2015 (ADAMS Accession No. ML15050A245), the licensee submitted an application for a license amendment request. The proposed amendment would modify the Safety Limit Minimum Critical Power Ratio (SLMCPR) from ≥1.08 to ≥1.10 for two recirculation loop operation and from ≥1.11 to ≥1.12 for single loop operation.

    Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations.

    The Commission has made a proposed determination that the license amendment request involves no significant hazards consideration. Under the NRC's regulations in 50.92(c), this means that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

    1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

    The proposed SLMCPR, and its use to determine the Operating Cycle 21 thermal limits, have been derived using NRC approved methods specified in the Reference section of the Technical Specification Bases Section for 2.0 SAFETY LIMITS. These methods do not change the method of operating the plant and have no effect on the probability of an accident initiating event or transient.

    The basis of the SLMCPR is to ensure no mechanistic fuel damage is calculated to occur if the limit is not violated. The new SLMCPR preserves the margin to transition boiling, and the probability of fuel damage is not increased.

    Therefore, the proposed changes to Technical Specifications do not involve an increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

    The proposed changes result only from the analysis for the Cycle 21 core reload using methods described in NEDE24011 P-A (GESTAR II). These methods have been reviewed and approved by the NRC, do not involve any new or unapproved method for operating the facility, and do not involve any facility modifications. No new initiating events or transients result from these changes.

    Therefore, the proposed changes to technical specifications do not create the possibility of a new or different kind of accident from any accident previously evaluated.

    3. Does the proposed change involve a significant reduction in a margin of safety?

    The margin of safety as defined in the TS [Technical Specification] bases will remain the same. The new SLMCPR was derived using NRC approved methods which are in accordance with the current fuel design and licensing criteria. The SLMCPR remains high enough to ensure that greater than 99.9% of all fuel rods in the core will avoid transition boiling if the limit is not violated, thereby preserving the fuel cladding integrity.

    Therefore, the proposed changes to technical specifications do not involve a significant reduction in the margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the license amendment request involves a no significant hazards consideration.

    The Commission is seeking public comments on this proposed determination that the license amendment request involves no significant hazards consideration. Any comments received by April 13, 2015, will be considered in making any final determination. You may submit comments using any of the methods discussed under the ADDRESSES section of this document.

    Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day notice period if the Commission concludes the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently.

    III. Opportunity To Request a Hearing and Petition for Leave To Intervene

    Within 60 days after the date of publication of this Federal Register notice, any person whose interest may be affected by this proceeding and who desires to participate as a party in the proceeding must file a written request for hearing or a petition for leave to intervene specifying the contentions which the person seeks to have litigated in the hearing with respect to the license amendment request. Requests for hearing and petitions for leave to intervene shall be filed in accordance with the NRC's “Agency Rules of Practice and Procedure” in 10 CFR part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the NRC's PDR. The NRC's regulations are accessible electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.

    As required by 10 CFR 2.309, a request for hearing or petition for leave to intervene must set forth with particularity the interest of the petitioner in the proceeding and how that interest may be affected by the results of the proceeding. The hearing request or petition must specifically explain the reasons why intervention should be permitted, with particular reference to the following general requirements: (1) The name, address, and telephone number of the requestor or petitioner; (2) the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding; (3) the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The hearing request or petition must also include the specific contentions that the requestor/petitioner seeks to have litigated at the proceeding.

    For each contention, the requestor/petitioner must provide a specific statement of the issue of law or fact to be raised or controverted, as well as a brief explanation of the basis for the contention. Additionally, the requestor/petitioner must demonstrate that the issue raised by each contention is within the scope of the proceeding and is material to the findings that the NRC must make to support the granting of a license amendment in response to the application. The hearing request or petition must also include a concise statement of the alleged facts or expert opinion that support the contention and on which the requestor/petitioner intends to rely at the hearing, together with references to those specific sources and documents. The hearing request or petition must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact, including references to specific portions of the application for amendment that the petitioner disputes and the supporting reasons for each dispute. If the requestor/petitioner believes that the application for amendment fails to contain information on a relevant matter as required by law, the requestor/petitioner must identify each failure and the supporting reasons for the requestor's/petitioner's belief. Each contention must be one which, if proven, would entitle the requestor/petitioner to relief. A requestor/petitioner who does not satisfy these requirements for at least one contention will not be permitted to participate as a party.

    Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing with respect to resolution of that person's admitted contentions, including the opportunity to present evidence and to submit a cross-examination plan for cross-examination of witnesses, consistent with NRC regulations, policies, and procedures. The Atomic Safety and Licensing Board will set the time and place for any prehearing conferences and evidentiary hearings, and the appropriate notices will be provided.

    Hearing requests or petitions for leave to intervene must be filed no later than 60 days from the date of publication of this notice. Requests for hearing, petitions for leave to intervene, and motions for leave to file new or amended contentions that are filed after the 60-day deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)-(iii).

    If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, then any hearing held would take place before the issuance of any amendment unless the Commission finds an imminent danger to the health or safety of the public, in which case it will issue an appropriate order or rule under 10 CFR part 2.

    IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below.

    To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at [email protected], or by telephone at 301-415-1677, to request (1) a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket.

    Information about applying for a digital ID certificate is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing the E-Submittal server are detailed in the NRC's “Guidance for Electronic Submission,” which is available on the agency's public Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC's E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software.

    If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC's online, Web-based submission form. In order to serve documents through the Electronic Information Exchange System, users will be required to install a Web browser plug-in from the NRC's Web site. Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.

    Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the documents are submitted through the NRC's E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC's Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system.

    A person filing electronically using the NRC's adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the “Contact Us” link located on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to [email protected], or by a toll-free call at 1-866-672-7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays.

    Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists.

    Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. However, a request to intervene will require including information on local residence in order to demonstrate a proximity assertion of interest in the proceeding. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission.

    Petitions for leave to intervene must be filed no later than 60 days from the date of publication of this notice. Non-timely filings will not be entertained absent a determination by the presiding officer that the petition or request should be granted or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(iii).

    Attorney for licensee: Ms. Jeanne Cho, Assistant General Counsel, Entergy Nuclear Operations, Inc., 440 Hamilton Avenue, White Plains, New York 10601.

    NRC Branch Chief: Benjamin G. Beasley.

    Pilgrim Nuclear Power Station, Plymouth County, Massachusetts Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information for Contention Preparation

    A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing SUNSI.

    B. Within 10 days after publication of this notice of hearing and opportunity to petition for leave to intervene, any potential party who believes access to SUNSI is necessary to respond to this notice may request such access. A “potential party” is any person who intends to participate as a party by demonstrating standing and filing an admissible contention under 10 CFR 2.309. Requests for access to SUNSI submitted later than 10 days after publication of this notice will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier.

    C. The requester shall submit a letter requesting permission to access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Associate General Counsel for Hearings, Enforcement and Administration, Office of the General Counsel, Washington, DC 20555-0001. The expedited delivery or courier mail address for both offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email address for the Office of the Secretary and the Office of the General Counsel are [email protected] and [email protected], respectively.1 The request must include the following information:

    1 While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC's “E-Filing Rule,” the initial request to access SUNSI under these procedures should be submitted as described in this paragraph.

    (1) A description of the licensing action with a citation to this Federal Register notice;

    (2) The name and address of the potential party and a description of the potential party's particularized interest that could be harmed by the action identified in C.(1); and

    (3) The identity of the individual or entity requesting access to SUNSI and the requester's basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly-available versions of the information requested would not be sufficient to provide the basis and specificity for a proffered contention.

    D. Based on an evaluation of the information submitted under paragraph C.(3) the NRC staff will determine within 10 days of receipt of the request whether:

    (1) There is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding; and

    (2) The requestor has established a legitimate need for access to SUNSI.

    E. If the NRC staff determines that the requestor satisfies both D.(1) and D.(2) above, the NRC staff will notify the requestor in writing that access to SUNSI has been granted. The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 2 setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI.

    2 Any motion for Protective Order or draft Non-Disclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request.

    F. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI must be filed by the requestor no later than 25 days after the requestor is granted access to that information. However, if more than 25 days remain between the date the petitioner is granted access to the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. This provision does not extend the time for filing a request for a hearing and petition to intervene, which must comply with the requirements of 10 CFR 2.309.

    G. Review of Denials of Access.

    (1) If the request for access to SUNSI is denied by the NRC staff after a determination on standing and need for access, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial.

    (2) The requester may challenge the NRC staff's adverse determination by filing a challenge within 5 days of receipt of that determination with: (a) The presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an administrative law judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) officer if that officer has been designated to rule on information access issues.

    H. Review of Grants of Access. A party other than the requester may challenge an NRC staff determination granting access to SUNSI whose release would harm that party's interest independent of the proceeding. Such a challenge must be filed with the Chief Administrative Judge within 5 days of the notification by the NRC staff of its grant of access.

    If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311.3

    3 Requesters should note that the filing requirements of the NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures.

    I. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have propounded contentions meeting the specificity and basis requirements in 10 CFR part 2. Attachment 1 to this Order summarizes the general target schedule for processing and resolving requests under these procedures.

    It is so ordered.

    Dated at Rockville, Maryland, this 6th day of March, 2015.

    For the Nuclear Regulatory Commission.

    Annette L. Vietti-Cook, Secretary of the Commission.
    Attachment 1—General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in This Proceeding Day Event/Activity 0 Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 10 Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60 Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20 U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff's determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 25 If NRC staff finds no “need” or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff's denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds “need” for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff's grant of access. 30 Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. A If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3 Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. A + 28 Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. A + 53 (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60 (Answer receipt +7) Petitioner/Intervener reply to answers. >A + 60 Decision on contention admission.
    [FR Doc. 2015-05679 Filed 3-11-15; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [Docket No. 52-046; NRC-2015-0021] Korea Hydro and Nuclear Power Co., Ltd., and Korea Electric Power Corporation AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Notice of docketing.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) has determined that Korea Hydro and Nuclear Power Co., Ltd. (KHNP) and Korea Electric Power Corporation (KEPCO) have submitted information for a standard design certification of the APR1400 Standard Plant Design that is acceptable for docketing. The docket number established is 52-046.

    DATES:

    March 12, 2015.

    ADDRESSES:

    Please refer to Docket ID NRC-2015-0021 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0021. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    NRC'S Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that the document is referenced. The application is available in ADAMS under Accession No. ML15006A037.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    Jeffrey Ciocco, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001; telephone: 301-415-6391; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    By letter dated December 23, 2014, KHNP and KEPCO filed with the NRC, pursuant to Section 103 of the Atomic Energy Act and part 52 of Title 10 of the Code of Federal Regulations (10 CFR), “Licenses, Certifications, and Approvals for Nuclear Power Plants,” an application for standard design certification of the APR1400 Standard Plant Design. A notice of receipt for this application was previously published in the Federal Register on February 3, 2015 (80 FR 5792).

    The APR1400 stands for Advanced Power Reactor with a 1,400 megawatts electrical power and two-loop pressurized water reactor, developed in the Republic of Korea. According to the applicant, based on the self-reliant technologies and experiences from the design, construction, operation and maintenance of the Optimized Power Reactor 1000 (OPR1000), the APR1400 adopts advanced design features to enhance plant safety, economical efficiency, and convenience of operation and maintenance. The APR1400 application includes the entire power generation complex, except those elements and features considered site-specific.

    The NRC staff has determined that KHNP and KEPCO have submitted information in accordance with 10 CFR part 2, “Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders,” and 10 CFR part 52 that is acceptable for docketing. The docket number established for this application is 52-046.

    The NRC staff will perform a detailed technical review of the design certification application. Docketing of the design certification application does not preclude the NRC from requesting additional information from the applicant as the review proceeds, nor does it predict whether the NRC will grant or deny the application. A notice related to the rulemaking pursuant to 10 CFR 52.51 for design certification, including provisions for participation of the public and other parties, will be the subject of a subsequent Federal Register notice.

    Dated at Rockville, Maryland, this 3rd day of March, 2015.

    For the Nuclear Regulatory Commission.

    Jeffrey A. Ciocco, Senior Project Manager, Licensing Branch 2, Division of New Reactor Licensing, Office of New Reactors.
    [FR Doc. 2015-05579 Filed 3-11-15; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [Docket No. 50-608; NRC-2013-0053] SHINE Medical Technologies, Inc.; Notice of Hearing, Opportunity To Intervene, Order Imposing Procedures AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Construction permit application; hearing, opportunity to petition for leave to intervene; order imposing procedures for access to Sensitive Unclassified Non-Safeguards Information (SUNSI).

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) has received a construction permit application from SHINE Medical Technologies, Inc. (SHINE), for approval of a proposed medical radioisotope production facility for the production of molybdenum-99 (Mo-99) at a site located in Janesville, Wisconsin. The NRC is currently conducting a detailed technical review of the construction permit application. If the construction permit application is approved, the applicant would be authorized to construct its proposed medical radioisotope production facility in accordance with the provisions of the construction permit.

    DATES:

    A petition for leave to intervene must be filed by May 11, 2015.

    ADDRESSES:

    Please refer to Docket Number 50-608 or Docket ID NRC-2013-0053 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    Steven Lynch, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1524, email: [email protected]

    SUPPLEMENTARY INFORMATION: I. Introduction

    By letters dated March 26, 2013 (ADAMS Accession No. ML13088A192), and May 31, 2013 (ADAMS Accession No. ML13172A361), and supplemented by letter dated September 25, 2013 (ADAMS Accession No. ML13269A378), SHINE requested approval of a construction permit application for a medical radioisotope production facility (ADAMS Accession No. ML13172A324). SHINE's medical radioisotope production facility would include an irradiation facility and a radioisotope production facility collocated in a single building. The irradiation facility would consist of accelerator-driven subcritical operating assemblies used for the irradiation of a uranium solution to produce molybdenum-99 and other fission products. The radioisotope production facility would consist of hot cell structures used for the extraction of radioisotopes. Part one of the application was accepted for docketing on June 25, 2013 (78 FR 39342). The second and final portion of SHINE's two-part construction permit application, as supplemented, was accepted for docketing on December 2, 2013 (78 FR 73897). The docket number established for this application is 50-608.

    The NRC is considering issuance of a construction permit to SHINE for construction of the SHINE medical radioisotope production facility, to be located in Rock County, Wisconsin.

    II. Hearing

    Pursuant to the Atomic Energy Act of 1954, as amended, and parts 2 and 50 of Title 10 of the Code of Federal Regulations (10 CFR), “Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders,” and “Domestic Licensing of Production and Utilization Facilities,” notice is hereby given that a hearing will be held, at a time and place to be set in the future by the Commission or designated by the Atomic Safety and Licensing Board (Board).

    The hearing on the application for a construction permit filed by SHINE pursuant to 10 CFR part 50 will be conducted by a Board that will be designated by the Chief Judge of the Atomic Safety and Licensing Board Panel or will be conducted by the Commission. Notice as to the membership of the Board will be published in the Federal Register at a later date. The NRC staff will complete a detailed technical review of the application and will document its findings in a safety evaluation report. The Commission will refer a copy of the application to the Advisory Committee on Reactor Safeguards (ACRS) in accordance with 10 CFR 50.58, “Hearings and Report of the Advisory Committee on Reactor Safeguards,” and the ACRS will report on those portions of the application that concern safety. The NRC staff will also complete an environmental review of the application and will document its findings in an environmental impact statement in accordance with the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in 10 CFR part 51.

    III. Opportunity To Petition for Leave To Intervene

    Within 60 days after the date of publication of this Federal Register notice, any person whose interest may be affected by this proceeding and who desires to participate as a party in this proceeding must file a written petition for leave to intervene with respect to issuance of the construction permit to SHINE in accordance with the NRC's “Agency Rules of Practice and Procedure” in 10 CFR part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the NRC's PDR. The NRC's regulations are accessible electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.

    As required by 10 CFR 2.309, a petition for leave to intervene must set forth with particularity the interest of the petitioner in the proceeding and how that interest may be affected by the results of the proceeding. The petition must specifically explain the reasons why intervention should be permitted, with particular reference to the following general requirements: (1) the name, address, and telephone number of the petitioner; (2) the nature of the petitioner's right under the Act to be made a party to the proceeding; (3) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the petitioner's interest. The petition must also include the specific contentions that the petitioner seeks to have litigated at the proceeding.

    For each contention, the petitioner must provide a specific statement of the issue of law or fact to be raised or controverted, as well as a brief explanation of the basis for the contention. Additionally, the petitioner must demonstrate that the issue raised by each contention is within the scope of the proceeding and is material to the findings that the NRC must make to support the issuance of the construction permit in response to the application. The petition must also include a concise statement of the alleged facts or expert opinion that support the contention and on which the petitioner intends to rely at the hearing, together with references to those specific sources and documents. The petition must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the licensing action under consideration. Each contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who does not satisfy these requirements for at least one contention will not be permitted to participate as a party.

    Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing with respect to resolution of that person's admitted contentions, including the opportunity to present evidence and to submit a cross-examination plan for cross-examination of witnesses, consistent with NRC regulations, policies, and procedures. The Atomic Safety and Licensing Board will set the time and place for any prehearing conferences and evidentiary hearings, and the appropriate notices will be provided.

    Petitions for leave to intervene must be filed no later than 60 days from the date of publication of this notice. Petitions for leave to intervene and motions for leave to file new or amended contentions that are filed after the 60-day deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)-(iii).

    A State, local governmental body, Federally-recognized Indian Tribe, or agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h)(1). The petition should state the nature and extent of the petitioner's interest in the proceeding. The petition should be submitted to the Commission by May 11, 2015. The petition must be filed in accordance with the filing instructions in the “Electronic Submission (E-Filing)” section of this document, and should meet the requirements for petitions for leave to intervene set forth in this section, except that under 10 CFR 2.309(h)(2) a State, local governmental body, or Federally-recognized Indian Tribe, or agency thereof does not need to address the standing requirements in 10 CFR 2.309(d) if the facility is located within its boundaries. A State, local governmental body, Federally-recognized Indian Tribe, or agency thereof may also have the opportunity to participate under 10 CFR 2.315(c).

    Any person who files a motion pursuant to 10 CFR 2.323 must consult with counsel for the applicant and counsel for the NRC staff. Counsel for the applicant is Paul Bessette, [email protected], 202-739-5796. Counsel for the NRC staff in this proceeding is Mitzi Young, [email protected], 301-415-3830.

    Any person who does not wish, or is not qualified, to become a party to the proceeding may, in the discretion of the presiding officer, be permitted to make a limited appearance pursuant to the provisions of 10 CFR 2.315(a). A person making a limited appearance may make an oral or written statement of position on the issues, but may not otherwise participate in the proceeding. A limited appearance may be made at any session of the hearing or at any prehearing conference, subject to the limits and conditions as may be imposed by the presiding officer. Persons desiring to make a limited appearance are requested to inform the Secretary of the Commission by May 11, 2015.

    IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below.

    To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at [email protected], or by telephone at 301-415-1677, to request: (1) a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket.

    Information about applying for a digital ID certificate is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing the E-Submittal server are detailed in the NRC's “Guidance for Electronic Submission,” which is available on the agency's public Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC's E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software.

    If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC's online, Web-based submission form. In order to serve documents through the Electronic Information Exchange System, users will be required to install a Web browser plug-in from the NRC's Web site. Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.

    Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the documents are submitted through the NRC's E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC's Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system.

    A person filing electronically using the NRC's adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the “Contact Us” link located on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to [email protected], or by a toll-free call at 1-866-672-7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays.

    Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists.

    Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. However, a request to intervene will require including information on local residence in order to demonstrate a proximity assertion of interest in the proceeding. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submissions.

    V. Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information for Contention Preparation

    A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing SUNSI.

    B. Within 10 days after publication of this notice of hearing and opportunity to petition for leave to intervene, any potential party who believes access to SUNSI is necessary to respond to this notice may request such access. A “potential party” is any person who intends to participate as a party by demonstrating standing and filing an admissible contention under 10 CFR 2.309. Requests for access to SUNSI submitted later than 10 days after publication of this notice will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier.

    C. The requester shall submit a letter requesting permission to access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Associate General Counsel for Hearings, Enforcement and Administration, Office of the General Counsel, Washington, DC 20555-0001. The expedited delivery or courier mail address for both offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email address for the Office of the Secretary and the Office of the General Counsel are [email protected] and [email protected], respectively.1 The request must include the following information:

    1 While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC's “E-Filing Rule,” the initial request to access SUNSI under these procedures should be submitted as described in this paragraph.

    (1) A description of the licensing action with a citation to this Federal Register notice;

    (2) The name and address of the potential party and a description of the potential party's particularized interest that could be harmed by the action identified in C.(1); and

    (3) The identity of the individual or entity requesting access to SUNSI and the requester's basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly-available versions of the information requested would not be sufficient to provide the basis and specificity for a proffered contention.

    D. Based on an evaluation of the information submitted under paragraph C.(3) above, the NRC staff will determine within 10 days of receipt of the request whether:

    (1) There is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding; and

    (2) The requestor has established a legitimate need for access to SUNSI.

    E. If the NRC staff determines that the requestor satisfies both D.(1) and D.(2) above, the NRC staff will notify the requestor in writing that access to SUNSI has been granted. The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 2 setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI.

    2 Any motion for Protective Order or draft Non-Disclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request.

    F. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI must be filed by the requestor no later than 25 days after the requestor is granted access to that information. However, if more than 25 days remain between the date the petitioner is granted access to the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. This provision does not extend the time for filing a request for a hearing and petition to intervene, which must comply with the requirements of 10 CFR 2.309.

    G. Review of Denials of Access.

    (1) If the request for access to SUNSI is denied by the NRC staff after a determination on standing and need for access, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial.

    (2) The requester may challenge the NRC staff's adverse determination by filing a challenge within 5 days of receipt of that determination with: (a) The presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an administrative law judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) officer if that officer has been designated to rule on information access issues.

    H. Review of Grants of Access. A party other than the requester may challenge an NRC staff determination granting access to SUNSI whose release would harm that party's interest independent of the proceeding. Such a challenge must be filed with the Chief Administrative Judge within 5 days of the notification by the NRC staff of its grant of access.

    If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311.3

    3 Requesters should note that the filing requirements of the NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures.

    I. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have propounded contentions meeting the specificity and basis requirements in 10 CFR part 2. Attachment 1 to this Order summarizes the general target schedule for processing and resolving requests under these procedures.

    It is so ordered.

    Dated at Rockville, Maryland, this 4th of March, 2015.

    For the Nuclear Regulatory Commission.

    Annette L. Vietti-Cook, Secretary of the Commission.
    Attachment 1—General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in This Proceeding Day Event/Activity 0 Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 10 Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60 Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner reply). 20 U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff's determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 25 If NRC staff finds no “need” or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff's denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds “need” for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff's grant of access. 30 Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. A If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3 Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. A + 28 Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. A + 53 (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60 (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 Decision on contention admission.
    [FR Doc. 2015-05672 Filed 3-11-15; 8:45 am] BILLING CODE 7590-01-P
    POSTAL REGULATORY COMMISSION [Docket Nos. MC2015-34 and CP2015-45; Order No. 2384] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning an addition of Priority Mail Contract 114 to the competitive product list. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: March 16, 2015.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Notice of Commission Action III. Ordering Paragraphs I. Introduction

    In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal Service filed a formal request and associated supporting information to add Priority Mail Contract 114 to the competitive product list.1

    1 Request of the United States Postal Service to Add Priority Mail Contract 114 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors' Decision, Contract, and Supporting Data, March 4, 2015 (Request).

    The Postal Service contemporaneously filed a redacted contract related to the proposed new product under 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. Id. Attachment B.

    To support its Request, the Postal Service filed a copy of the contract, a copy of the Governors' Decision authorizing the product, proposed changes to the Mail Classification Schedule, a Statement of Supporting Justification, a certification of compliance with 39 U.S.C. 3633(a), and an application for non-public treatment of certain materials. It also filed supporting financial workpapers.

    II. Notice of Commission Action

    The Commission establishes Docket Nos. MC2015-34 and CP2015-45 to consider the Request pertaining to the proposed Priority Mail Contract 114 product and the related contract, respectively.

    The Commission invites comments on whether the Postal Service's filings in the captioned dockets are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR part 3015, and 39 CFR part 3020, subpart B. Comments are due no later than March 16, 2015. The public portions of these filings can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints Kenneth R. Moeller to serve as Public Representative in these dockets.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket Nos. MC2015-34 and CP2015-45 to consider the matters raised in each docket.

    2. Pursuant to 39 U.S.C. 505, Kenneth R. Moeller is appointed to serve as an officer of the Commission to represent the interests of the general public in these proceedings (Public Representative).

    3. Comments are due no later than March 16, 2015.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Shoshana M. Grove, Secretary.
    [FR Doc. 2015-05636 Filed 3-11-15; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL REGULATORY COMMISSION [Docket Nos. MC2015-36 and CP2015-47; Order No. 2382] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning an addition of Priority Mail Contract 116 to the competitive product list. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: March 13, 2015.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Notice of Commission Action III. Ordering Paragraphs I. Introduction

    In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal Service filed a formal request and associated supporting information to add Priority Mail Contract 116 to the competitive product list.1

    1 Request of the United States Postal Service to Add Priority Mail Contract 116 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors' Decision, Contract, and Supporting Data, March 4, 2015 (Request).

    The Postal Service contemporaneously filed a redacted contract related to the proposed new product under 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. Id. Attachment B.

    To support its Request, the Postal Service filed a copy of the contract, a copy of the Governors' Decision authorizing the product, proposed changes to the Mail Classification Schedule, a Statement of Supporting Justification, a certification of compliance with 39 U.S.C. 3633(a), and an application for non-public treatment of certain materials. It also filed supporting financial workpapers.

    II. Notice of Commission Action

    The Commission establishes Docket Nos. MC2015-36 and CP2015-47 to consider the Request pertaining to the proposed Priority Mail Contract 116 product and the related contract, respectively.

    The Commission invites comments on whether the Postal Service's filings in the captioned dockets are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR part 3015, and 39 CFR part 3020, subpart B. Comments are due no later than March 13, 2015. The public portions of these filings can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints Curtis E. Kidd to serve as Public Representative in these dockets.

    III. Ordering Paragraphs It is ordered:

    1 The Commission establishes Docket Nos. MC2015-36 and CP2015-47 to consider the matters raised in each docket.

    2. Pursuant to 39 U.S.C. 505, Curtis E. Kidd is appointed to serve as an officer of the Commission to represent the interests of the general public in these proceedings (Public Representative).

    3. Comments are due no later than March 13, 2015.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Ruth Ann Abrams, Acting Secretary.
    [FR Doc. 2015-05585 Filed 3-11-15; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL REGULATORY COMMISSION [Docket Nos. MC2015-40 and CP2015-51; Order No. 2379] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning an addition of Priority Mail Contract 120 to the competitive product list. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: March 17, 2015.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Notice of Commission Action III. Ordering Paragraphs I. Introduction

    In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal Service filed a formal request and associated supporting information to add Priority Mail Contract 120 to the competitive product list.1

    1 Request of the United States Postal Service to Add Priority Mail Contract 120 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors' Decision, Contract, and Supporting Data, March 4, 2015 (Request).

    The Postal Service contemporaneously filed a redacted contract related to the proposed new product under 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. Id. Attachment B.

    To support its Request, the Postal Service filed a copy of the contract, a copy of the Governors' Decision authorizing the product, proposed changes to the Mail Classification Schedule, a Statement of Supporting Justification, a certification of compliance with 39 U.S.C. 3633(a), and an application for non-public treatment of certain materials. It also filed supporting financial workpapers.

    II. Notice of Commission Action

    The Commission establishes Docket Nos. MC2015-40 and CP2015-51 to consider the Request pertaining to the proposed Priority Mail Contract 120 product and the related contract, respectively.

    The Commission invites comments on whether the Postal Service's filings in the captioned dockets are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR part 3015, and 39 CFR part 3020, subpart B. Comments are due no later than March 17, 2015. The public portions of these filings can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints Kenneth R. Moeller to serve as Public Representative in these dockets.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket Nos. MC2015-40 and CP2015-51 to consider the matters raised in each docket.

    2. Pursuant to 39 U.S.C. 505, Kenneth R. Moeller is appointed to serve as an officer of the Commission to represent the interests of the general public in these proceedings (Public Representative).

    3. Comments are due no later than March 17, 2015.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Ruth Ann Abrams, Acting Secretary.
    [FR Doc. 2015-05582 Filed 3-11-15; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL REGULATORY COMMISSION [Docket Nos. MC2015-39 and CP2015-50; Order No. 2381] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning an addition of Priority Mail Contract 119 to the competitive product list. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: March 13, 2015.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Notice of Commission Action III. Ordering Paragraphs I. Introduction

    In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal Service filed a formal request and associated supporting information to add Priority Mail Contract 119 to the competitive product list.1

    1 Request of the United States Postal Service to Add Priority Mail Contract 119 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors' Decision, Contract, and Supporting Data, March 4, 2015 (Request).

    The Postal Service contemporaneously filed a redacted contract related to the proposed new product under 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. Id. Attachment B.

    To support its Request, the Postal Service filed a copy of the contract, a copy of the Governors' Decision authorizing the product, proposed changes to the Mail Classification Schedule, a Statement of Supporting Justification, a certification of compliance with 39 U.S.C. 3633(a), and an application for non-public treatment of certain materials. It also filed supporting financial workpapers.

    II. Notice of Commission Action

    The Commission establishes Docket Nos. MC2015-39 and CP2015-50 to consider the Request pertaining to the proposed Priority Mail Contract 119 product and the related contract, respectively.

    The Commission invites comments on whether the Postal Service's filings in the captioned dockets are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR part 3015, and 39 CFR part 3020, subpart B. Comments are due no later than March 13, 2015. The public portions of these filings can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints Curtis E. Kidd to serve as Public Representative in these dockets.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket Nos. MC2015-39 and CP2015-50 to consider the matters raised in each docket.

    2. Pursuant to 39 U.S.C. 505, Curtis E. Kidd is appointed to serve as an officer of the Commission to represent the interests of the general public in these proceedings (Public Representative).

    3. Comments are due no later than March 13, 2015.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Ruth Ann Abrams, Acting Secretary.
    [FR Doc. 2015-05584 Filed 3-11-15; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL REGULATORY COMMISSION [Docket Nos. MC2015-38 and CP2015-49; Order No. 2383] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning an addition of Priority Mail Contract 118 to the competitive product list. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: March 18, 2015.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Notice of Commission Action III. Ordering Paragraphs I. Introduction

    In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal Service filed a formal request and associated supporting information to add Priority Mail Contract 118 to the competitive product list.1

    1 Request of the United States Postal Service to Add Priority Mail Contract 118 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors' Decision, Contract, and Supporting Data, March 4, 2015 (Request).

    The Postal Service contemporaneously filed a redacted contract related to the proposed new product under 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. Id. Attachment B.

    To support its Request, the Postal Service filed a copy of the contract, a copy of the Governors' Decision authorizing the product, proposed changes to the Mail Classification Schedule, a Statement of Supporting Justification, a certification of compliance with 39 U.S.C. 3633(a), and an application for non-public treatment of certain materials. It also filed supporting financial workpapers.

    II. Notice of Commission Action

    The Commission establishes Docket Nos. MC2015-38 and CP2015-49 to consider the Request pertaining to the proposed Priority Mail Contract 118 product and the related contract, respectively.

    The Commission invites comments on whether the Postal Service's filings in the captioned dockets are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR part 3015, and 39 CFR part 3020, subpart B. Comments are due no later than March 18, 2015. The public portions of these filings can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints James F. Callow to serve as Public Representative in these dockets.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket Nos. MC2015-38 and CP2015-49 to consider the matters raised in each docket.

    2. Pursuant to 39 U.S.C. 505, James F. Callow is appointed to serve as an officer of the Commission to represent the interests of the general public in these proceedings (Public Representative).

    3. Comments are due no later than March 18, 2015.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Shoshana M. Grove, Secretary.
    [FR Doc. 2015-05617 Filed 3-11-15; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL REGULATORY COMMISSION [Docket Nos. MC2015-37 and CP2015-48; Order No. 2380] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning an addition of Priority Mail Contract 117 to the competitive product list. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: March 16, 2015.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Notice of Commission Action III. Ordering Paragraphs I. Introduction

    In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal Service filed a formal request and associated supporting information to add Priority Mail Contract 117 to the competitive product list.1

    1 Request of the United States Postal Service to Add Priority Mail Contract 117 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors' Decision, Contract, and Supporting Data, March 4, 2015 (Request).

    The Postal Service contemporaneously filed a redacted contract related to the proposed new product under 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. Id. Attachment B.

    To support its Re