Federal Register Vol. 80, No.51,

Federal Register Volume 80, Issue 51 (March 17, 2015)

Page Range13755-13993
FR Document

80_FR_51
Current View
Page and SubjectPDF
80 FR 13787 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2015 and 2016 Harvest Specifications for GroundfishPDF
80 FR 13755 - Delegation of Authority Pursuant to Section 1278(b)(1) of the National Defense Authorization Act for Fiscal Year 2015PDF
80 FR 13883 - Accreditation and Approval of NMC Global Corporation, as a Commercial Gauger and LaboratoryPDF
80 FR 13883 - Accreditation and Approval of Intertek USA, Inc., as a Commercial Gauger and LaboratoryPDF
80 FR 13835 - Proposed Information Collection; Comment Request; Comprehensive Economic Development StrategyPDF
80 FR 13902 - Sunshine Act Meeting NoticePDF
80 FR 13920 - Agency Forms Submitted for OMB Review, Request for CommentsPDF
80 FR 13844 - Sunshine Act Meeting NoticePDF
80 FR 13900 - Sunshine Act Meetings; National Science BoardPDF
80 FR 13822 - Information Collection; Grazing Permit Administration FormsPDF
80 FR 13766 - Drawbridge Operation Regulation; Sloop Channel, Jones Beach, NYPDF
80 FR 13852 - Sunshine Act MeetingsPDF
80 FR 13829 - Silicomanganese From Australia: Initiation of Less-Than-Fair-Value InvestigationPDF
80 FR 13921 - Proposed Collection; Comment RequestPDF
80 FR 13846 - Product Cancellation Order for Certain Pesticide RegistrationsPDF
80 FR 13828 - Ball Bearings and Parts Thereof From Japan: Notice of Court Decision Not in Harmony With the Final Results of Antidumping Duty Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review; 2004-2005PDF
80 FR 13826 - Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court DecisionPDF
80 FR 13866 - Vaccines and Related Biological Products Advisory Committee; Notice of MeetingPDF
80 FR 13852 - Notice of Availability of Preliminary Designation of Certain Stormwater Discharges in the State of New Mexico Under the National Pollutant Discharge Elimination System of the Clean Water ActPDF
80 FR 13851 - Proposed CERCLA Administrative Cost Recovery Settlement; Shaw Road Drum Site, Clyde, OhioPDF
80 FR 13794 - Requirement To Submit Complete and Accurate InformationPDF
80 FR 13825 - Small Diameter Graphite Electrodes From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014PDF
80 FR 13851 - EPA Proposal To Improve Corn Rootworm Resistance Management; Extension of Comment PeriodPDF
80 FR 13837 - Privacy Act of 1974; System of Records-Impact Evaluation of Support for PrincipalsPDF
80 FR 13837 - Notice of Intent To Grant Exclusive Patent License; Vivinostics LLCPDF
80 FR 13885 - Notice of Filing of Plats of Survey; ColoradoPDF
80 FR 13947 - Notice of Final Federal Agency Actions on Proposed Highway in CaliforniaPDF
80 FR 13922 - National Science and Technology CouncilPDF
80 FR 13885 - Notice of Proposed Information Collection; Request for Comments for 1029-0025PDF
80 FR 13843 - Agency Information Collection ExtensionPDF
80 FR 13922 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Withdrawal of Proposed Rule Change Relating to Quotation Requirements for Unlisted Equity Securities and Deletion of the Rules Related to the OTC Bulletin Board ServicePDF
80 FR 13844 - Environmental Management Site-Specific Advisory Board, PortsmouthPDF
80 FR 13878 - Submission for OMB Review; 30-Day Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery (NIDA)PDF
80 FR 13865 - Proposed Collection; 60-Day Comment Request Surveys To Support an Evaluation of the National Human Genome Research Institute (NHGRI) Summer Workshop in Genomics (Short Course)PDF
80 FR 13853 - Administration on Intellectual and Developmental Disabilities, President's Committee for People With Intellectual DisabilitiesPDF
80 FR 13870 - Submission for OMB Review; 30-Day Comment Request: Application for Collaboration With the Therapeutic Development Branch (TDB), Division of Preclinical Innovation (DPI), National Center for Advancing Translational Sciences (NCATS)PDF
80 FR 13881 - Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and LaboratoryPDF
80 FR 13843 - Mid-Atlantic Hydro, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing ApplicationsPDF
80 FR 13842 - Community of Elfin Cove, dba Elfin Cove Utility Commission; Notice of Intent To File License Application, Filing of Pre-Application Document, and Approving Use of the Traditional Licensing ProcessPDF
80 FR 13881 - Accreditation and Approval of NMC Global Corporation, as a Commercial Gauger and LaboratoryPDF
80 FR 13954 - Internal Revenue ServicePDF
80 FR 13953 - Proposed Collection; Comment Request for Form 8845PDF
80 FR 13951 - Proposed Collection; Comment Request for Form 4419PDF
80 FR 13899 - Privacy Act of 1974; Privacy Act System of RecordsPDF
80 FR 13788 - Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish Managed Under the Individual Fishing Quota ProgramPDF
80 FR 13898 - NASA Advisory Council; Technology, Innovation and Engineering Committee; MeetingPDF
80 FR 13900 - NASA Advisory Council; Science Committee; MeetingPDF
80 FR 13897 - NASA Advisory Council; Human Exploration and Operations Committee; MeetingPDF
80 FR 13954 - Submission for OMB Review; Comment RequestPDF
80 FR 13852 - Notice to All Interested Parties of the Termination of the Receivership of 10067, Southern Community Bank Fayetteville, GAPDF
80 FR 13957 - Sanctions Actions Pursuant to Executive Orders 13660 and 13685PDF
80 FR 13892 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Identification of Imported Explosive MaterialsPDF
80 FR 13887 - Notice of Proposed Information Collection; Request for Comments for 1029-0061PDF
80 FR 13868 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
80 FR 13853 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
80 FR 13889 - Notice of Proposed Information Collection; Request for Comments for 1029-0103PDF
80 FR 13887 - Notice of Proposed Information Collection; Request for Comments for 1029-0111PDF
80 FR 13836 - Proposed Collection; Comment RequestPDF
80 FR 13896 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Occupational Safety and Health Act Variance RegulationsPDF
80 FR 13890 - Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and PortugalPDF
80 FR 13891 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public InterestPDF
80 FR 13771 - Pacific Halibut Fisheries; Catch Sharing PlanPDF
80 FR 13957 - MyVA Federal Advisory Committee Notice of MeetingPDF
80 FR 13854 - Authorization of Emergency Use of an In Vitro Diagnostic Device for Detection of Ebola Zaire Virus; AvailabilityPDF
80 FR 13867 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
80 FR 13876 - National Institute on Minority Health and Health Disparities; Notice of Closed MeetingPDF
80 FR 13863 - Center for Scientific Review; Notice of Closed MeetingsPDF
80 FR 13876 - Center for Scientific Review; Notice of Closed MeetingsPDF
80 FR 13765 - Drawbridge Operation Regulation; Snohomish River and Steamboat Slough, Everett and Marysville, WAPDF
80 FR 13892 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability ActPDF
80 FR 13880 - Agency Information Collection Activities: Application for Fee Waivers and Exemption, Form I-912; Revision of a Currently Approved CollectionPDF
80 FR 13884 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
80 FR 13864 - Reprocessing Medical Devices in Health Care Settings: Validation Methods and Labeling; Guidance for Industry and Food and Drug Administration Staff; AvailabilityPDF
80 FR 13846 - Monarch Oil Pipeline Company, LLC; Notice of Petition for Declaratory OrderPDF
80 FR 13841 - Winding Creek Solar LLC; Notice of Petition for EnforcementPDF
80 FR 13839 - DBM Pipeline, LLC; Notice of ApplicationPDF
80 FR 13888 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
80 FR 13886 - National Control and Management Plan for Members of the Snakehead Family (Channidae)PDF
80 FR 13955 - Privacy Act of 1974, as Amended; System of RecordsPDF
80 FR 13897 - Notice of Availability of Funds and Funding Opportunity Announcement for Face Forward 3-Intermediary and Community GrantsPDF
80 FR 13764 - Privacy Act of 1974; ImplementationPDF
80 FR 13932 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Regarding the Transfer of Ownership Interest in the ExchangePDF
80 FR 13936 - Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Concerning the Account From Which Certain Clearing Members May Fund the Additional Margin Requirement Associated With Overnight Trading SessionsPDF
80 FR 13943 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Penny Pilot OptionsPDF
80 FR 13930 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend BOX Rule 7170 To Provide for New Procedures To Account for Erroneous Trades Occurring From Disruptions and/or Malfunctions of Exchange SystemsPDF
80 FR 13929 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Modifying the NYSE Amex Options Fee Schedule To Amend the Fees Associated With Booth Space Provided at the ExchangePDF
80 FR 13925 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Provide a Limited Price Guarantee to Certain Companies That Switch Their Listing to Nasdaq From Another ExchangePDF
80 FR 13901 - Information Collection: NRC Form 7, Application for NRC Export/Import License, Amendment, Renewal or Consent Request(s)PDF
80 FR 13934 - Self-Regulatory Organizations; CBOE Futures Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Regarding Exchange of Contract for Related Position Transactions and Block TradesPDF
80 FR 13940 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval of a Proposed Rule Change, as Amended, To Require a Member To Identify Transactions With a Non-Member Affiliate and To Change How FINRA Disseminates a Subset of Such TransactionsPDF
80 FR 13923 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding FLEX No Minimum Value Size PilotPDF
80 FR 13927 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee SchedulePDF
80 FR 13938 - Self-Regulatory Organizations; The Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee SchedulePDF
80 FR 13879 - ``Low-Income Levels'' Used for Various Health Professions and Nursing Programs Authorized in Titles III, VII, and VIII of the Public Health Service ActPDF
80 FR 13876 - Renewal of Charter for the Advisory Council on Blood Stem Cell TransplantationPDF
80 FR 13956 - Proposed CollectionPDF
80 FR 13955 - Submission for OMB Review; Comment RequestPDF
80 FR 13953 - Submission for OMB Review; Comment RequestPDF
80 FR 13952 - Proposed Collection; Comment RequestPDF
80 FR 13950 - Proposed Information Collection; Comment RequestPDF
80 FR 13893 - Agency Information Collection Activities: Announcement of the Office of Management and Budget (OMB) Control Numbers Under the Paperwork Reduction ActPDF
80 FR 13894 - Whistleblower Protection Advisory CommitteePDF
80 FR 13952 - Recruitment Notice for the Taxpayer Advocacy Panel; CorrectionPDF
80 FR 13824 - Submission for OMB Review; Comment RequestPDF
80 FR 13902 - Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards ConsiderationsPDF
80 FR 13823 - Submission for OMB Review; Comment RequestPDF
80 FR 13922 - Proposed Collection; Comment RequestPDF
80 FR 13947 - Submission for OMB Review; Comment RequestPDF
80 FR 13927 - Submission for OMB Review; Comment RequestPDF
80 FR 13946 - Submission for OMB Review; Comment RequestPDF
80 FR 13863 - National Institute of Biomedical Imaging and Bioengineering; Notice of MeetingPDF
80 FR 13949 - Agency Information Collection Activity Under OMB ReviewPDF
80 FR 13877 - Center for Scientific Review; Notice of Closed MeetingsPDF
80 FR 13863 - National Heart, Lung, and Blood Institute; Notice of Closed MeetingPDF
80 FR 13863 - National Heart, Lung, and Blood; Institute Notice of MeetingPDF
80 FR 13875 - National Institute of Neurological Disorders and StrokePDF
80 FR 13854 - National Institute of Neurological Disorders and Stroke; Notice of Closed MeetingPDF
80 FR 13948 - Agency Information Collection Activity Under OMB ReviewPDF
80 FR 13949 - Notice of Request for the Extension of a Currently Approved Information CollectionPDF
80 FR 13768 - Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Low Emission Vehicle ProgramPDF
80 FR 13889 - Certain Polyethyelene Terephthalate Resin From Canada, China, India, and Oman; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase InvestigationsPDF
80 FR 13870 - Applications for New Awards; National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR)-Research Fellowships ProgramPDF
80 FR 13851 - Bona Fide Prospective Purchaser Proposed Agreement and Covenant Not To Sue: Murray Laundry Superfund Site, Salt Lake City, Salt Lake County, UtahPDF
80 FR 13833 - Helical Spring Lock Washers From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013PDF
80 FR 13803 - Proposed Priority-Investing in Innovation Fund; Catalog of Federal Domestic AssistancePDF
80 FR 13840 - DOE/NSF Nuclear Science Advisory Committee (NSAC)PDF
80 FR 13841 - Eni Gas Marketing LLC; Application for Blanket Authorization To Export Previously Imported Liquefied Natural Gas on a Short-Term BasisPDF
80 FR 13791 - Energy Conservation Program: Data Collection and Comparison With Forecasted Unit Sales of Five Lamp TypesPDF
80 FR 13877 - Proposed Data Collections Submitted for Public Comment and Recommendations; WithdrawalPDF
80 FR 13958 - Funding Availability Under Supportive Services for Veteran Families ProgramPDF
80 FR 13961 - Takes of Marine Mammals Incidental to Specified Activities; Marine Geophysical Survey in the Northwest Atlantic Ocean Offshore New Jersey, June to August, 2015PDF
80 FR 13757 - Removal of Published Rules To Align Published Policy with Current Sources of LawPDF
80 FR 13797 - Airworthiness Directives; General Electric Company Turbofan EnginesPDF
80 FR 13763 - Restructuring of the Office of Programs; Elimination of Regional OfficesPDF
80 FR 13766 - Drawbridge Operation Regulation; Columbia River, Celilo, OR and Wishram, WAPDF
80 FR 13767 - Clarification of Content Eligibility for Standard Mail Marketing ParcelsPDF
80 FR 13827 - Prestressed Concrete Steel Wire Strand From Brazil, India, Japan, the Republic of Korea, Mexico, and Thailand: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Finding/OrdersPDF
80 FR 13761 - Airworthiness Directives; Flugzeugwerke Altenrheim AG (FFA) AirplanesPDF
80 FR 13789 - Identifying and Reducing Regulatory BurdensPDF
80 FR 13799 - Airworthiness Directives; Airbus AirplanesPDF
80 FR 13758 - Airworthiness Directives; Bombardier, Inc. AirplanesPDF
80 FR 13806 - Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery and Northeast Multispecies Fishery; Framework Adjustment 26; Endangered and Threatened Wildlife; Sea Turtle ConservationPDF

Issue

80 51 Tuesday, March 17, 2015 Contents Administration Administration Office, Executive Office of the President RULES Removal of Rules to Align Published Policy with Current Sources of Law, 13757-13758 2015-05899 Agriculture Agriculture Department See

Forest Service

PROPOSED RULES Identifying and Reducing Regulatory Burdens, 13789-13791 2015-05742 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13823-13825 2015-05992 2015-05998
Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13836-13837 2015-06046 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13868-13869 2015-06050 Agency Information Collection Activities; Proposals, Submissions, and Approvals; Withdrawal, 13877 2015-05942 Coast Guard Coast Guard RULES Drawbridge Operations: Columbia River, Celilo, OR, and Wishram, WA, 13766-13767 2015-05886 Sloop Channel, Jones Beach, NY, 13766 2015-06148 Snohomish River and Steamboat Slough, Everett and Marysville, WA, 13765-13766 2015-06034 Commerce Commerce Department See

Economic Development Administration

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Community Living Administration Community Living Administration NOTICES Applications for New Awards: National Institute on Disability, Independent Living, and Rehabilitation Research; Research Fellowships Program, 13870-13875 2015-05961 Meetings: Administration on Intellectual and Developmental Disabilities, Presidents Committee for People with Intellectual Disabilities; Webinar, 13853-13854 2015-06085 Defense Department Defense Department See

Army Department

See

Navy Department

Economic Development Economic Development Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Comprehensive Economic Development Strategy, 13835-13836 2015-06194 Education Department Education Department PROPOSED RULES Proposed Priorities: Investing in Innovation Fund, 13803-13806 2015-05956 NOTICES Privacy Act; Systems of Records, 13837-13839 2015-06102 Employment and Training Employment and Training Administration NOTICES Funding Availability: Face Forward 3-Intermediary and Community Grants, 13897 2015-06022 Energy Department Energy Department See

Energy Information Administration

See

Federal Energy Regulatory Commission

PROPOSED RULES Energy Conservation Programs: Data Collection and Comparison with Forecasted Unit Sales of Five Lamp Types, 13791-13794 2015-05947 NOTICES Authority to Import and Export Gas: Eni Gas Marketing, LLC, 13841-13842 2015-05950 Meetings: DOE/NSF Nuclear Science Advisory Committee, 13840-13841 2015-05953 Environmental Management Site-Specific Advisory Board, Portsmouth, 13844 2015-06088
Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13843-13844 2015-06095 Engraving Engraving and Printing Bureau NOTICES Privacy Act; Systems of Records, 13955-13956 2015-06023 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Connecticut; Low Emission Vehicle Program, 13768-13771 2015-05964 NOTICES Agreements: Murray Laundry Superfund Site, Salt Lake City, Salt Lake County, UT; Bona Fide Prospective Purchaser, 13851 2015-05960 National Pollutant Discharge Elimination System: Preliminary Designation of Certain Stormwater Discharges in New Mexico, 13852 2015-06114 Product Cancellation Orders for Certain Pesticide Registrations, 13846-13850 2015-06139 Proposal to Improve Corn Rootworm Resistance Management: Extension of Comment Period, 13851 2015-06104 Proposed CERCLA Administrative Cost Recovery Settlement: Shaw Road Drum Site, Clyde, Ohio, 13851-13852 2015-06113 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 13758-13760 2015-05717 Flugzeugwerke Altenrheim AG (FFA) Airplanes, 13761-13763 2015-05788 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 13799-13803 2015-05720 General Electric Company Turbofan Engines, 13797-13799 2015-05897 Federal Deposit Federal Deposit Insurance Corporation NOTICES Receivership Terminations: Southern Community Bank, Fayetteville, GA, 13852 2015-06058 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 13852-13853 2015-06147 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Community of Elfin Cove, dba Elfin Cove Utility Commission, 13842-13843 2015-06080 Declaratory Orders; Petitions: Monarch Oil Pipeline Co., LLC, 13846 2015-06028 Meetings; Sunshine Act, 13844-13846 2015-06157 Petitions for Enforcement: Winding Creek Solar, LLC, 13841 2015-06027 Preliminary Permit Applications: DBM Pipeline, LLC, 13839-13840 2015-06026 Mid-Atlantic Hydro, LLC, 13843 2015-06082 Federal Highway Federal Highway Administration NOTICES Final Federal Actions on Proposed Highway in California, 13947-13948 2015-06099 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 13853 2015-06049 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13948-13950 2015-05966 2015-05967 2015-05973 Fish Fish and Wildlife Service NOTICES National Control and Management Plan for Members of the Snakehead Family (Channidae), 13886-13887 2015-06024 Food and Drug Food and Drug Administration NOTICES Emergency Use Authorizations: In Vitro Diagnostic Device for Detection of Ebola Zaire Virus, 13854-13862 2015-06039 Guidance for Industry and Staff: Reprocessing Medical Devices in Health Care Settings; Validation Methods and Labeling, 13864-13865 2015-06029 Meetings: Vaccines and Related Biological Products Advisory Committee, 13866-13867 2015-06116 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 13957 2015-06056 Forest Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Grazing Permit Administration Forms, 13822-13823 2015-06150 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Community Living Administration

See

Food and Drug Administration

See

Health Resources and Services Administration

See

National Institutes of Health

See

Substance Abuse and Mental Health Services Administration

Health Resources Health Resources and Services Administration NOTICES Charter Renewals: Advisory Council on Blood Stem Cell Transplantation, 13876 2015-06007 Guidance for Industry and Staff: Low-Income Levels Used for Various Health Professions and Nursing Programs, 13879-13880 2015-06008 Homeland Homeland Security Department See

Coast Guard

See

U.S. Customs and Border Protection

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Fee Waivers and Exemption, 13880-13881 2015-06032
Interior Interior Department See

Fish and Wildlife Service

See

Land Management Bureau

See

National Park Service

See

Surface Mining Reclamation and Enforcement Office

Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13950-13954, 13956-13957 2015-06002 2015-06003 2015-06006 2015-06070 2015-06071 2015-06073 Requests for Nominations: Taxpayer Advocacy Panel; Correction, 13952 2015-05999 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Ball Bearings and Parts Thereof from Japan, 13828-13829 2015-06137 Helical Spring Lock Washers from the People's Republic of China, 13833-13835 2015-05957 Polyethylene Terephthalate Film, Sheet, and Strip from the People's Republic of China, 13826-13827 2015-06127 Prestressed Concrete Steel Wire Strand from Brazil, India, Japan, the Republic of Korea, Mexico, and Thailand, 13827-13828 2015-05815 Silicomanganese from Australia, 13829-13833 2015-06142 Small Diameter Graphite Electrodes from the People's Republic of China, 13825-13826 2015-06105 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Polyethyelene Terephthalate Resin from Canada, China, India, and Oman, 13889-13890 2015-05963 Complaints: Certain Protective Cases for Electronic Devices and Components Thereof, 13891-13892 2015-06042 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal, 13890-13891 2015-06043 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Identification of Imported Explosive Materials, 13892 2015-06054 Consent Decrees under CERCLA, 13892-13893 2015-06033 Labor Department Labor Department See

Employment and Training Administration

See

Occupational Safety and Health Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Occupational Safety and Health Act Variance Regulations, 13896-13897 2015-06045
Land Land Management Bureau NOTICES Plats of Surveys: Colorado, 13885 2015-06100 NASA National Aeronautics and Space Administration NOTICES Meetings: NASA Advisory Council; Human Exploration and Operations Committee, 13897-13898 2015-06060 NASA Advisory Council; Science Committee, 13900 2015-06061 NASA Advisory Council; Technology, Innovation and Engineering Committee, 13898-13899 2015-06062 Privacy Act; Systems of Records, 13899-13900 2015-06065 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Collaboration with the Therapeutic Development Branch, Division of Preclinical Innovation, National Center for Advancing Translational Sciences, 13870 2015-06084 Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 13878-13879 2015-06087 Surveys to Support an Evaluation of the National Human Genome Research Institute Summer Workshop in Genomics, 13865-13866 2015-06086 Meetings: Center for Scientific Review, 2015-05972 13863-13864, 13876-13877 2015-06035 2015-06036 National Heart, Lung, and Blood Institute, 2015-05970 13863 2015-05971 National Institute of Biomedical Imaging and Bioengineering, 13863 2015-05974 National Institute of Neurological Disorders and Stroke, 13854, 13875 2015-05968 2015-05969 National Institute on Minority Health and Health Disparities, 13876 2015-06037 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea and Aleutian Islands; Harvest Specifications for Groundfish, 13787-13788 C1--2015--05041 Sablefish Managed Under the Individual Fishing Quota Program, 13788 2015-06064 International Fisheries: Pacific Halibut Fisheries; Catch Sharing Plan, 13771-13787 2015-06041 PROPOSED RULES Fisheries of the Northeastern United States: Atlantic Sea Scallop Fishery and Northeast Multispecies Fishery; Framework Adjustment 26; Endangered and Threatened Wildlife; Sea Turtle Conservation, 13806-13821 2015-05650 NOTICES Takes of Marine Mammals Incidental to Specified Activities: Marine Geophysical Survey in the Northwest Atlantic Ocean, Offshore New Jersey, June to August, 2015, 13962-13993 2015-05913 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 2015-06025 13884-13885, 13888-13889 2015-06030 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 13900-13901 2015-06155 Navy Navy Department NOTICES Exclusive Patent Licenses: Vivinostics LLC, 13837 2015-06101 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Requirement to Submit Complete and Accurate Information, 13794-13797 2015-06107 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Export/Import License, Amendment, Renewal or Consent Request(s), 13901-13902 2015-06014 Facility Operating and Combined Licenses: Applications and Amendments Involving No Significant Hazards Considerations, 13902-13920 2015-05994 Meetings; Sunshine Act, 13902 2015-06188 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13893-13894 2015-06001 Requests for Nominations: Whistleblower Protection Advisory Committee, 13894-13896 2015-06000 Postal Service Postal Service RULES Clarification of Content Eligibility for Standard Mail Marketing Parcels, 13767-13768 2015-05885 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS National Defense Authorization Act for FY 2015; Delegation of Authority (Memorandum of March 12, 2015), 13755 2015-06253 Railroad Retirement Railroad Retirement Board RULES Restructuring of the Office of Programs; Elimination of Regional Offices, 13763-13764 2015-05888 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13920-13922 2015-06140 2015-06167 Science Technology Science and Technology Policy Office NOTICES Meetings: National Science and Technology Council, 13922 2015-06098 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13922-13923, 13927, 13946-13947 2015-05982 2015-05983 2015-05985 2015-05986 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange, LLC, 13930-13934 2015-06017 2015-06020 CBOE Futures Exchange, LLC, 13934-13936 2015-06013 Financial Industry Regulatory Authority, Inc., 13922, 13940-13943 2015-06012 2015-06090 Miami International Securities Exchange, LLC, 13927-13929, 13938-13940 2015-06009 2015-06010 NASDAQ OMX PHLX, LLC, 13923-13925 2015-06011 NASDAQ Stock Market LLC, 13925-13927 2015-06015 NYSE MKT, LLC, 13929-13930 2015-06016 Options Clearing Corp., 13936-13938 2015-06019 Self-Regulatory Organizations; Proposed Rule Changes:, NASDAQ Stock Market LLC, 13943-13946 2015-06018 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13867-13868 2015-06038 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2015-06048 13885-13889 2015-06096 2015-06051 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Areas Designated by Act of Congress, 13887 2015-06047 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Highway Administration

See

Federal Transit Administration

Treasury Treasury Department See

Engraving and Printing Bureau

See

Foreign Assets Control Office

See

Internal Revenue Service

RULES Privacy Act; Systems of Records; Implementation, 13764-13765 2015-06021 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2015-06004 2015-06005 13953-13955 2015-06059
Customs U.S. Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditation and Approvals: Inspectorate America Corp., 13881-13882 2015-06083 Intertek USA, Inc., 13883-13884 2015-06218 NMC Global Corp., 2015-06076 13881, 13883 2015-06221 Veteran Affairs Veterans Affairs Department NOTICES Funding Availabilities: Supportive Services for Veteran Families Program, 13958-13959 2015-05941 Meetings: MyVA Federal Advisory Committee, 13957-13958 2015-06040 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 13962-13993 2015-05913 Reader Aids

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80 51 Tuesday, March 17, 2015 Rules and Regulations EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF ADMINISTRATION 3 CFR Part 101 5 CFR Chapter XV RIN 0300-AA00 Removal of Published Rules To Align Published Policy with Current Sources of Law AGENCY:

Office of Administration, Executive Office of the President.

ACTION:

Final rule.

SUMMARY:

The Executive Office of the President, Office of Administration, is removing regulations from the Code of Federal Regulations related to the status of records created and maintained by the Executive Office of the President. This action is being taken in order to align Office of Administration policy with well-settled legal interpretations of the Office of Administration's status under Federal law and Executive Orders, including the Freedom of Information Act, the Privacy Act of 1974, and Executive Order 13526. The Office of Administration, as an entity whose sole function is to advise and assist the President of the United States, is not an agency under the Freedom of Information Act or the Privacy Act of 1974, nor does its implementation of Executive Order 13526 affect members of the public. Accordingly, the provisions of the Code of Federal Regulations to be removed are without legal effect.

DATES:

This rule is effective March 17, 2015.

FOR FURTHER INFORMATION CONTACT:

Hugh L. Brady, General Counsel, Executive Office of the President, Office of Administration, 202-395-1268.

SUPPLEMENTARY INFORMATION:

The Executive Office of the President, Office of Administration, removes the following provisions from the Code of Federal Regulations: Chapter XV, title 5, comprising 5 CFR parts 2500, 2502, and 2504; and 3 CFR 101.3. This action is being taken in order to implement well-settled legal interpretations of the Office of Administration's status under Federal law and Executive Orders, including the Freedom of Information Act, the Privacy Act of 1974, and Executive Order 13526. The Office of Administration, as an entity whose sole function is to advise and assist the President of the United States, is not an agency within the meaning of 5 U.S.C. 552(f), and thus is not subject to the Freedom of Information Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C. 552a). The Office of Administration's implementation of Executive Order 13526 does not affect members of the public and the Office of Administration is therefore not required to publish its internal policies. Accordingly, the provisions of the Code of Federal Regulations to be removed are without legal effect.

This rule removing 5 CFR parts 2500, 2502, and 2504, and 3 CFR 101.3 is issued pursuant to, among other authorities, C.R.E.W. v. Office of Admin., 566 F.3d 219 (D.C. Cir. 2009); Whether the Office of Admin. Is an “Agency” for Purposes of Freedom of Information Act, 31 Op. O.L.C. (Aug. 21, 2007); Franklin v. Mass., 505 U.S. 788 (1992); and Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136 (1980). In C.R.E.W., the United States Court of Appeals for the District of Columbia Circuit held that the Office of Administration is not an agency within the meaning of 5 U.S.C. 552(f). Accordingly, the Office of Administration is not an agency for purposes of the Freedom of Information Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C. 552a). All records of the Office of Administration are Presidential records under the Presidential Records Act, 44 U.S.C. 2201-2207, and are not available to the public until the fifth anniversary of the last year of an Administration.

Additionally, Office of Administration procedures recorded at 5 CFR part 2500 reflect an internal process that has been discontinued. The Office of Administration does not have regulations implementing Executive Order 13526 that affect members of the public and is therefore not required to publish its internal policies.

This rule removes all rules previously issued by the Executive Office of the President, Office of Administration, that are without legal effect under well-settled interpretations of the law by the courts, the Department of Justice, and the current provisions of Executive Order 13526. The Office of Administration therefore removes chapter XV, title 5 and 3 CFR 101.3.

Notice and Comment Requirements

The provisions of the Administrative Procedure Act requiring notice of proposed rulemaking, the opportunity for public participation, and a 30-day delay in effective date set forth in 5 U.S.C. 553 are inapplicable because they are “unnecessary” under 5 U.S.C. 553(b)(B) and the United States Court of Appeals for the District of Columbia Circuit's holding in C.R.E.W. The court's holding in C.R.E.W. clarifies that the Freedom of Information Act has no legal effect on the Office of Administration because the Office of Administration is not an agency within the meaning of 5 U.S.C. 552(f). This rule is published solely to align relevant provisions of the Code of Federal Regulations with well-settled law. Thus, this rule involves no agency discretion, so notice of proposed rulemaking, the opportunity for public participation, and a 30-day delay in effective date would be unnecessary.

If this rulemaking were delayed to allow for notice and comment and a 30-day delay in effectiveness, it would delay alignment of the Code of Federal Regulations with existing Federal law as interpreted by the courts, the Department of Justice, and the current provisions of Executive Order 13526, as well as Office of Administration policy.

Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be issued for this rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under the Administrative Procedure Act or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612) are not applicable. Therefore, this regulation is issued in final form.

Rulemaking Requirements

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

Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521), unless that collection of information displays a currently valid Office of Management and Budget Control Number. This rule does not involve any collection of information subject to the Paperwork Reduction Act.

This rule does not contain “policies that have federalism implications” as that term is defined under Executive Order 13132.

List of Subjects 3 CFR Part 101

Freedom of information.

5 CFR Part 2500

Classified information.

5 CFR Part 2502

Courts, Freedom of information.

5 CFR Part 2504

Privacy.

Accordingly, under the authority of 5 U.S.C. 553 and as discussed in the preamble, amend 3 CFR part 101 and chapter XV of title 5 of the Code of Federal Regulations as follows.

Title 3—The President CHAPTER I—EXECUTIVE OFFICE OF THE PRESIDENT PART 101—PUBLIC INFORMATION PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT 1. The authority citation for part 101 continues to read as follows: Authority:

5 U.S.C. 552.

§ 101.3 [REMOVED]
2. Remove § 101.3. Title 5—Administrative Personnel CHAPTER XV—[REMOVED] 3. Remove chapter XV, consisting of parts 2500 through 2599. Dated: February 23, 2015. Beth A. Jones, Deputy Assistant to the President, Director, Office of Administration.
[FR Doc. 2015-05899 Filed 3-16-15; 8:45 am] BILLING CODE 3215-F5-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0653; Directorate Identifier 2014-NM-057-AD; Amendment 39-18113; AD 2015-05-03] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc. Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This AD was prompted by reports of cracking on the skin panels and skin splice joints and angles at certain stringers at various locations between certain fuselage stations. This AD requires revising the maintenance or inspection program, as applicable, to incorporate new or revised maintenance requirements and airworthiness limitations, and incorporating structural repairs and modifications to preclude widespread fatigue damage (WFD). We are issuing this AD to detect and correct WFD, which could adversely affect the structural integrity of the airplane.

DATES:

This AD becomes effective April 21, 2015.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 21, 2015.

ADDRESSES:

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0653 or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

For service information identified in this AD, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; email [email protected]; Internet http://www.bombardier.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0653.

FOR FURTHER INFORMATION CONTACT:

Aziz Ahmed, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 516-228-7329; fax: 516-794-5531; email: [email protected]

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The NPRM published in the Federal Register on October 1, 2014 (79 FR 59157). The NPRM was prompted by reports of cracking on the skin panels and skin splice joints and angles at certain stringers at various locations between certain fuselage stations. The NPRM proposed to require revising the maintenance or inspection program, as applicable, to incorporate new or revised maintenance requirements and airworthiness limitations, and incorporating structural repairs and modifications to preclude WFD. We are issuing this AD to detect and correct WFD, which could adversely affect the structural integrity of the airplane.

Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2014-07, dated January 31, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The MCAI states:

Complete aeroplane fatigue testing on a CL-600-2B19 aeroplane by the aeroplane manufacturer revealed the onset of simultaneous cracking on the skin panels and skin splice joints and angles at stringers number 6 and 20 at various locations between fuselage stations (FS) 409.00 to FS 589.00.

Cracks at multiple locations may reduce the residual strength of the joint below the required levels if the cracks are not detectable under the existing maintenance program established at the time of certification. This multiple site damage (MSD) behavior, if not corrected, could lead to widespread fatigue damage (WFD) and adversely affect the structural integrity of the aeroplane and/or could result in rapid decompression of the aeroplane.

A Temporary Revision (TR) has been made to the Maintenance Requirements Manual (MRM) to revise existing Airworthiness Limitations (AWL) tasks and introduce new inspection tasks for the detection of MSD. The aeroplane manufacturer is also developing a structural modification to preclude WFD from occurring in the fleet at these locations.

This [Canadian] AD mandates the incorporation of the new and revised AWL tasks [into the maintenance program], and a structural modification to preclude WFD.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0653-0003. Comments

We gave the public the opportunity to participate in developing this AD. We received no valid comments on the NPRM (79 FR 59157, October 1, 2014) or on the determination of the cost to the public.

Conclusion

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

• Are consistent with the intent that was proposed in the NPRM (79 FR 59157, October 1, 2014) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (79 FR 59157, October 1, 2014).

Related Service Information Under 1 CFR Part 51

We reviewed the following service information.

• Airworthiness Limitations (AWL) Task 53-41-109, Longitudinal Str. 6 splice at STR 6 and 20, of Appendix B, Airworthiness Limitations, of Part 2, Airworthiness Requirements, Revision 9, dated June 10, 2013, of the Bombardier CL-600-2B19 Maintenance Requirements Manual, CSP A-053. This service information describes procedures for inspecting the longitudinal stringer 6 splice at stringers 6 and 20.

• AWL Task 53-41-110, Longitudinal Str. 6 splice butt strap at Str. 6, FS409.0 to FS617.0, of Appendix B, Airworthiness Limitations, of Part 2, Airworthiness Requirements, Revision 9, dated June 10, 2013, of the Bombardier CL-600-2B19 Maintenance Requirements Manual, CSP A-053. This service information describes procedures for inspecting the longitudinal stringer 6 splice butt at stringer 6 at fuselage station 409.0 to fuselage station 617.0.

• AWL Task 53-41-204, Frame splice angles at STR 6 and 20, of Appendix B, Airworthiness Limitations, of Part 2, Airworthiness Requirements, Revision 9, dated June 10, 2013, of the Bombardier CL-600-2B19 Maintenance Requirements Manual, CSP A-053. This service information describes procedures for inspecting the frame splice angles at stringers 6 and 20.

• AWL Task 53-41-205, Longitudinal skin splice at STR 6 and 20, of Appendix B, Airworthiness Limitations, of Part 2, Airworthiness Requirements, Revision 9, dated June 10, 2013, of the Bombardier CL-600-2B19 Maintenance Requirements Manual, CSP A-053. This service information describes procedures for inspecting the longitudinal skin splice at stringers 6 and 20.

This service information is reasonably available; see ADDRESSES for ways to access this service information.

Costs of Compliance

We estimate that this AD affects 526 airplanes of U.S. registry.

We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this AD. We have received no definitive data that would enable us to provide cost estimates for the repairs and modifications specified in this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $44,710, or $85 per product.

Authority for This Rulemaking

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

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

Regulatory Findings

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

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

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

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

3. Will not affect intrastate aviation in Alaska; and

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

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0653; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2015-05-03 Bombardier, Inc.: Amendment 39-18113. Docket No. FAA-2014-0653; Directorate Identifier 2014-NM-057-AD. (a) Effective Date

This AD becomes effective April 21, 2015.

(b) Affected ADs

None.

(c) Applicability

This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, certificated in any category, serial numbers 7003 and subsequent.

(d) Subject

Air Transport Association (ATA) of America Code 05, Periodic Inspections.

(e) Reason

This AD was prompted by reports of cracking on the skin panels and skin splice joints and angles at certain stringers at various locations between certain fuselage stations. We are issuing this AD to detect and correct widespread fatigue damage, which could adversely affect the structural integrity of the airplane.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

Within 60 days after the effective date of this AD: Revise the maintenance or inspection program, as applicable, by incorporating the airworthiness limitations (AWL) tasks specified in paragraphs (g)(1) through (g)(4) of this AD. The initial compliance times for the tasks start from the applicable threshold times specified in Part 2 Airworthiness Requirements, Revision 9, dated June 10, 2013, of Appendix B, Airworthiness Limitations, of Bombardier CL-600-2B19, Maintenance Requirements Manual, CSP A-053; except that, for airplanes that have accumulated more than 38,000 total flight cycles as of the effective date of this AD, the initial compliance time for the AWL tasks is before the accumulation of 2,000 flight cycles after the effective date of this AD.

(1) AWL Task 53-41-109, Longitudinal Str. 6 splice at STR 6 and 20, of Appendix B, Airworthiness Limitations, of Part 2, Airworthiness Requirements, Revision 9, dated June 10, 2013, of the Bombardier CL-600-2B19, Maintenance Requirements Manual, CSP A-053.

(2) AWL Task 53-41-110, Longitudinal Str. 6 splice butt strap at Str. 6, FS409.0 to FS617.0, of Appendix B, Airworthiness Limitations, of Part 2, Airworthiness Requirements, Revision 9, dated June 10, 2013, of the Bombardier CL-600-2B19, Maintenance Requirements Manual, CSP A-053.

(3) AWL Task 53-41-204, Frame splice angles at STR 6 and 20, of Appendix B, Airworthiness Limitations, of Part 2, Airworthiness Requirements, Revision 9, dated June 10, 2013, of the Bombardier CL-600-2B19, Maintenance Requirements Manual, CSP A-053.

(4) AWL Task 53-41-205, Longitudinal skin splice at STR 6 and 20., of Appendix B, Airworthiness Limitations, of Part 2, Airworthiness Requirements, Revision 9, dated June 10, 2013, of the Bombardier CL-600-2B19, Maintenance Requirements Manual, CSP A-053.

(h) No Alternative Actions or Intervals

After the maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions or intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (j)(1) of this AD.

(i) Repairs and Modifications

Before the accumulation of 60,000 total flight cycles: Install repairs and modifications to preclude widespread fatigue damage at locations specified in the tasks identified in paragraphs (g)(1) through (g)(4) of this AD, using a method approved by the Manager, New York ACO, ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature.

(j) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO, ANE-170, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

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

(k) Related Information

Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2014-07, dated January 31, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0653-0003.

(l) Material Incorporated by Reference

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

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

(i) Appendix B, Airworthiness Limitations, of Part 2, Airworthiness Requirements, Revision 9, dated June 10, 2013, of the Bombardier CL-600-2B19 Maintenance Requirements Manual, CSP A-053:

(A) Airworthiness Limitations (AWL) Task 53-41-109, Longitudinal Str. 6 splice at STR 6 and 20;

(B) AWL Task 53-41-110, Longitudinal Str. 6 splice butt strap at Str. 6, FS409.0 to FS617.0;

(C) AWL Task 53-41-204, Frame splice angles at STR 6 and 20; and

(D) AWL Task 53-41-205, Longitudinal skin splice at STR 6 and 20.

(ii) Reserved.

(3) For service information identified in this AD, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; email [email protected]; Internet http://www.bombardier.com.

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

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

Issued in Renton, Washington, on March 2, 2015. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-05717 Filed 3-16-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0536; Directorate Identifier 2015-CE-004-AD; Amendment 39-18116; AD 2015-05-06] RIN 2120-AA64 Airworthiness Directives; Flugzeugwerke Altenrheim AG (FFA) Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; request for comments.

SUMMARY:

We are adopting a new airworthiness directive (AD) for Flugzeugwerke Altenrheim AG (FFA) Models AS 202/15 “BRAVO”, AS 202/18A “BRAVO”, and AS 202/18A4 “BRAVO” airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as corrosion on the upper forward fuselage stringers. We are issuing this AD to require actions to address the unsafe condition on these products.

DATES:

This AD is effective March 17, 2015.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of March 17, 2015.

We must receive comments on this AD by May 1, 2015.

ADDRESSES:

You may send comments by any of the following methods:

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

Fax: (202) 493-2251.

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

Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this AD, contact Gomolzig Flugzeug- und Maschinenbau GmbH, Eisenwerkstraße 9, 58332 Schwelm, telephone: +49 (0) 2336 490 330; fax; +49 (0) 2336 490 339; email: [email protected]; internet: http://www.gomolzig.de/. You may view this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0536.

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-2015-0536; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090; email: [email protected]

SUPPLEMENTARY INFORMATION:

Discussion

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued AD No. 2015-0023-E, dated February 18, 2015, (referred to after this as “the MCAI”), to correct an unsafe condition for Flugzeugwerke Altenrheim AG (FFA) Models AS 202/15 “BRAVO”, AS 202/18A “BRAVO”, and AS 202/18A4 “BRAVO” airplanes. The MCAI states:

Heavy corrosion was reportedly discovered on an AS 202 aeroplane, between the forward (FWD) windshield frame angle and the upper FWD stringer, left hand (LH) and right hand (RH). The corrosion was found underneath the removed windshield frame. Corrosion was not detected during a general visual inspection from below.

This condition, if not detected and corrected, could lead to failure of the FWD upper stringer, which reduces the structural integrity of the affected area.

To address this potential unsafe condition, Gomolzig Flugzeug- und Maschinenbau GmbH (GFM), acting on behalf of the TC holder, have issued Service Bulletin (SB) No. 2015-1 to provide inspection instructions.

For the reasons described above, this AD requires repetitive inspections of the upper FWD stringer (LH and RH) structure for signs of corrosion and, depending on the findings, the accomplishment of applicable corrective action(s).

This AD is considered to be an interim action and further AD action may follow.

You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0536. Relevant Service Information Under 1 CFR Part 51

Gomolzig Flugzeug- und Maschinenbau GmbH has issued Service Bulletin GFM SB 2015-1, dated February 5, 2015. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. The Gomolzig Flugzeug- und Maschinenbau GmbH service bulletin describes procedures for inspecting the upper forward stringer (LH and RH) structure for signs of corrosion and making all necessary repairs. This service information is reasonably available; see ADDRESSES for ways to access this service information.

FAA's Determination and Requirements of the AD

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

This AD is considered an interim action. After issuing this AD, we may initiate further AD action to require a possible terminating action for the 12-month repetitive inspections.

FAA's Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because corrosion on the upper forward fuselage stringers could cause them to fail, which could result in reduced structural integrity of the windshield frame. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-0536; Directorate Identifier 2015-CE-004-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.

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

Costs of Compliance

We estimate that this AD will affect 1 product of U.S. registry. We also estimate that it will take about 6 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour.

Based on these figures, we estimate the cost of the AD on U.S. operators to be $510.

In addition, we estimate that any necessary follow-on actions will take about 20 work-hours and require parts costing $1,000, for a cost of $2,700 per product. We have no way of determining at this time if the affected airplane may need these actions.

Authority for This Rulemaking

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

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

Regulatory Findings

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

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

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

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

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

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new AD: 2015-05-06 Flugzeugwerke Altenrheim AG (FFA): Amendment 39-18116; Docket No. FAA-2015-0536; Directorate Identifier 2015-CE-004-AD. (a) Effective Date

This airworthiness directive (AD) becomes effective March 17, 2015.

(b) Affected ADs

None.

(c) Applicability

This AD applies to Flugzeugwerke Altenrheim AG (FFA) Models AS 202/15 “BRAVO”, AS 202/18A “BRAVO”, and AS 202/18A4 “BRAVO” airplanes, all serial numbers, certificated in any category.

(d) Subject

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

(e) Reason

This AD was prompted by a report of corrosion found on the upper forward windshield frame angle and the upper forward stringer. We are issuing this AD to detect and correct corrosion on the left-hand (LH) and the right-hand (RH) upper forward fuselage stringers. If not detected and corrected, this condition could lead to failure of the LH and/or the RH upper forward fuselage stringers, which could result in reduced structural integrity of the windshield frame.

(f) Actions and Compliance

Unless already done, do the following actions.

(1) Before further flight after March 17, 2015 (the effective date of this AD) and thereafter at intervals not to exceed 12 months, do a detailed visual inspection of the LH and RH forward (FWD) upper stringer top side structure for corrosion and any signs of damage to the corrosion protection. Do the inspection following the Instructions section in Gomolzig Flugzeug- und Maschinenbau GmbH Service Bulletin GFM SB 2015-1, dated February 5, 2015.

(2) If corrosion or any signs of damage to the corrosion protection is found during any inspection required in paragraph (f)(1) of this AD, before further flight after the inspection where corrosion or signs of damage to the corrosion protection is found, remove the corrosion at the affected area following the Instructions section in Gomolzig Flugzeug- und Maschinenbau GmbH Service Bulletin GFM SB 2015-1, dated February 5, 2015.

(3) If corrosion is found during any inspection required in paragraph (f)(1) of this AD that exceeds the allowable limits specified in paragraph 1.f of the Instructions section in Gomolzig Flugzeug- und Maschinenbau GmbH Service Bulletin GFM SB 2015-1, dated February 5, 2015, before further flight after the inspection where corrosion is found that exceeds the allowable limits, contact Gomolzig Flugzeug- und Maschinenbau GmbH at the address specified in paragraph (i)(3) of this AD for an FAA-approved repair scheme and incorporate the repair.

(4) Within 30 days after doing the initial inspection required in paragraph (f)(1) of this AD, report the results, including findings of no corrosion, to Gomolzig Flugzeug- und Maschinenbau GmbH at the address specified in paragraph (i)(3) of this AD using page 5 of Gomolzig Flugzeug- und Maschinenbau GmbH Service Bulletin GFM SB 2015-1, dated February 5, 2015.

(g) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090; email: [email protected] Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

(2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(3) Reporting Requirements: For any reporting requirement in this AD, a federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120-0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES-200.

(g) Special Flight Permit

In accordance with 14 CFR 39.23, a single flight is allowed to a location where the initial inspection required in paragraph (f)(1) of this AD can be done provided the following limitations are adhered to:

(1) No aerobatic maneuvers.

(2) Normal category maneuvering load factors must not exceed +3.8g/−1.9g.

(h) Related Information

Refer to MCAI European Aviation Safety Agency (EASA) AD No. 2015-0023-E, dated February 18, 2015, for related information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0536.

(i) Material Incorporated by Reference

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

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

(i) Gomolzig Flugzeug- und Maschinenbau GmbH Service Bulletin GFM SB 2015-1, dated February 5, 2015.

(ii) Reserved.

(3) For Gomolzig Flugzeug- und Maschinenbau GmbH service information identified in this AD, contact Gomolzig Flugzeug- und Maschinenbau GmbH, Eisenwerkstraße 9, 58332 Schwelm, telephone: +49 (0) 2336 490 330; fax; +49 (0) 2336 490 339; email: [email protected]; internet: http://www.gomolzig.de/.

(4) You may view this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0536.

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

Issued in Kansas City, Missouri on March 4, 2015. Pat Mullen, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-05788 Filed 3-16-15; 8:45 am] BILLING CODE 4910-13-P
RAILROAD RETIREMENT BOARD 20 CFR Parts 200, 320, and 345 RIN 3220-AB65 Restructuring of the Office of Programs; Elimination of Regional Offices AGENCY:

Railroad Retirement Board.

ACTION:

Final rule.

SUMMARY:

The Railroad Retirement Board (Board) amends its regulations to reflect the restructuring of the Office of Programs and the elimination of the Regional Offices.

DATES:

This rule will be effective March 17, 2015.

ADDRESSES:

Martha P. Rico, Secretary to the Board, Railroad Retirement Board, 844 N. Rush Street, Chicago, Illinois 60611-2092.

FOR FURTHER INFORMATION CONTACT:

Marguerite P. Dadabo, Assistant General Counsel, (312) 751-4945, TTD (312) 751-4701.

SUPPLEMENTARY INFORMATION:

The Railroad Retirement Board has restructured its Office of Assessment and Training in a Board-approved reorganization plan. The Office of Assessment and Training, formerly a single component of the Office of Programs, is now intermingled with other subcomponents of the Office of Programs. Therefore, issues that were formerly under the jurisdiction of the Office of Programs/Assessment and Training are now under the jurisdiction of the Office of Programs/Policy and Systems for purposes of the following regulations.

Additionally, the Railroad Retirement Board underwent a reorganization of its regional offices in an effort to improve efficiency and eliminate duplication. As a result of this reorganization, the Railroad Retirement Board eliminated its Regional Offices in Atlanta, Georgia, Denver, Colorado, and Philadelphia, Pennsylvania. The work done by the Regional Offices is now handled by the Field Services Headquarters staff.

The Board published a proposed rule on February 14, 2012 and requested comments by April 16, 2012 [77 FR 8183]. No comments were received. The final rule is essentially the same as the proposed rule.

The Board, with the concurrence of the Office of Management and Budget, has determined that this is not a significant regulatory action under Executive Order 12866, as amended. Therefore, no regulatory impact analysis is required. There are no changes to the information collections associated with Parts 200, 320 and 345.

List of Subjects in 20 CFR Parts 200, 320, and 345.

Railroad employees, Railroad employers, Railroad retirement, Railroad unemployment.

For the reasons set out in the preamble, the Railroad Retirement Board amends title 20, chapter II, subchapter A, part 200 and subchapter C, parts 320 and 345 of the Code of Federal Regulations as follows:

PART 200—GENERAL ADMINISTRATION 1. The authority citation for part 200 continues to read as follows: Authority:

45 U.S.C. 231f(b)(5) and 45 U.S.C. 362; § 200.4 also issued under 5 U.S.C. 552; § 200.5 also issued under 5 U.S.C. 552a; § 200.6 also issued under 5 U.S.C. 552b; and § 200.7 also issued under 31 U.S.C. 3717.

2. In § 200.1, paragraph (a)(4) is revised to read as follows:
§ 200.1 Designation of central and field organization.

(a) * * *

(4) The headquarters of the Board is in Chicago, Illinois, at 844 North Rush Street. The Board maintains numerous district offices across the country in localities easily accessible to large numbers of railroad workers.

3. In § 200.4, paragraphs (d)(1), (d)(2), and (d)(5) are revised to read as follows:
§ 200.4 Availability of information to the public.

(d) * * *

(1) In the Office of Programs/Operations: The Retirement Claims Manual, RCM Circulars, Special Services Manual, Policy Decisions, Procedural Memoranda containing information on the adjudication of claims not contained in the Retirement Claims Manual or in RCM Circulars, Field Operating Manual (Parts I and VI), FOM Circulars and Memoranda, the Occupational Disability Rating Schedule, Adjudication Instruction Manual, memorandum instructions on adjudication, and circular letters of instruction to railroad officials.

(2) In the Office of Programs/Policy and Systems: The Instructions to Employers, and Circular Letters to Employers.

(5) Field offices shall also make available to the extent practicable such of these materials and indexes as are furnished them in the ordinary course of business.

PART 320—INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS 4. The authority citation for part 320 continues to read as follows: Authority:

45 U.S.C. 355 and 362(l).

5. In § 320.6, paragraph (c) introductory text is revised to read as follows:
§ 320.6 Adjudicating office.

(c) Field Service-Headquarters. Field Service-Headquarters staff are authorized to make determinations on any of the issues listed in paragraph (b) of this section. In addition, Field Service-Headquarters staff are authorized to make initial determinations on the following issues:

6. In § 320.10, paragraph (c) is revised to read as follows:
§ 320.10 Reconsideration of initial determination.

(c) Notice of decision. The adjudicating office shall, as soon as possible, render a decision on the request for reconsideration. If a decision rendered by a district office, as the adjudicating office, sustains the initial determination, either in whole or in part, the decision shall be referred to the appropriate Field Service-Headquarters staff for review prior to issuance. The party who requested reconsideration shall be notified, in writing, of the decision on reconsideration no later than 15 days from the date of the decision or, where the Field Service-Headquarters staff has conducted a review of the decision, within 7 days following the completion of the review. If the decision results in denial of benefits, the claimant shall be notified of the right to appeal as provided in § 320.12 of this part. If the decision results in payment of benefits, the base-year employer(s) shall be notified of the right to appeal as provided in § 320.12 of this part.

PART 345—EMPLOYERS' CONTIBUTIONS AND CONTRIBUTION REPORTS 7. The authority citation for part 345 continues to read as follows: Authority:

45 U.S.C. 362(l).

8. Revise § 345.202 to read as follows:
§ 345.202 Consolidated employer records.

(a) Establishing a consolidated employer record. Two or more employers that are under common ownership or control may request the Board to consolidate their individual employer records into a joint individual employer record. Such joint individual employer record shall be treated as though it were a single employer record. A request for such consolidation shall be made to the Director of Policy and Systems, and such consolidation shall be effective commencing with the calendar year following the year of the request.

(b) Discontinuance of a consolidated employer record. Two or more employers that have established and maintained a consolidated employer record will be permitted to discontinue such consolidated record only if the individual employers agree to an allocation of the consolidated employer record and such allocation is approved by the Director of Policy and Systems. The discontinuance of the consolidated record shall be effective commencing with the calendar year following the year of the Director of Policy and Systems' approval.

9. In § 345.307 paragraphs (a) and (b) are revised to read as follows:
§ 345.307 Rate protest.

(a) Request for reconsideration. An employer may appeal a determination of a contribution rate computed under this part by filing a request for reconsideration with the Director of Policy and Systems within 90 days after the date on which the Board notified the employer of its rate of contribution for the next ensuing calendar year. Within 45 days of the receipt of a request for reconsideration, the Director shall issue a decision on the protest.

(b) Appeal to the Board. An employer aggrieved by the decision of the Director of Policy and Systems under paragraph (a) of this section may appeal to the Board. Such appeal shall be filed with the Secretary to the Board within 30 days after the date on which the Director notified the employer of the decision on reconsideration. The Board may decide such appeal without a hearing or, in its discretion, may refer the matter to a hearings officer pursuant to part 319 of this chapter.

Dated: March 11, 2015. Martha P. Rico, Secretary to the Board, By Authority of the Board.
[FR Doc. 2015-05888 Filed 3-16-15; 8:45 am] BILLING CODE P
DEPARTMENT OF THE TREASURY Office of the Secretary 31 CFR Part 1 RIN 1505-AC37 Privacy Act of 1974; Implementation AGENCY:

Internal Revenue Service, Treasury.

ACTION:

Final rule.

SUMMARY:

In accordance with the Privacy Act of 1974, as amended, the Department of the Treasury (Treasury) gives notice of an amendment to update its Privacy Act regulations to add an exemption from certain provisions of the Privacy Act for a system of records related to the Internal Revenue Service Return Preparer Office.

DATES:

Effective date: March 17, 2015.

FOR FURTHER INFORMATION CONTACT:

David Silverman, Management and Program Analyst, Privacy, Governmental Liaison and Disclosure, 1111 Constitution Ave. NW., Washington, DC 20224. Phone: (202) 317-6452 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

On behalf of the Internal Revenue Service Treasury published a system of records notice at 76 FR 70813, November 15, 2011, establishing a new system of records entitled “Treasury/IRS 37.111—Preparer Tax Identification Number Records.”

Treasury also published a proposed rule at 76 FR 71293, on November 17, 2011, that would amend 31 CFR 1.36(g)(1)(vii).

The proposed rule would exempt the new system of records (Treasury/IRS 37.111) from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2).

The proposed rule requested that the public submit comments to the Internal Revenue Service, Return Preparer Office, and no comments were received. Accordingly, Treasury is hereby giving notice that the system of records entitled “Treasury/IRS 37.111—Preparer Tax Identification Number Records” is exempt from certain provisions of the Privacy Act, pursuant to 5 U.S.C. 552a(k)(2) as set forth in the proposed rule.

This final rule is not a “significant regulatory action” under Executive Order 12866.

Pursuant to the requirements of the Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, it is hereby certified that this rule will not have significant economic impact on a substantial number of small entities. This certification is based on the fact that the final rule affects individuals and not small entities. The term “small entity” is defined to have the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction,” as defined in the RFA.

As authorized by 5 U.S.C. 553(d)(3), Treasury finds that good cause exists for dispensing with the 30-day delay in the effective date of this rule. These regulations exempt certain investigative records maintained by Treasury from notification, access, and amendment of a record. In order to protect the confidentiality of such investigatory records Treasury finds that it is in the public interest to make these regulations effective upon publication. In addition, interested persons have had advance notice of and an opportunity to comment on the proposed rule and no comments were received.

List of Subjects in 31 CFR Part 1

Privacy.

Part 1, Subpart C of title 31 of the Code of Federal Regulations is amended as follows:

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

5 U.S.C. 301 and 31 U.S.C. 321. Subpart A also issued under 5 U.S.C. 552 as amended. Subpart C also issued under 5 U.S.C. 552a.

2. In § 1.36, paragraph (g)(1)(vii) is amended by adding an entry for “IRS 37.111” to the table in numerical order to read as follows:
§ 1.36 Systems exempt in whole or in part from provisions of 5 U.S.C. 552a and this part.

(g) * * *

(1) * * *

(vii) * * *

Number Name of system *         *         *         *         *         *         * IRS 37.111 Preparer Tax Identification Number Records. *         *         *         *         *         *         *
Dated: February 23, 2015. Helen Goff Foster, Deputy Assistant Secretary for Privacy, Transparency, and Records.
[FR Doc. 2015-06021 Filed 3-16-15; 8:45 am] BILLING CODE 4830-01--P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0142] Drawbridge Operation Regulation; Snohomish River and Steamboat Slough, Everett and Marysville, WA AGENCY:

Coast Guard, DHS.

ACTION:

Notice of deviation from drawbridge regulation.

SUMMARY:

The Coast Guard has issued a temporary deviation from the operating schedule that governs the SR 529 Bridges across the Snohomish River, mile 3.6 near Everett, WA, and the SR 529 Bridges across Steamboat Slough, mile 1.1, near Marysville, WA. The deviation is necessary to accommodate the Everett Marathon. The deviation allows the bridges to remain in the closed-to-navigation position during the marathon to allow safe movement of event participants.

DATES:

This deviation is effective from 7:30 a.m. to 11:00 a.m. on April 12, 2015.

ADDRESSES:

The docket for this deviation, [USCG-2015-0142] 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:

The Washington State Department of Transportation (WSDOT) has requested that the SR 529 Bridges, north bound and south bound, across the Snohomish River and Steamboat Slough remain closed to vessel traffic to facilitate safe, uninterrupted roadway passage of participants of the Everett Marathon. The SR 529 Bridges over the Snohomish River at mile 3.6 provides 37 feet of vertical clearance above mean high water elevation while in the closed position. Under normal conditions these bridges operate in accordance with 33 CFR 117.1059(c), which requires advance notification of one-hour when a bridge opening is needed.

The SR 529 Bridges over Steamboat Slough at mile 1.1 provide 10 feet of vertical clearance above mean high water elevation while in the closed position. Under normal conditions these bridges operate in accordance with 33 CFR 117.1059(g), which requires advance notification of four hours when a bridge opening is needed.

The deviation allows the SR 529 Bridges crossing the Snohomish River and Steamboat Slough to remain in the closed-to navigation position, and need not open for maritime traffic, from 7:30 a.m. to 11:00 a.m. on April 12, 2015. The bridges shall operate in accordance to 33 CFR 117.1059 at all other times.

Vessels able to pass through the bridges in the closed-to-navigation position may do so at anytime. The bridges will be required to open, if needed, for vessels engaged in emergency response operations during this closure period. Waterway usage on this part of the Snohomish River and Steamboat Slough includes vessels ranging from commercial tug and barge to small pleasure craft. Mariners will be notified and kept informed of the bridges' operational status via the Coast Guard Notice to Mariners publication and Broadcast Notice to Mariners as appropriate.

In accordance with 33 CFR 117.35(e), the drawbridges must return to their regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35.

Dated: March 3, 2015. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2015-06034 Filed 3-16-15; 8:45 am] BILLING CODE 9110-04-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0108] Drawbridge Operation Regulation; Sloop Channel, Jones Beach, NY AGENCY:

Coast Guard, DHS.

ACTION:

Notice of deviation from drawbridge regulation.

SUMMARY:

The Coast Guard has issued a temporary deviation from the operating schedule that governs the operation of the Wantagh State Parkway Bridge, mile 15.4, across Sloop Channel at Jones Beach, New York. This deviation is necessary to facilitate public safety during a public event, the Jones Beach Park's Air Show. This deviation allows the bridge to remain closed for an hour and a half on each day of the air show to help reduce vehicular traffic delays.

DATES:

This deviation is effective between 4:30 p.m. and 6 p.m. on May 23 and May 24, 2015.

ADDRESSES:

The docket for this deviation, [USCG-2015-0108] 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 Ms. Judy Leung-Yee, Project Officer, First Coast Guard District, telephone (212) 514-4330, [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

The Wantagh State Parkway Bridge across Sloop Channel, mile 15.4, at Jones Beach, New York, has a vertical clearance in the closed position of 16 feet at mean high water and 19.5 feet at mean low water. The existing bridge operating regulations are found at 33 CFR 117.5.

The waterway is transited by seasonal recreational vessels of various sizes.

The bridge owner, New York State Parks, Recreation and Historic Preservation, requested a temporary deviation from the normal operating schedule to facilitate public safety during the annual Jones Beach Park's Air Show over Memorial Day Weekend.

Under this temporary deviation, the Wantagh State Parkway Bridge may remain in the closed position between 4:30 p.m. and 6 p.m. on May 23 and May 24, 2015.

There are no alternate routes for vessel traffic. The vertical clearance under the bridge is 16 feet at mean high water and 19.5 feet at mean low water. The bridge may be opened in the event of an emergency.

The Coast Guard will inform the users of the waterways through our Local and Broadcast Notice to Mariners of the change in operating schedule for the bridges 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 effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35.

Dated: March 3, 2015. C.J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2015-06148 Filed 3-16-15; 8:45 am] BILLING CODE 9110-04-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0127] Drawbridge Operation Regulation; Columbia River, Celilo, OR and Wishram, WA AGENCY:

Coast Guard, DHS.

ACTION:

Notice of temporary deviation from drawbridge regulation.

SUMMARY:

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe Railway Bridge, also known as the Celilo Bridge, across the Columbia River, mile 201.2, at Celilo, OR and Wishram, WA. The deviation is necessary to replace lift span rail joints. This deviation allows the bridge to remain in the closed-to-navigation position during maintenance activities.

DATES:

This deviation is effective without actual notice March 13, 2015 until 3 p.m. For the purposes of enforcement, actual notice will be used from 7 a.m. on March 9, 2015, until 3 p.m. March 13, 2015.

ADDRESSES:

The docket for this deviation, [USCG-2015-0127] 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, Coast Guard Thirteenth 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:

Burlington Northern Santa Fe (BNSF) Railway requested this deviation to facilitate the installation of new rail joints on the lift span. BNSF has scheduled this installation to coincide with the U.S. Army Corps of Engineers lock outages on the Columbia River. The Celilo Bridge crosses the Columbia River at mile 201.2 and provides 18.8 feet of vertical clearance above Columbia River Datum 0.0 while in the closed position. Under normal operations, this bridge opens as required by 33 CFR 117.869. The deviation period is from 7 a.m. to 3 p.m. daily on March 9, 2015 through March 13, 2015. This deviation allows the lift span of the BNSF Railway Bridge across the Columbia River, mile 201.2, to remain in the closed-to-navigation position, and need not open for maritime traffic during the periods listed above. The bridge shall operate in accordance to 33 CFR 117.869 at all other times. Waterway usage on this part of the Columbia River includes vessels ranging from commercial tug and barge to small pleasure craft.

Vessels able to pass through the bridge in the closed positions may do so at anytime. The BNSF Railway Bridge will not be able to open for emergencies, and there is no immediate alternate route for vessels to pass. 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 effective period of this temporary deviation. 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. 2015-05886 Filed 3-13-15; 11:15 am] BILLING CODE 9110-04-P
POSTAL SERVICE 39 CFR Part 111 Clarification of Content Eligibility for Standard Mail Marketing Parcels AGENCY:

Postal ServiceTM.

ACTION:

Final rule.

SUMMARY:

The Postal Service is revising Mailing Standards of the United States Postal Service, Domestic Mail Manual to (DMM®) to reaffirm basic eligibility standards for Standard Mail Marketing Parcels.

DATES:

Effective date: April 16, 2015.

FOR FURTHER INFORMATION CONTACT:

Lizbeth Dobbins at 202-268-3789, John F. Rosato at 202-268-8597, or Suzanne Newman at 202-695-0550.

SUPPLEMENTARY INFORMATION:

I. Proposed Rule

The Postal Service published a proposed rule (80 FR 1872-1873) on January 14, 2015, with a comment period ending February 13, 2015, to recertify the definition of Standard Mail Marketing Parcels, remind customers about the basic eligibility and address format standards, and ensure compliance with the rule that this product line not be used for fulfillment.

Background: Previously the Postal Service published standards for the use of the Marketing Parcel product which limited its use to non-fulfillment activity. We affirmed that definition in Postal Bulletin 22327 (December 29, 2011), and reaffirmed it in Postal Bulletin 22406 (January 8, 2015).

Specifically, Standard Mail Marketing Parcels were designed for mailers to send non-requested items or samples to potential customers. Our intent was to build a low cost prospecting vehicle; therefore, the Postal Service built in factors to minimize handling costs. One factor, the alternative addressing format, was required so that the current resident became the recipient of the mailpiece if the named addressee moved from that address. This avoided extra delivery and forwarding costs. Another factor was the specification of size restrictions, including the requirement that pieces needed to be similar in shape and weight if sent in a single mailing.

Building upon the original intent, and to keep this product a viable and cost-effective promotional vehicle, we are adding stronger language to the DMM on content eligibility and address format for Standard Mail Marketing Parcels. This includes clarification that all Standard Mail Marketing Parcels (regular and nonprofit) must bear an alternate addressing format and cannot be used for “fulfillment purposes” (i.e. the sending of items specifically purchased or requested by the customer of a mailer). The one exception to this rule is if the customer of a mailer elects to receive certain samples in connection with the purchase of an item, those samples may be sent separately from the purchased item as a Standard Mail Marketing Parcel. Moreover, the alternate address format must be on the same line as the addressee's name, or on the address line directly above or below the addressee's name as identified in DMM 602.3.4.

II. Comments and Responses

We received feedback from five commenters, who raised three distinct issues.

(1) Statement: One commenter had no issues with the definition and wondered why it was an issue.

Response: It came to the attention of the Postal Service that this product was being improperly used for fulfillment, since it was so inexpensive.

(2) Statement: Four commenters stated they had no issue with the content eligibility requirement but requested that a “grace” period be established to give them time to adjust their business models.

Response: The Postal Service appreciates that some customers may have misused the product, as designed, and appreciates the challenges of adjusting business models. Therefore the Postal Service will review requests for a “grace period” on a case by case basis.

(3) Statement: Three commenters requested additional time to adjust their existing contract agreements.

Response: As stated above, the Postal Service will review requests for a “grace period” on a case by case basis.

The Postal Service appreciates the forthrightness of the commenters in explaining how they do business using this product. In response to these concerns, the Postal Service has determined that it is appropriate to relax the proposed rule in one respect. Since the samples will not be required to be identical in weight, if a customer elects to receive certain samples in connection with the purchase of an item, those samples may be sent separately from the purchased item as a Standard Mail Marketing Parcel as long as the transactions are linked.

List of Subjects in 39 CFR Part 111

Administrative practice and procedure, Postal Service.

The Postal Service adopts the following changes to Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM), incorporated by reference in the Code of Federal Regulations. See 39 CFR 111.1. Accordingly, for the reasons stated in the preamble, 39 CFR part 111 is amended as follows:

PART 111—[AMENDED] 1. The authority citation for 39 CFR part 111 continues to read as follows: Authority:

5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-1737; 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219, 3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001.

2. Revise the following sections of Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM), as follows: Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM) 200 Commercial Mail 240 Standard Mail 243 Prices and Eligibility 3.0 Basic Eligibility Standards for Standard Mail 3.2 Defining Characteristics 3.2.2 Standard Mail Marketing Parcels [Revise 3.2.2 to read as follows:]

All Standard Mail Marketing parcels (regular and nonprofit) must bear an alternate addressing format and cannot be used for “fulfillment purposes” (i.e. the sending of items specifically purchased or requested by the customer of a mailer). The alternate address format must be on the same line as the addressee's name or on the address line directly above or below the addressee's name.

We will publish an appropriate amendment to 39 CFR part 111 to reflect these changes.

Stanley F. Mires, Attorney, Federal Requirements.
[FR Doc. 2015-05885 Filed 3-16-15; 8:45 am] BILLING CODE 7710-12-P
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2010-0121; A-1-FRL-9915-05-Region 1] Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Low Emission Vehicle Program AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Connecticut. The regulations adopted by Connecticut include the California Low Emission Vehicle (LEV) II light-duty motor vehicle emission standards effective in model year 2008, the California LEV II medium-duty vehicle standards effective in model year 2009, and greenhouse gas emission standards for light-duty motor vehicles and medium-duty vehicles effective with model year 2009. The Connecticut LEV regulation submitted also includes a zero emission vehicle (ZEV) provision, as well as emission control label and environmental performance label requirements. Connecticut has adopted these revisions to reduce emissions of volatile organic compounds (VOC) and nitrogen oxides (NOX) in accordance with the requirements of the Clean Air Act (CAA), as well as to reduce greenhouse gases (carbon dioxide, methane, nitrous oxide, and hydrofluorocarbons). In addition, Connecticut has worked to ensure that their program is identical to California's, as required by the CAA. The intended effect of this action is to approve the Connecticut LEV II program. In addition, EPA is approving the removal of the definition and regulation of “composite motor vehicles” from the Connecticut's SIP-approved vehicle inspection and maintenance program. These actions are being taken in accordance with the CAA.

DATES:

This rule is effective on April 16, 2015.

ADDRESSES:

EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2010-0121. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square-Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

Copies of the documents relevant to this action are also available for public inspection during normal business hours, by appointment at the Bureau of Air Management, Department of Energy and Environmental Protection, State Office Building, 79 Elm Street, Hartford, CT 06106-1630.

FOR FURTHER INFORMATION CONTACT:

Donald O. Cooke, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square-Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, telephone number (617) 918-1668, fax number (617) 918-0668, email [email protected].

SUPPLEMENTARY INFORMATION:

Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA.

Organization of this document. The following outline is provided to aid in locating information in this preamble.

I. Background and Purpose II. Response to Public Comments III. Final Action IV. Statutory and Executive Order Reviews I. Background and Purpose

On January 27, 2014 (79 FR 4308), EPA published a Notice of Proposed Rulemaking (NPR) for the State of Connecticut, “Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Low Emission Vehicle Program.” The NPR proposed approval of Connecticut's Low Emissions Vehicle II (LEV II) program, as adopted by Connecticut on December 4, 2004, and subsequently amended on December 22, 2005 and August 4, 2009. The Connecticut LEV II program is cited as a weight-of-evidence measure in Connecticut's Attainment Demonstration SIP for the 1997 8-hour ozone standard, submitted to EPA on February 1, 2008. The formal LEV II SIP revision was submitted by Connecticut on January 22, 2010.

On December 4, 2004, Connecticut repealed the provisions of section 22a-174-36 of the Regulations of Connecticut State Agencies, rescinding both the California Low Emission Vehicle I program and the National Low Emission Vehicle (NLEV) program. In accordance with section 177 of the Clean Air Act (CAA) and as required by Connecticut Public Act 04-84, Connecticut adopted section 22a-174-36b, the California Low Emission Vehicle II (LEV II) program, including all “zero emission vehicle” program elements, commencing with 2008 model year vehicles.

On December 22, 2005, Connecticut amended section 22a-174-36b of the Regulations of Connecticut State Agencies, making minor technical corrections and clarifications; adopting California LEV II emission standards and related provisions for medium-duty vehicles commencing with the 2009 model year; adopting recently announced revisions concerning LEV II greenhouse gas emission standards and related provisions for passenger cars, light duty trucks and medium-duty passenger vehicles commencing with the 2009 model year in accordance with section 177 of the CAA and Connecticut Public Act 04-84; and providing additional clarification and flexibility with respect to the implementation of the zero emissions vehicle (ZEV) program in Connecticut.

On August 4, 2009, Connecticut adopted a third amendment consisting of revisions to two sections of the air quality regulations concerning motor vehicles. The recall, warranty, ZEV, and ZEV travel provision amendments update the Connecticut LEV program consistent with changes California made to its LEV program.

In addition to the amendments to the Connecticut LEV program, Connecticut's January 22, 2010 SIP revision includes a change in its motor vehicle inspection and maintenance (I/M) program to exempt composite vehicles from I/M program testing.

Other specific requirements of Connecticut's LEV II and motor vehicle I/M programs and the rationale for EPA's proposed action are explained in the NPR and will not be restated here.

II. Response to Public Comments

EPA received comments on the NPR from one anonymous commenter. This commenter supported the effort of Connecticut and other states to follow California's lead in implementing a low emission vehicle program. The commenter went on to identify three specific issues: (1) Market failure with public transportation; (2) cars manufactured before 2008; and (3) monitoring emissions.

The action before EPA is to approve or disapprove Connecticut's request to revise its SIP to include California LEV II light-duty motor vehicle emission standards (effective in model year 2008), the California LEV II medium-duty vehicle standards (effective in model year 2009), and greenhouse gas emission standards for light-duty motor vehicles and medium-duty vehicles (effective with model year 2009). The Connecticut LEV program submitted is identical to California's program, as required by the Clean Air Act, and includes a ZEV provision, as well as emission control label and environmental performance label requirements. Connecticut's SIP revision also includes a minor amendment to the state's motor vehicle inspection and maintenance (I/M) program which exempts composite vehicles from I/M program testing.

The workings of the public transportation system and the development of new light rail transportation systems referenced by the commenter is not germane to the approval of the submitted Connecticut SIP revision.

In addition, motor vehicles manufactured prior to 2008 are not covered by Connecticut's LEV II program. These vehicles were required to be manufactured in accordance with the Federal Tier 1 and Tier 2 Vehicle and Gasoline Sulfur Program, as well as the Northeast National Low Emission Vehicle Program, the programs in place at that time. Pre-2008 motor vehicles registered in Connecticut are also subject to Connecticut's I/M program which is further discussed below.

In the third and final issue, the commenter asks how emissions would be monitored and “how often the rule/law require[s] drivers to go have a reading made.” This issue is not relevant to the approval of Connecticut's LEV II program. The Connecticut LEV II program includes requirements that apply to the manufacturer of motor vehicles, not the drivers of motor vehicles. Connecticut's motor vehicle I/M program does, however, contain requirements for drivers. EPA previously approved Connecticut's I/M program into the SIP on December 5, 2008 (73 FR 74019). This program requires biennial inspections for all subject motor vehicles that are at least four years old. Connecticut's I/M program covers all gasoline and diesel vehicles, light duty trucks, and heavy duty vehicles that are 25 years old and newer and registered in the State. In today's action, EPA is approving a minor amendment to that program. Specifically, composite vehicles are being exempted from I/M program testing. As explained in EPA's NPR, this exemption would exempt only 100 vehicles from Connecticut's I/M program which applies to approximately 1,959,000 vehicles, and will not have significant air quality impacts. Other aspects of Connecticut's I/M program including the periodic inspection requirement remain as approved by EPA on December 5, 2008 (73 FR 74019).

III. Final Action

EPA is approving Connecticut's Low Emission Vehicle Program as a revision to the Connecticut SIP. Specifically, EPA is incorporating into the SIP Regulations of Connecticut State Agencies (RCSA) section 22a-174-36b entitled “Low Emission Vehicles II Program,” effective in the State of Connecticut on August 10, 2009.

EPA is also approving Connecticut's revised Motor Vehicle Inspection and Maintenance Program as a revision to the Connecticut SIP. Specifically, EPA is incorporating into the SIP Regulations of Connecticut State Agencies (RCSA) section 22a-174-27 entitled “Emission standards and on-board diagnostic II test requirements for periodic motor vehicle inspection and maintenance,” effective in the State of Connecticut on August 10, 2009.

IV. Statutory and Executive Order Reviews

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

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

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

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

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

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

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

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

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

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

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

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

Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 18, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

Dated: July 29, 2014. H. Curtis Spalding, Regional Administrator, EPA New England. Editorial note: This document was received for publication by the Office of Federal Register on March 11, 2015.

Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows:

PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority:

42 U.S.C. 7401 et seq.

Subpart H—Connecticut 2. Section 52.370 is amended by redesignating paragraph (c)(98)(i)(A) as (c)(98)(i)(A)(1) and adding paragraphs (c)(98)(i)(A)(2) and (c)(105) to read as follows:
§ 52.370 Identification of plan.

(c) * * *

(98) * * *

(i) * * *

(A) * * *

(2) In revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on January 22, 2010 section 22a-174-27 (e) was repealed by the State of Connecticut effective August 10, 2009. Section 22a-174-27 (e), which was approved in paragraph (c)(98)(i)(A)(1), is removed from the SIP without replacement; see paragraph (c)(105)(i)(B) of this section.

(105) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on January 22, 2010.

(i) Incorporation by reference.

(A) Regulations of Connecticut State Agencies (RCSA) section 22a-174-36b entitled “Low Emission Vehicles II Program,”

(1) Regulations of Connecticut State Agencies (RCSA) section 22a-174-36b entitled “Low Emission Vehicles II Program,” effective December 22, 2005, revisions to the following provisions (including the text that appears in underline): Sections 22a-174-36b (a), (b), (d), (f) through (j), (l), (m), (n), and (o).

(2) Regulations of Connecticut State Agencies (RCSA) section 22a-174-36b entitled “Low Emission Vehicles II Program,” effective August 10, 2009, revisions to the following provisions: Sections 22a-174-36b (c), (e), and (k), as published in the Connecticut Law Journal on September 8, 2009.

(B) Regulations of Connecticut State Agencies (RCSA) section 22a-174-27 entitled “Emission standards and on-board diagnostic II test requirements for periodic motor vehicle inspection and maintenance,” effective August 10, 2009, revisions to Section 22a-174-27 (b), as published in the Connecticut Law Journal on September 8, 2009.

3. In § 52.385, Table 52.385 is amended by revising the second entry for state citation 22a-174-27; adding a new entry for state citation 22a-174-27 after the existing two entries; and adding two new entries for state citation 22a-174-36b in numerical order to read as follows:
§ 52.385 EPA-approved Connecticut regulations. Table 52.385—EPA-Approved Regulations Connecticut State
  • citation
  • Title/Subject Dates Date adopted by State Date approved by EPA Federal Register
  • citation
  • Section 52.370 Comments/Description
    *         *         *         *         *         *         * 22a-174-27 Emission standards and on-board diagnostic II test requirements for periodic motor vehicle inspection and maintenance 8/25/04 12/05/08 74 FR 74019 (c)(98) DEP regulations including emissions standards and OBD2 requirements. Paragraph 52.370(c)(98) was revised March 17, 2015 by redesignating paragraph (c)(98)(i)(A) as (c)(98)(i)(A)(1) and adding paragraph (c)(98)(i)(A)(2) to read as follows: (2) In revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on January 22, 2010 section 22a-174-27 (e) was repealed by the State of Connecticut effective August 10, 2009. Section 22a-174-27 (e), which was approved in paragraph (c)(98)(i)(A)(1), is removed from the SIP without replacement; see paragraph (c)(105)(i)(B) of this section. 22a-174-27 Emission standards and on-board diagnostic II test requirements for periodic motor vehicle inspection and maintenance 8/10/09 3/17/15 [Insert Federal Register citation] (c)(105) This SIP revision includes a change to exempt composite vehicles from tailpipe inspections. Revision to Section 22a-174-27 (b) and removal of Section 22a-174-27 (e). *         *         *         *         *         *         * 22a-174-36b Low Emission Vehicles II Program. 12/22/05 3/17/15 [Insert Federal Register citation] (c)(105) Adoption of Connecticut's Low Emissions Vehicle II (LEV II) Program. Sections 22a-174-36b (a), (b), (d), (f) through (j), (l), (m), and new sections (n) and (o). 22a-174-36b Low Emission Vehicles II Program. 8/10/09 3/17/15 [Insert Federal Register citation] (c)(105) Sections 22a-174-36b (c), (e), and (k). *         *         *         *         *         *         *
    [FR Doc. 2015-05964 Filed 3-16-15; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 141126999-5235-01] RIN 0648-BE69 Pacific Halibut Fisheries; Catch Sharing Plan AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    The Assistant Administrator (AA) for Fisheries, National Oceanic and Atmospheric Administration (NOAA), on behalf of the International Pacific Halibut Commission (IPHC), publishes annual management measures governing the Pacific halibut fishery recommended as regulations by the IPHC and accepted by the Secretary of State. This action is intended to enhance the conservation of Pacific halibut and further the goals and objectives of the Pacific Fishery Management Council (PFMC) and the North Pacific Fishery Management Council (NPFMC).

    DATES:

    The IPHC's 2015 annual management measures are effective March 13, 2015. The 2015 management measures are effective until superseded.

    ADDRESSES:

    Additional requests for information regarding this action may be obtained by contacting the International Pacific Halibut Commission, 2320 W. Commodore Way Suite 300, Seattle, WA 98199-1287; or Sustainable Fisheries Division, NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802, Attn: Ellen Sebastian, Records Officer; or Sustainable Fisheries Division, NMFS West Coast Region, 7600 Sand Point Way NE., Seattle, WA 98115. This final rule also is accessible via the Internet at the Federal eRulemaking portal at http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    For waters off Alaska, Glenn Merrill or Julie Scheurer, 907-586-7228; or, for waters off the U.S. West Coast, Sarah Williams, 206-526-4646.

    SUPPLEMENTARY INFORMATION:

    Background

    The IPHC has recommended regulations which would govern the Pacific halibut fishery in 2015, pursuant to the Convention between Canada and the United States for the Preservation of the Halibut Fishery of the North Pacific Ocean and Bering Sea (Convention), signed at Ottawa, Ontario, on March 2, 1953, as amended by a Protocol Amending the Convention (signed at Washington, DC, on March 29, 1979).

    As provided by the Northern Pacific Halibut Act of 1982 (Halibut Act) at 16 U.S.C. 773b, the Secretary of State, with the concurrence of the Secretary of Commerce, may accept or reject, on behalf of the United States, regulations recommended by the IPHC in accordance with the Convention (Halibut Act, Sections 773-773k). The Secretary of State of the United States, with the concurrence of the Secretary of Commerce, accepted the 2015 IPHC regulations as provided by the Halibut Act at 16 U.S.C. 773-773k.

    The Halibut Act provides the Secretary of Commerce with the authority and general responsibility to carry out the requirements of the Convention and the Halibut Act. The Regional Fishery Management Councils may develop, and the Secretary of Commerce may implement, regulations governing harvesting privileges among U.S. fishermen in U.S. waters that are in addition to, and not in conflict with, approved IPHC regulations. The NPFMC has exercised this authority most notably in developing halibut management programs for three fisheries that harvest halibut in Alaska: the subsistence, sport, and commercial fisheries.

    Subsistence and sport halibut fishery regulations are codified at 50 CFR part 300. Commercial halibut fisheries in Alaska are subject to the Individual Fishing Quota (IFQ) Program and Community Development Quota (CDQ) Program (50 CFR part 679), and the area-specific catch sharing plans.

    The IPHC apportions catch limits for the Pacific halibut fishery among regulatory areas (Figure 1): Area 2A (Oregon, Washington, and California), Area 2B (British Columbia), Area 2C (Southeast Alaska), Area 3A (Central Gulf of Alaska), Area 3B (Western Gulf of Alaska), and Area 4 (subdivided into 5 areas, 4A-4E, in the Bering Sea and Aleutian Islands of Western Alaska).

    The NPFMC implemented a catch sharing plan (CSP) among commercial IFQ and CDQ halibut fisheries in IPHC Areas 4C, 4D and 4E (Area 4, Western Alaska) through rulemaking, and the Secretary of State approved the plan on March 20, 1996 (61 FR 11337). The Area 4 CSP regulations were codified at 50 CFR 300.65, and were amended on March 17, 1998 (63 FR 13000). New annual regulations pertaining to the Area 4 CSP also may be implemented through IPHC action, subject to acceptance by the Secretary of State.

    The NPFMC recommended and NMFS implemented through rulemaking a CSP for guided sport (charter) and commercial IFQ halibut fisheries in IPHC Area 2C and Area 3A on January 13, 2014 (78 FR 75844, December 12, 2013). The Area 2C and 3A CSP regulations are codified at 50 CFR 300.65. The CSP defines an annual process for allocating halibut between the commercial and charter fisheries so that each sector's allocation varies in proportion to halibut abundance; specifies a public process for setting annual management measures; and authorizes limited annual leases of commercial IFQ for use in the charter fishery as guided angler fish (GAF).

    The IPHC held its annual meeting in Vancouver, British Columbia, January 26-30, 2015, and recommended a number of changes to the previous IPHC regulations (79 FR 13906, March 12, 2014). The Secretary of State accepted the annual management measures, including the following changes to the previous IPHC regulations for 2015:

    1. New halibut catch limits in all regulatory areas in Section 11;

    2. New commercial halibut fishery opening and closing dates in Section 8;

    3. New management measures for Area 2C and Area 3A guided sport fisheries in Section 28, and in Figure 3 and Figure 4; and

    4. Addition of California Division of Fish and Wildlife to the list of officers authorized to enforce these regulations in Section 3.

    Pursuant to regulations at 50 CFR 300.62, the 2015 IPHC annual management measures are published in the Federal Register to provide notice of their immediate regulatory effectiveness and to inform persons subject to the regulations of their restrictions and requirements. Because NMFS publishes the regulations applicable to the entire Convention area, these regulations include some provisions relating to and affecting Canadian fishing and fisheries. NMFS could implement more restrictive regulations for the sport fishery for halibut or components of it; therefore, anglers are advised to check the current Federal or IPHC regulations prior to fishing.

    Catch Limits

    The IPHC recommended to the governments of Canada and the United States catch limits for 2015 totaling 29,223,000 lb (13,255 mt). The IPHC recommended area-specific catch limits for 2015 that were higher than 2014 in most of its management areas except Area 3B, where catch limits were reduced, and Areas 4B and 4CDE where catch limits remained at the same level as in 2014. The IPHC is responding to stock challenges with a risk-based precautionary approach and a review of the current harvest policy to ensure the best possible advice. A description of the process the IPHC used to set these catch limits follows.

    As in 2012 and 2013, the 2014 stock assessment was based on an ensemble of models incorporating the uncertainty within each model as well as the uncertainty among models. This approach provides a stronger basis for risk assessment of specific management measures that may be recommended by the IPHC. There were two new additions to this year's ensemble of models: The use of long and short time-series models treating Areas As Fleets (AAF). The two AAF models considered this year assess the halibut population as a coastwide stock, while allowing for region-specific variations in the selectivity and catchability in the treatment of survey and fishery information. The AAF approach is a commonly applied stock assessment method for dealing with populations showing evidence of spatial structure, but without explicitly modeling different recruitment distribution and migration rates among areas. Spatially explicit approaches are currently being developed for future evaluation; however, there is no comprehensive information available on juvenile distribution and movement. For 2014, the stock assessment ensemble included short and long time-series models based on both the coastwide and the AAF approaches. This combination of models included uncertainty in natural mortality rates, environmental effects on recruitment, and uncertainty in other model parameters.

    The assessment indicates that the Pacific halibut stock declined continuously from the late 1990s to around 2010. That trend is estimated to have been a result of decreasing size at age as well as smaller recruitments than those observed through the 1980s and 1990s. In recent years, the estimated female spawning biomass appears to have stabilized near 200 million pounds. Overall, the ensemble models project a stable halibut biomass in the next 3 years at current harvest rates. The AAF models project a slight increase in halibut biomass in the next 3 years at current harvest rates.

    As in 2014, and as part of an ongoing effort to provide Commissioners with greater flexibility when selecting catch limits, in January 2015 IPHC staff provided a decision table that estimates the consequences to stock and fishery status and trends from different levels of harvest. This decision table more fully accommodates uncertainty in the stock status and allowed the Commissioners to weigh the risk and benefits of management choices as they set the annual catch limits. After considering harvest advice for 2015 from its scientific staff, Canadian and U.S. harvesters and processors, and other fishery agencies, the IPHC recommended catch limits for 2015 to the U.S. and Canadian governments (see Table 1 below).

    The IPHC recommended higher catch limits than 2014 for Areas 2A, 2B, and 2C because the stock assessment survey and fishery weight per unit effort (WPUE) estimates indicate a stable and upward trend in exploitable biomass in these areas. The IPHC recommended the higher catch limits in Areas 2A, 2B, and 2C than would result from the application of the IPHC's adopted harvest policy. The IPHC made these catch limit recommendations after considering the low risk of an adverse impact on the halibut stock from the recommended catch limits in Areas 2A, 2B, and 2C, and the favorable survey and fishery trends in these areas.

    The IPHC recommended a more precautionary approach to their catch limit recommendations for Areas 3A and 3B relative to Areas 2A, 2B, and 2C. The IPHC recommended catch limits that were consistent with the IPHCs adopted harvest policy in Areas 3A and 3B. The IPHC noted that the catch limit recommendations in Areas 3A and 3B are precautionary and catch limits greater than the adopted harvest policy were not warranted given downward trends in exploitable biomass and WPUE in these areas. The catch limit in Area 3A increased slightly relative to 2014 due to increased biomass estimates in Area 3A. The catch limit in Area 3B decreased slightly relative to 2014 due to decreased biomass estimates in Area 3B.

    The IPHC recommended a catch limit for Area 4A that was higher than the 2014 limit. The IPHC-recommended catch limit in Area 4A is consistent with the IPHC's adopted harvest policy in this area. The IPHC did not recommend a catch limit amount in Area 4A greater than its adopted harvest policy in this area because the stock trends in this area are uncertain and a more precautionary approach to management is appropriate. Specifically, the survey trends in Area 4A show an increased biomass, but the commercial WPUE decreased in 2014.

    The IPHC recommended a catch limit for Area 4B that was the same as that adopted in 2014. The IPHC recommended a catch limit in Area 4B that is slightly higher than that which would result from application of its adopted harvest policy in Area 4B. The IPHC made this catch limit recommendation after considering the low risk of an adverse impact on the halibut stock from the recommended catch limit in Area 4B, and the after considering the adverse socioeconomic impact that could result from a catch limit that was lower than that provided in 2014.

    Similarly, the IPHC recommended a catch limit for Areas 4CDE that is the same as that adopted in 2014. The IPHC recommended a catch limit in Areas 4CDE that is higher than that which would result from application of its adopted harvest policy in Areas 4CDE. The IPHC made this catch limit recommendation after considering the low risk of an adverse impact on the halibut stock from the recommended catch limit in Areas 4CDE, and the after considering the adverse socioeconomic impact that could result from a catch limit that was lower than that provided in 2014. The IPHC also noted that overall stock trends in Area 4CDE from the fishery survey show an increasing biomass. The IPHC also considered ongoing efforts by the North Pacific groundfish fleet to reduce the amount of halibut mortality from bycatch, particularly in Areas 4CDE, during 2014 and 2015. The IPHC noted that reduced bycatch mortality in 2015 is likely to provide additional harvest opportunities for the commercial fishery in the future. Overall, the IPHC's catch limit recommendations for 2015 are projected to result in a stable or slightly increasing halibut stock in the future.

    Table 1—Percent Change in Catch Limits From 2014 to 2015 by IPHC Regulatory Area Regulatory Area 2015 IPHC Recommended catch limit (lb) 2014 Catch limit
  • (lb)
  • Percent change from 2014
    2A 1 970,000 960,000 1.0 2B 2 7,038,000 6,850,000 2.7 2C 3 4,650,000 4,160,000 11.8 3A 3 10,100,000 9,430,000 7.1 3B 2,650,000 2,840,000 −6.7 4A 1,390,000 850,000 63.5 4B 1,140,000 1,140,000 0 4CDE 1,285,000 1,285,000 0 Coastwide 29,223,000 27,515,000 6.2 1 Area 2A catch limit includes sport, commercial, and tribal catch limits. 2 Area 2B catch limit includes sport and commercial catch limits. 3 Shown is the combined commercial and charter allocation under the Area 2C and Area 3A CSP. This value includes allocations to the charter sector, and an amount for commercial wastage. The commercial catch limits after deducting wastage are 3,679,000 lb in Area 2C and 7,790,000 lb in Area 3A.
    Commercial Halibut Fishery Opening Dates

    The opening date for the tribal commercial fishery in Area 2A and for the commercial halibut fisheries in Areas 2B through 4E is March 14, 2015. The date takes into account a number of factors, including the timing of halibut migration and spawning, marketing for seasonal holidays, and interest in getting product to processing plants before the herring season opens. The closing date for the halibut fisheries is November 7, 2015. This date takes into account the anticipated time required to fully harvest the commercial halibut catch limits while providing adequate time for IPHC staff to review the complete record of 2015 commercial catch data for use in the 2016 stock assessment process.

    In the Area 2A non-treaty directed commercial fishery the IPHC recommended seven 10-hour fishing periods. Each fishing period shall begin at 0800 hours and terminate at 1800 hours local time on June 24, July 8, July 22, August 5, August 19, September 2, and September 16, 2015, unless the IPHC specifies otherwise. These 10-hour openings will occur until the quota is taken and the fishery is closed.

    Area 2A Catch Sharing Plan

    The NMFS West Coast Region published a proposed rule for changes to the Pacific Halibut Catch Sharing Plan for Area 2A off Washington, Oregon, and California on February 3, 2015 (80 FR 5719), with public comments accepted through March 5, 2015. A separate final rule will be published to approve changes to the Area 2A CSP and to implement the portions of the CSP and management measures that are not implemented through the IPHC annual management measures that are published in this final rule. These measures include the sport fishery allocations and management measures for Area 2A. Once published, the final rule implementing the Area 2A CSP will be available on the NOAA Fisheries West Coast Region's Web site at http://www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_halibut_management.html, and under FDMS Docket Number NOAA-NMFS-2014-0159 at www.regulations.gov.

    Catch Sharing Plan for Area 2C and Area 3A

    In 2014, NMFS implemented a CSP for Area 2C and Area 3A. The CSP defines an annual process for allocating halibut between the charter and commercial fisheries in Area 2C and Area 3A, and establishes allocations for each fishery. To allow flexibility for individual commercial and charter fishery participants, the CSP also authorizes annual transfers of commercial halibut IFQ as guided angler fish (GAF) to charter halibut permit holders for harvest in the charter fishery. Under the CSP, the IPHC recommends combined catch limits (CCLs) for the charter and commercial halibut fisheries in Area 2C and Area 3A. Each CCL includes estimates of discard mortality (wastage) for each fishery. The CSP was implemented to achieve the halibut fishery management goals of the NPFMC. More information is provided in the proposed (78 FR 39122, June, 28, 2013) and final (78 FR 75844, December 12, 2013) rules implementing the CSP. Implementing regulations for the CSP are at 50 CFR 300.65. The Area 2C and Area 3A CSP allocation tables are located in Tables 1 through 4 of subpart E of 50 CFR part 300.

    The IPHC recommended a CCL of 4,650,000 lb (2,109.2 mt) for Area 2C. Following the CSP allocations in Tables 1 and 3 of subpart E of 50 CFR part 300, the commercial fishery is allocated 81.7 percent or 3,799,000 lb (1,723.2 mt), and the charter fishery is allocated 18.3 percent or 851,000 lb (386.0 mt) of the CCL (rounded to the nearest 1,000 lb). Wastage in the amount of 120,000 lb (54.4 mt) was deducted from the commercial allocation to obtain the commercial catch limit of 3,679,000 lb (1,668.8 mt). The charter allocation for 2015 is about 90,000 lb (40.8 mt), or 11.8 percent greater than the charter sector allocation of 761,000 lb (345.2 mt) in 2014.

    The IPHC recommended a CCL of 10,100,000 lb (4,581.3 mt) for Area 3A. Following the CSP allocations in Tables 2 and 4 of subpart E of 50 CFR part 300, the commercial fishery is allocated the difference of the CCL and a fixed 1,890,000 lb (857.3 mt) for the charter fishery. The commercial fishery is therefore allocated 8,210,000 lb (3,724.0 mt), and the charter fishery is allocated 1,890,000 lb (857.3 mt). Discard mortality in the amount of 420,000 lb (190.5 mt) was deducted from the commercial allocation to obtain the commercial catch limit of 7,790,000 lb (3,533.5 mt). The charter allocation increased by about 108,000 lb (49.0 mt), or 6.1 percent, from the 2014 allocation of 1,782,000 lb (808.3 mt).

    Charter Halibut Management Measures for Area 2C and Area 3A

    The NPFMC formed the Charter Halibut Management Implementation Committee to provide it with recommendations for annual management measures intended to limit charter harvest to the charter catch limit while minimizing negative economic impacts to the charter fishery participants in times of low halibut abundance. The committee is composed of representatives from the charter fishing industry in Areas 2C and 3A. The committee selected management measures for further analysis from a suite of alternatives that were presented in October 2014. After reviewing an analysis of the effects of the alternative measures on estimated charter removals, the committee recommended its preferred management measures to the NPFMC for 2015. The NPFMC recommended the committee's preferred measures to recommend to the IPHC, and the IPHC took action consistent with the NPFMC's recommendations. The NPFMC has used this process to select and recommend annual management measures to the IPHC since 2012.

    The IPHC recognizes the role of the NPFMC to develop policy and regulations that allocate the Pacific halibut resource among fishermen in and off Alaska, and that NMFS has developed numerous regulations to support the NPFMC's goals of limiting charter harvests over the past several years. The IPHC concluded that additional restrictions were necessary for 2015 to limit the Area 2C and Area 3A charter halibut fisheries to their charter catch limits under the CSP, to achieve the IPHC's overall conservation objective to limit total halibut harvests to established catch limits, and to meet the NPFMC's allocation objectives for these areas. The IPHC determined that limiting charter harvests by implementing the management measures discussed below would meet these objectives.

    Reverse Slot Limit for Halibut Retained on a Charter Vessel Fishing in Area 2C

    Total charter removals in Area 2C exceeded the 2014 charter allocation by about 109,677 lb (49.7 mt) or 14 percent. The method used to forecast harvest for 2015 was changed to better account for trends, and the harvest forecast for 2015 is higher than the preliminary estimate for 2014.

    The preliminary estimate of charter wastage (release mortality) in 2014 represented about 5.5 percent of the directed harvest amount. Therefore, projected charter harvest for 2015 was inflated by 5.5 percent to account for all charter removals in the selection of annual management measures for Area 2C.

    Changes in management measures are required to manage total charter removals, including wastage, in Area 2C within the 2015 allocation. Therefore, the 2015 reverse slot limit is more restrictive to limit charter removals in Area 2C within the allocation under the CSP of 851,000 lb (386.0 mt). This final rule amends the 2014 measures applicable to the charter vessel fishery in Area 2C.

    For 2015, the IPHC recommended a management measure that prohibits a person on board a charter vessel referred to in 50 CFR 300.65 and fishing in Area 2C from taking or possessing any halibut, with head on, that is greater than 42 inches (107 cm) and less than 80 inches (203 cm), as measured in a straight line, passing over the pectoral fin from the tip of the lower jaw with mouth closed, to the extreme end of the middle of the tail. This type of restriction is referred to as a “reverse slot limit.” The 2014 reverse slot limit prohibited retention by charter anglers of halibut that were greater than 44 inches (112 cm) and less than 76 inches (193 cm).

    Management Measures for Charter Vessel Fishing in Area 3A

    Charter removals in Area 3A in 2014 exceeded the charter allocation by 413,374 lb (187.5 mt), or 23 percent, primarily because the halibut that were caught and retained by charter anglers were larger on average than predicted for the size limit. The estimation error for average weight was factored into the analysis of potential management measures for 2015.

    The preliminary estimate of charter wastage in 2014 represented less than 2 percent of the directed harvest amount. The projected charter harvest for 2015 was increased by 2 percent to account for total charter removals in the selection of appropriate annual management measures for Area 3A for 2015.

    This final rule amends the 2014 management measures applicable to the charter halibut fishery in Area 3A. The NPFMC and IPHC considered 2014 information on charter removals and the projections of charter harvest for 2015. Despite the increased allocation for 2015, the NPFMC and IPHC determined that changes to the 2014 Area 3A management measures are necessary to manage total charter removals, including wastage, within the 2015 allocation.

    For 2015, the IPHC recommended the following management measures for Area 3A: (1) A two-fish bag limit with a 29-inch size limit on one of the halibut; (2) A one trip per day limit; (3) a day-of-week closure; and (4) an annual limit. Each of these management measures is described in more detail below. The size and trip limit regulations were in place in 2014, but the day-of-week closure and annual limit measures are new for 2015.

    Size Limit for Halibut Retained on a Charter Vessel in Area 3A

    The 2015 charter halibut fishery in Area 3A will be managed under a two-fish daily bag limit in which one of the retained halibut may be of any size and one of the retained halibut must be 29 inches (74 cm) total length or less. The NPFMC and the IPHC recommended the 2014 daily bag and size limit in Area 3A for 2015 to maintain similar angling opportunities to previous years. This daily bag and size limit will be combined with additional restrictions to limit charter halibut removals to the 2015 allocation.

    Trip Limit for Charter Vessels Harvesting Halibut in Area 3A

    In 2014, charter vessels were limited to one charter halibut fishing trip in which halibut were retained per calendar day in Area 3A. The one-trip per day limit will remain in place in Area 3A for 2015. If no halibut are retained during a charter vessel fishing trip, the vessel may take an additional trip to catch and retain halibut that day. The trip limit applies to vessels only, not to charter halibut permits. A charter operator may use more than one vessel to take more than one charter vessel fishing trip using the same charter halibut permit per day. Trip limits will affect only a small number of charter operators and allows the size of the size-restricted fish in the daily bag limit to be maximized for the entire charter fleet in Area 3A. Without a trip limit, a more restrictive size or bag limit might have been necessary to achieve harvest targets.

    Currently, charter operators in Area 3A are able to conduct a single trip over two calendar days by remaining at sea overnight because, according to the Federal definition at 50 CFR 300.61, a charter vessel fishing trip does not end until clients or halibut are offloaded. This practice allows retention of two daily halibut limits on a single trip. Additionally, the charter operator could start another trip on the same day that the previous trip ended because a complete trip had not occurred on a single calendar day; thereby circumventing the trip limit. The committee and the NPFMC requested that the trip limit annual management measures recommended by the IPHC and implemented in this regulation be reworded to reflect their original intent for this measure. This regulation provides that clarification.

    For purposes of the trip limit in Area 3A in 2015, a charter vessel fishing trip will end when anglers or halibut are offloaded, or at the end of the calendar day, whichever occurs first. Charter operators will still be able to conduct overnight trips and harvest a bag limit of halibut on each calendar day, but they will not be allowed to begin another overnight trip until the day after the trip ended. For example, if an overnight trip started on a Monday and ended on a Tuesday, and charter vessel anglers harvested halibut on Monday and Tuesday, the charter operator would not be able to start another charter vessel fishing trip on that vessel until Wednesday. Alternatively, charter anglers could harvest halibut on the first calendar day of an overnight trip, but not the second, allowing the guide to embark on another overnight trip on the second day. GAF halibut are exempt from the trip limit; therefore, GAF could be used to harvest halibut on a second trip in a day, but only if exclusively GAF halibut were harvested on that trip. For example, if an overnight trip started on a Monday and anglers harvested halibut on Monday, they could harvest GAF on Tuesday, allowing the charter operator to start another charter vessel fishing trip on Tuesday on the same charter vessel and charter vessel anglers to harvest halibut on Tuesday.

    Day-of-Week Closure in Area 3A

    The NPFMC and the IPHC recommended a day-of-week closure for Area 3A in 2015. No retention of halibut by charter vessel anglers will be allowed in Area 3A on Thursdays beginning June 15 through August 31 (i.e., June 18 and 25, July 2, 9, 16, 23, and 30, and August 6 and 13). Retention of only GAF halibut will be allowed on charter vessels on Thursdays during these dates; all other halibut that are caught while fishing on a charter vessel must be released. Thursday was selected as the closure day because it was estimated to have the largest potential effect on reducing charter harvest in Area 3A.

    Annual Limit of Five Fish for Charter Vessels Anglers in Area 3A

    Charter vessel anglers will be limited to harvesting no more than five halibut on charter vessel fishing trips in Area 3A during a calendar year. This limit applies only to halibut caught aboard charter vessels in Area 3A. Halibut harvested while unguided fishing, fishing in other IPHC regulatory areas, or harvested as GAF will not accrue toward the annual limit.

    Final Rule To Change the Definition of Sport Fishing Guide Services in Federal Regulations

    NMFS published a proposed rule on December 3, 2014 (79 FR 71729), to revise Federal regulations for charter halibut fishing in Areas 2C and 3A. The proposed revisions were recommended by the NPFMC under authority of the Northern Pacific Halibut Act of 1982 at 16 U.S.C. 773b. The proposed rule would align Federal regulations with State of Alaska regulations, would clarify the intent of the NPFMC and NMFS for management of charter halibut fisheries in Alaska, and would facilitate enforcement and clarify recordkeeping and reporting requirements for the charter halibut fishery. The proposed rule is available on the NMFS Alaska Region Web site at http://www.alaskafisheries.noaa.gov/prules/79fr71729.pdf.

    Current Federal charter fishing regulations do not apply to a small number of businesses that offer guide-assisted sport fishing services in which guides provide assistance to halibut anglers, likely for compensation, from adjacent vessels or shore. Under current Federal regulations, a person providing assistance to an angler during a fishing trip, and who is not on board the vessel with the anglers, is not providing sport fishing guide services. As a result, persons providing guide-assisted sport fishing services are not required to have charter halibut permits as required by the charter halibut limited access program regulations at 50 CFR 300.67. In addition, anglers receiving assistance during the fishing trip from a guide who is not on board the same vessel are not subject to regulations that limit guided anglers to more restrictive daily bag and size limits that are intended to limit charter removals to allocations specified by the NPFMC's CSP for Area 2C and Area 3A. The proposed rule is primarily intended to clarify that (1) “guide-assisted” sport fishing services for halibut would be managed under Federal charter fishery regulations, and (2) halibut harvested by a guide-assisted angler would accrue toward charter allocations.

    In recommending the proposed revisions to Federal regulations, the NPFMC specified that guide-assisted sport fishing services for halibut are a de facto form of charter fishing and should be managed under charter fishing regulations. A guide who is not on the same vessel with an angler and who provides assistance for compensation to an angler meets the NPFMC's definition of guided fishing. For example, the guide may accompany the anglers from a separate vessel, lead them to the fishing location, and assist in landing and filleting the halibut from a separate vessel. The proposed rule would implement the NPFMC's intent for managing these types of activities by establishing clear and consistent regulations that apply to all businesses providing, and all anglers receiving, sport fishing guide services for halibut fishing.

    Once implemented, this rule will revise several Federal regulations and definitions pertaining to charter fishing for halibut. Some revisions to the IPHC annual management measures are also necessary to facilitate compliance and enforcement. First, NMFS proposed adding an annual management measures to section 28(1) to require all halibut harvested on a charter vessel fishing trip to be retained on board the vessel on which it was caught until the end of a charter vessel fishing trip. This requirement will prevent charter vessel anglers without a guide on board the vessel from transferring their catch to another vessel for processing, and is necessary for enforcement of bag and size limits. Second, NMFS proposed revising the IPHC definition of “charter vessel” at Section 3 to specify that, for Alaska, a charter vessel means a vessel used while providing or receiving sport fishing guide services for halibut. This change does not alter the definition of charter vessel as it applies to other IPHC regulatory areas, while making the definition more consistent with the proposed Federal definition for Alaska. Third, minor technical revisions would be made to maintain consistency with Federal and State of Alaska sport fishing regulations. Fourth, section 25(7) will be revised to clarify that the charter vessel guide shall be held liable for any violations of annual management measures committed by an angler on a charter vessel, whether the guide is on board the vessel with the angler or on a separate vessel. And finally, this rule would implement a Federal regulation requiring carcass-retention that duplicates annual management measures at 28(2)(d) and 28(3)(d). This change is discussed in the next section. The IPHC recommended that these changes be made to the annual management measures.

    Areas 2C and 3A Carcass-Retention

    Current IPHC regulations prohibit the filleting, mutilation, or other disfigurement of sport-caught halibut that would prevent the determination of the size or number of halibut possessed or landed. The IPHC first implemented a carcass-retention requirement in 2011 for Area 2C at section 28(2)(b) requiring that a person on board a charter vessel who possesses filleted halibut must also retain the entire carcass, with head and tail connected as a single piece, on board the vessel until all the fillets are offloaded. This regulation was implemented in Area 2C to facilitate enforcement of maximum size limits and reverse slot limits in that area. The IPHC recommended a carcass-retention requirement in Area 3A in 2014 at section 28(3)(d) to facilitate enforcement of the 29-inch maximum size limit on one of the two fish. In 2015, anglers in Area 3A are required to retain only the carcass of the halibut that is less than the 29-inch maximum size limit if two halibut are retained. If an angler only retained one halibut in a day, the carcass need not be retained.

    The IPHC recommended removing the carcass-retention requirements from the IPHC annual management measures when a carcass-retention requirement is implemented through Federal regulations. NMFS has proposed a carcass-retention requirement through Federal regulation in the sport fishing guide services proposed rule (79 FR 71729, December 3, 2014). This Federal regulation would be effective upon publication of the sport fishing guide services final rule. Because the final rule affecting sport fishing guide services has not yet been published and will not be effective prior to the publication of these annual management measures, the carcass-retention requirements will be retained in these IPHC management measures for 2015, and will be removed next year, if applicable, after the sport fishing guide services final rule has become effective. This will ensure that the carcass-retention requirement is in effect for the 2015 charter fishing season.

    Annual Halibut Management Measures

    The following annual management measures for the 2015 Pacific halibut fishery are those recommended by the IPHC and accepted by the Secretary of State, with the concurrence of the Secretary.

    1. Short Title

    These Regulations may be cited as the Pacific Halibut Fishery Regulations.

    2. Application

    (1) These Regulations apply to persons and vessels fishing for halibut in, or possessing halibut taken from, the maritime area as defined in Section 3.

    (2) Sections 3 to 6 apply generally to all halibut fishing.

    (3) Sections 7 to 20 apply to commercial fishing for halibut.

    (4) Section 21 applies to tagged halibut caught by any vessel.

    (5) Section 22 applies to the United States treaty Indian fishery in Subarea 2A-1.

    (6) Section 23 applies to customary and traditional fishing in Alaska.

    (7) Section 24 applies to Aboriginal groups fishing for food, social and ceremonial purposes in British Columbia.

    (8) Sections 25 to 28 apply to sport fishing for halibut.

    (9) These Regulations do not apply to fishing operations authorized or conducted by the Commission for research purposes.

    3. Definitions

    (1) In these Regulations,

    (a) “authorized officer” means any State, Federal, or Provincial officer authorized to enforce these Regulations including, but not limited to, the National Marine Fisheries Service (NMFS), Canada's Department of Fisheries and Oceans (DFO), Alaska Wildlife Troopers (AWT), United States Coast Guard (USCG), Washington Department of Fish and Wildlife (WDFW), the Oregon State Police (OSP), and California Department of Fish and Wildlife (CDFW);

    (b) “authorized clearance personnel” means an authorized officer of the United States, a representative of the Commission, or a designated fish processor;

    (c) “charter vessel” outside of Alaska waters means a vessel used for hire in sport fishing for halibut, but not including a vessel without a hired operator, and in Alaska waters means a vessel used while providing or receiving sport fishing guide services for halibut;

    (d) “commercial fishing” means fishing, the resulting catch of which is sold or bartered; or is intended to be sold or bartered, other than (i) Sport fishing, (ii) treaty Indian ceremonial and subsistence fishing as referred to in section 22, (iii) customary and traditional fishing as referred to in section 23 and defined by and regulated pursuant to NMFS regulations published at 50 CFR part 300, and (iv) Aboriginal groups fishing in British Columbia as referred to in section 24;

    (e) “Commission” means the International Pacific Halibut Commission;

    (f) “daily bag limit” means the maximum number of halibut a person may take in any calendar day from Convention waters;

    (g) “fishing” means the taking, harvesting, or catching of fish, or any activity that can reasonably be expected to result in the taking, harvesting, or catching of fish, including specifically the deployment of any amount or component part of setline gear anywhere in the maritime area;

    (h) “fishing period limit” means the maximum amount of halibut that may be retained and landed by a vessel during one fishing period;

    (i) “land” or “offload” with respect to halibut, means the removal of halibut from the catching vessel;

    (j) “license” means a halibut fishing license issued by the Commission pursuant to section 4;

    (k) “maritime area”, in respect of the fisheries jurisdiction of a Contracting Party, includes without distinction areas within and seaward of the territorial sea and internal waters of that Party;

    (l) “net weight” of a halibut means the weight of halibut that is without gills and entrails, head-off, washed, and without ice and slime. If a halibut is weighed with the head on or with ice and slime, the required conversion factors for calculating net weight are a 2 percent deduction for ice and slime and a 10 percent deduction for the head;

    (m) “operator”, with respect to any vessel, means the owner and/or the master or other individual on board and in charge of that vessel;

    (n) “overall length” of a vessel means the horizontal distance, rounded to the nearest foot, between the foremost part of the stem and the aftermost part of the stern (excluding bowsprits, rudders, outboard motor brackets, and similar fittings or attachments);

    (o) “person” includes an individual, corporation, firm, or association;

    (p) “regulatory area” means an area referred to in section 6;

    (q) “setline gear” means one or more stationary, buoyed, and anchored lines with hooks attached;

    (r) “sport fishing” means all fishing other than (i) commercial fishing, (ii) treaty Indian ceremonial and subsistence fishing as referred to in section 22, (iii) customary and traditional fishing as referred to in section 23 and defined in and regulated pursuant to NMFS regulations published in 50 CFR part 300, and iv) Aboriginal groups fishing in British Columbia as referred to in section 24;

    (s) “tender” means any vessel that buys or obtains fish directly from a catching vessel and transports it to a port of landing or fish processor;

    (t) “VMS transmitter” means a NMFS-approved vessel monitoring system transmitter that automatically determines a vessel's position and transmits it to a NMFS-approved communications service provider.1

    1 Call NOAA Enforcement Division, Alaska Region, at 907-586-7225 between the hours of 0800 and 1600 local time for a list of NMFS-approved VMS transmitters and communications service providers.

    (2) In these Regulations, all bearings are true and all positions are determined by the most recent charts issued by the United States National Ocean Service or the Canadian Hydrographic Service.

    4. Licensing Vessels for Area 2A

    (1) No person shall fish for halibut from a vessel, nor possess halibut on board a vessel, used either for commercial fishing or as a charter vessel in Area 2A, unless the Commission has issued a license valid for fishing in Area 2A in respect of that vessel.

    (2) A license issued for a vessel operating in Area 2A shall be valid only for operating either as a charter vessel or a commercial vessel, but not both.

    (3) A vessel with a valid Area 2A commercial license cannot be used to sport fish for Pacific halibut in Area 2A.

    (4) A license issued for a vessel operating in the commercial fishery in Area 2A shall be valid for one of the following:

    (a) the directed commercial fishery during the fishing periods specified in paragraph (2) of section 8 and the incidental commercial fishery during the sablefish fishery specified in paragraph (3) of section 8;

    (b) the incidental catch fishery during the sablefish fishery specified in paragraph (3) of section 8; or

    (c) the incidental catch fishery during the salmon troll fishery specified in paragraph (4) of section 8.

    (5) No person may apply for or be issued a license for a vessel operating in the incidental catch fishery during the salmon troll fishery in paragraph (4)(c), if that vessel was previously issued a license for either the directed commercial fishery in paragraph (4)(a) or the incidental catch fishery during the sablefish fishery in paragraph (4)(b).

    (6) A license issued in respect to a vessel referred to in paragraph (1) of this section must be carried on board that vessel at all times and the vessel operator shall permit its inspection by any authorized officer.

    (7) The Commission shall issue a license in respect to a vessel, without fee, from its office in Seattle, Washington, upon receipt of a completed, written, and signed “Application for Vessel License for the Halibut Fishery” form.

    (8) A vessel operating in the directed commercial fishery in Area 2A must have its “Application for Vessel License for the Halibut Fishery” form postmarked no later than 11:59 p.m. on April 30, or on the first weekday in May if April 30 is a Saturday or Sunday.

    (9) A vessel operating in the incidental catch fishery during the sablefish fishery in Area 2A must have its “Application for Vessel License for the Halibut Fishery” form postmarked no later than 11:59 p.m. on March 15, or the next weekday in March if March 15 is a Saturday or Sunday.

    (10) A vessel operating in the incidental catch fishery during the salmon troll fishery in Area 2A must have its “Application for Vessel License for the Halibut Fishery” form postmarked no later than 11:59 p.m. on March 15, or the next weekday in March if March 15 is a Saturday or Sunday.

    (11) Application forms may be obtained from any authorized officer or from the Commission.

    (12) Information on “Application for Vessel License for the Halibut Fishery” form must be accurate.

    (13) The “Application for Vessel License for the Halibut Fishery” form shall be completed and signed by the vessel owner.

    (14) Licenses issued under this section shall be valid only during the year in which they are issued.

    (15) A new license is required for a vessel that is sold, transferred, renamed, or the documentation is changed.

    (16) The license required under this section is in addition to any license, however designated, that is required under the laws of the United States or any of its States.

    (17) The United States may suspend, revoke, or modify any license issued under this section under policies and procedures in Title 15, CFR part 904.

    5. In-Season Actions

    (1) The Commission is authorized to establish or modify regulations during the season after determining that such action:

    (a) Will not result in exceeding the catch limit established preseason for each regulatory area;

    (b) is consistent with the Convention between Canada and the United States of America for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, and applicable domestic law of either Canada or the United States; and

    (c) is consistent, to the maximum extent practicable, with any domestic catch sharing plans or other domestic allocation programs developed by the United States or Canadian governments.

    (2) In-season actions may include, but are not limited to, establishment or modification of the following:

    (a) Closed areas;

    (b) fishing periods;

    (c) fishing period limits;

    (d) gear restrictions;

    (e) recreational bag limits;

    (f) size limits; or

    (g) vessel clearances.

    (3) In-season changes will be effective at the time and date specified by the Commission.

    (4) The Commission will announce in-season actions under this section by providing notice to major halibut processors; Federal, State, United States treaty Indian, and Provincial fishery officials; and the media.

    6. Regulatory Areas

    The following areas shall be regulatory areas (see Figure 1) for the purposes of the Convention:

    (1) Area 2A includes all waters off the states of California, Oregon, and Washington;

    (2) Area 2B includes all waters off British Columbia;

    (3) Area 2C includes all waters off Alaska that are east of a line running 340° true from Cape Spencer Light (58°11′56″ N. latitude, 136°38′26″ W. longitude) and south and east of a line running 205° true from said light;

    (4) Area 3A includes all waters between Area 2C and a line extending from the most northerly point on Cape Aklek (57°41′15″ N. latitude, 155°35′00″ W. longitude) to Cape Ikolik (57°17′17″ N. latitude, 154°47′18″ W. longitude), then along the Kodiak Island coastline to Cape Trinity (56°44′50″ N. latitude, 154°08′44″ W. longitude), then 140° true;

    (5) Area 3B includes all waters between Area 3A and a line extending 150° true from Cape Lutke (54°29′00″ N. latitude, 164°20′00″ W. longitude) and south of 54°49′00″ N. latitude in Isanotski Strait;

    (6) Area 4A includes all waters in the Gulf of Alaska west of Area 3B and in the Bering Sea west of the closed area defined in section 10 that are east of 172°00′00″ W. longitude and south of 56°20′00″ N. latitude;

    (7) Area 4B includes all waters in the Bering Sea and the Gulf of Alaska west of Area 4A and south of 56°20′00″ N. latitude;

    (8) Area 4C includes all waters in the Bering Sea north of Area 4A and north of the closed area defined in section 10 which are east of 171°00′00″ W. longitude, south of 58°00′00″ N. latitude, and west of 168°00′00″ W. longitude;

    (9) Area 4D includes all waters in the Bering Sea north of Areas 4A and 4B, north and west of Area 4C, and west of 168°00′00″ W. longitude; and

    (10) Area 4E includes all waters in the Bering Sea north and east of the closed area defined in section 10, east of 168°00′00″ W. longitude, and south of 65°34′00″ N. latitude.

    7. Fishing in Regulatory Area 4E and 4D

    (1) Section 7 applies only to any person fishing, or vessel that is used to fish for, Area 4E Community Development Quota (CDQ) or Area 4D CDQ halibut, provided that the total annual halibut catch of that person or vessel is landed at a port within Area 4E or 4D.

    (2) A person may retain halibut taken with setline gear in Area 4E CDQ and 4D CDQ fishery that are smaller than the size limit specified in section 13, provided that no person may sell or barter such halibut.

    (3) The manager of a CDQ organization that authorizes persons to harvest halibut in the Area 4E or 4D CDQ fisheries must report to the Commission the total number and weight of undersized halibut taken and retained by such persons pursuant to section 7, paragraph (2). This report, which shall include data and methodology used to collect the data, must be received by the Commission prior to November 1 of the year in which such halibut were harvested.

    8. Fishing Periods

    (1) The fishing periods for each regulatory area apply where the catch limits specified in section 11 have not been taken.

    (2) Each fishing period in the Area 2A directed commercial fishery 2 shall begin at 0800 hours and terminate at 1800 hours local time on June 24, July 8, July 22, August 5, August 19, September 2, and September 16 unless the Commission specifies otherwise.

    2 The directed fishery is restricted to waters that are south of Point Chehalis, Washington (46°53´18″ N. latitude) under regulations promulgated by NMFS and published in the Federal Register.

    (3) Notwithstanding paragraph (7) of section 11, an incidental catch fishery 3 is authorized during the sablefish seasons in Area 2A in accordance with regulations promulgated by NMFS. This fishery will occur between 1200 hours local time on March 14 and 1200 hours local time on November 7.

    3 The incidental fishery during the directed, fixed gear sablefish season is restricted to waters that are north of Point Chehalis, Washington (46°53´18″ N. latitude) under regulations promulgated by NMFS at 50 CFR 300.63. Landing restrictions for halibut retention in the fixed gear sablefish fishery can be found at 50 CFR 660.231.

    (4) Notwithstanding paragraph (2), and paragraph (7) of section 11, an incidental catch fishery is authorized during salmon troll seasons in Area 2A in accordance with regulations promulgated by NMFS. This fishery will occur between 1200 hours local time on March 14 and 1200 hours local time on November 7.

    (5) The fishing period in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E shall begin at 1200 hours local time on March 14 and terminate at 1200 hours local time on November 7, unless the Commission specifies otherwise.

    (6) All commercial fishing for halibut in Areas 2A, 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E shall cease at 1200 hours local time on November 7.

    9. Closed Periods

    (1) No person shall engage in fishing for halibut in any regulatory area other than during the fishing periods set out in section 8 in respect of that area.

    (2) No person shall land or otherwise retain halibut caught outside a fishing period applicable to the regulatory area where the halibut was taken.

    (3) Subject to paragraphs (7), (8), (9), and (10) of section 19, these Regulations do not prohibit fishing for any species of fish other than halibut during the closed periods.

    (4) Notwithstanding paragraph (3), no person shall have halibut in his/her possession while fishing for any other species of fish during the closed periods.

    (5) No vessel shall retrieve any halibut fishing gear during a closed period if the vessel has any halibut on board.

    (6) A vessel that has no halibut on board may retrieve any halibut fishing gear during the closed period after the operator notifies an authorized officer or representative of the Commission prior to that retrieval.

    (7) After retrieval of halibut gear in accordance with paragraph (6), the vessel shall submit to a hold inspection at the discretion of the authorized officer or representative of the Commission.

    (8) No person shall retain any halibut caught on gear retrieved in accordance with paragraph (6).

    (9) No person shall possess halibut on board a vessel in a regulatory area during a closed period unless that vessel is in continuous transit to or within a port in which that halibut may be lawfully sold.

    10. Closed Area

    All waters in the Bering Sea north of 55°00´00″ N. latitude in Isanotski Strait that are enclosed by a line from Cape Sarichef Light (54°36′00″ N. latitude, 164°55′42″ W. longitude) to a point at 56°20′00″ N. latitude, 168°30′00″ W. longitude; thence to a point at 58°21′25″ N. latitude, 163°00′00″ W. longitude; thence to Strogonof Point (56°53′18″ N. latitude, 158°50′37″ W. longitude); and then along the northern coasts of the Alaska Peninsula and Unimak Island to the point of origin at Cape Sarichef Light are closed to halibut fishing and no person shall fish for halibut therein or have halibut in his/her possession while in those waters, except in the course of a continuous transit across those waters. All waters in Isanotski Strait between 55°00′00″ N. latitude and 54°49′00″ N. latitude are closed to halibut fishing.

    11. Catch Limits

    (1) The total allowable catch of halibut to be taken during the halibut fishing periods specified in section 8 shall be limited to the net weights expressed in pounds or metric tons shown in the following table:

    Regulatory area Catch limit—net weight Pounds Metric tons 2A: directed commercial, and incidental commercial catch during salmon troll fishery 193,564 87.8 2A: incidental commercial during sablefish fishery 10,347 4.7 2B 4 7,038,000 3,192.4 2C 5 3,679,000 1,668.8 3A 6 7,790,000 3,533.5 3B 2,650,000 1,202.0 4A 1,390,000 630.5 4B 1,140,000 517.1 4C 596,600 270.6 4D 596,600 270.6 4E 91,800 41.6

    (2) Notwithstanding paragraph (1), regulations pertaining to the division of the Area 2A catch limit between the directed commercial fishery and the incidental catch fishery as described in paragraph (4) of section 8 will be promulgated by NMFS and published in the Federal Register.

    4 Area 2B includes combined commercial and sport catch limits that will be allocated by DFO. See section 27 for sport fishing regulations.

    5 For the commercial fishery in Area 2C, in addition to the catch limit, the estimate of incidental mortality from the commercial fishery is 120,000 pounds. This amount is included in the combined commercial and guided sport sector catch limit set by IPHC and allocated by NMFS by a catch sharing plan.

    6 For the commercial fishery in Area 3A, in addition to the catch limit, the estimate of incidental mortality from the commercial fishery is 420,000 pounds. This amount is included in the combined commercial and guided sport sector catch limit set by IPHC and allocated by NMFS by a catch sharing plan.

    (3) The Commission shall determine and announce to the public the date on which the catch limit for Area 2A will be taken.

    (4) Notwithstanding paragraph (1), the commercial fishing in Area 2B will close only when all Individual Vessel Quotas (IVQs) assigned by DFO are taken, or November 7, whichever is earlier.

    (5) Notwithstanding paragraph (1), Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E will each close only when all Individual Fishing Quotas (IFQ) and all CDQs issued by NMFS have been taken, or November 7, whichever is earlier.

    (6) If the Commission determines that the catch limit specified for Area 2A in paragraph (1) would be exceeded in an unrestricted 10-hour fishing period as specified in paragraph (2) of section 8, the catch limit for that area shall be considered to have been taken unless fishing period limits are implemented.

    (7) When under paragraphs (2), (3), and (6) the Commission has announced a date on which the catch limit for Area 2A will be taken, no person shall fish for halibut in that area after that date for the rest of the year, unless the Commission has announced the reopening of that area for halibut fishing.

    (8) Notwithstanding paragraph (1), the total allowable catch of halibut that may be taken in the Area 4E directed commercial fishery is equal to the combined annual catch limits specified for the Area 4D and Area 4E CDQ fisheries. The annual Area 4D CDQ catch limit will decrease by the equivalent amount of halibut CDQ taken in Area 4E in excess of the annual Area 4E CDQ catch limit.

    (9) Notwithstanding paragraph (1), the total allowable catch of halibut that may be taken in the Area 4D directed commercial fishery is equal to the combined annual catch limits specified for Area 4C and Area 4D. The annual Area 4C catch limit will decrease by the equivalent amount of halibut taken in Area 4D in excess of the annual Area 4D catch limit.

    Area 2B includes combined commercial and sport catch limits that will be allocated by DFO.

    12. Fishing Period Limits

    (1) It shall be unlawful for any vessel to retain more halibut than authorized by that vessel's license in any fishing period for which the Commission has announced a fishing period limit.

    (2) The operator of any vessel that fishes for halibut during a fishing period when fishing period limits are in effect must, upon commencing an offload of halibut to a commercial fish processor, completely offload all halibut on board said vessel to that processor and ensure that all halibut is weighed and reported on State fish tickets.

    (3) The operator of any vessel that fishes for halibut during a fishing period when fishing period limits are in effect must, upon commencing an offload of halibut other than to a commercial fish processor, completely offload all halibut on board said vessel and ensure that all halibut are weighed and reported on State fish tickets.

    (4) The provisions of paragraph (3) are not intended to prevent retail over-the-side sales to individual purchasers so long as all the halibut on board is ultimately offloaded and reported.

    (5) When fishing period limits are in effect, a vessel's maximum retainable catch will be determined by the Commission based on:

    (a) The vessel's overall length in feet and associated length class;

    (b) The average performance of all vessels within that class; and

    (c) The remaining catch limit.

    (6) Length classes are shown in the following table:

    Overall length
  • (in feet)
  • Vessel class
    1-25 A 26-30 B 31-35 C 36-40 D 41-45 E 46-50 F 51-55 G 56+ H

    (7) Fishing period limits in Area 2A apply only to the directed halibut fishery referred to in paragraph (2) of section 8.

    13. Size Limits

    (1) No person shall take or possess any halibut that:

    (a) With the head on, is less than 32 inches (81.3 cm) as measured in a straight line, passing over the pectoral fin from the tip of the lower jaw with the mouth closed, to the extreme end of the middle of the tail, as illustrated in Figure 2; or

    (b) With the head removed, is less than 24 inches (61.0 cm) as measured from the base of the pectoral fin at its most anterior point to the extreme end of the middle of the tail, as illustrated in Figure 2.

    (2) No person on board a vessel fishing for, or tendering, halibut caught in Area 2A shall possess any halibut that has had its head removed.

    14. Careful Release of Halibut

    (1) All halibut that are caught and are not retained shall be immediately released outboard of the roller and returned to the sea with a minimum of injury by:

    (a) Hook straightening;

    (b) Cutting the gangion near the hook; or

    (c) Carefully removing the hook by twisting it from the halibut with a gaff.

    (2) Except that paragraph (1) shall not prohibit the possession of halibut on board a vessel that has been brought aboard to be measured to determine if the minimum size limit of the halibut is met and, if sublegal-sized, is promptly returned to the sea with a minimum of injury.

    15. Vessel Clearance in Area 4

    (1) The operator of any vessel that fishes for halibut in Areas 4A, 4B, 4C, or 4D must obtain a vessel clearance before fishing in any of these areas, and before the landing of any halibut caught in any of these areas, unless specifically exempted in paragraphs (10), (13), (14), (15), or (16).

    (2) An operator obtaining a vessel clearance required by paragraph (1) must obtain the clearance in person from the authorized clearance personnel and sign the IPHC form documenting that a clearance was obtained, except that when the clearance is obtained via VHF radio referred to in paragraphs (5), (8), and (9), the authorized clearance personnel must sign the IPHC form documenting that the clearance was obtained.

    (3) The vessel clearance required under paragraph (1) prior to fishing in Area 4A may be obtained only at Nazan Bay on Atka Island, Dutch Harbor or Akutan, Alaska, from an authorized officer of the United States, a representative of the Commission, or a designated fish processor.

    (4) The vessel clearance required under paragraph (1) prior to fishing in Area 4B may only be obtained at Nazan Bay on Atka Island or Adak, Alaska, from an authorized officer of the United States, a representative of the Commission, or a designated fish processor.

    (5) The vessel clearance required under paragraph (1) prior to fishing in Area 4C or 4D may be obtained only at St. Paul or St. George, Alaska, from an authorized officer of the United States, a representative of the Commission, or a designated fish processor by VHF radio and allowing the person contacted to confirm visually the identity of the vessel.

    (6) The vessel operator shall specify the specific regulatory area in which fishing will take place.

    (7) Before unloading any halibut caught in Area 4A, a vessel operator may obtain the clearance required under paragraph (1) only in Dutch Harbor or Akutan, Alaska, by contacting an authorized officer of the United States, a representative of the Commission, or a designated fish processor.

    (8) Before unloading any halibut caught in Area 4B, a vessel operator may obtain the clearance required under paragraph (1) only in Nazan Bay on Atka Island or Adak, by contacting an authorized officer of the United States, a representative of the Commission, or a designated fish processor by VHF radio or in person.

    (9) Before unloading any halibut caught in Area 4C and 4D, a vessel operator may obtain the clearance required under paragraph (1) only in St. Paul, St. George, Dutch Harbor, or Akutan, Alaska, either in person or by contacting an authorized officer of the United States, a representative of the Commission, or a designated fish processor. The clearances obtained in St. Paul or St. George, Alaska, can be obtained by VHF radio and allowing the person contacted to confirm visually the identity of the vessel.

    (10) Any vessel operator who complies with the requirements in section 18 for possessing halibut on board a vessel that was caught in more than one regulatory area in Area 4 is exempt from the clearance requirements of paragraph (1) of this section, provided that:

    (a) The operator of the vessel obtains a vessel clearance prior to fishing in Area 4 in either Dutch Harbor, Akutan, St. Paul, St. George, Adak, or Nazan Bay on Atka Island by contacting an authorized officer of the United States, a representative of the Commission, or a designated fish processor. The clearance obtained in St. Paul, St. George, Adak, or Nazan Bay on Atka Island can be obtained by VHF radio and allowing the person contacted to confirm visually the identity of the vessel. This clearance will list the areas in which the vessel will fish; and

    (b) before unloading any halibut from Area 4, the vessel operator obtains a vessel clearance from Dutch Harbor, Akutan, St. Paul, St. George, Adak, or Nazan Bay on Atka Island by contacting an authorized officer of the United States, a representative of the Commission, or a designated fish processor. The clearance obtained in St. Paul or St. George can be obtained by VHF radio and allowing the person contacted to confirm visually the identity of the vessel. The clearance obtained in Adak or Nazan Bay on Atka Island can be obtained by VHF radio.

    (11) Vessel clearances shall be obtained between 0600 and 1800 hours, local time.

    (12) No halibut shall be on board the vessel at the time of the clearances required prior to fishing in Area 4.

    (13) Any vessel that is used to fish for halibut only in Area 4A and lands its total annual halibut catch at a port within Area 4A is exempt from the clearance requirements of paragraph (1).

    (14) Any vessel that is used to fish for halibut only in Area 4B and lands its total annual halibut catch at a port within Area 4B is exempt from the clearance requirements of paragraph (1).

    (15) Any vessel that is used to fish for halibut only in Area 4C or 4D or 4E and lands its total annual halibut catch at a port within Area 4C, 4D, 4E, or the closed area defined in section 10, is exempt from the clearance requirements of paragraph (1).

    (16) Any vessel that carries a transmitting VMS transmitter while fishing for halibut in Area 4A, 4B, 4C, or 4D and until all halibut caught in any of these areas is landed, is exempt from the clearance requirements of paragraph (1) of this section, provided that:

    (a) The operator of the vessel complies with NMFS' vessel monitoring system regulations published at 50 CFR 679.28(f)(3), (4) and (5); and

    (b) The operator of the vessel notifies NOAA Fisheries Office for Law Enforcement at 800-304-4846 (select option 1 to speak to an Enforcement Data Clerk) between the hours of 0600 and 0000 (midnight) local time within 72 hours before fishing for halibut in Area 4A, 4B, 4C, or 4D and receives a VMS confirmation number.

    16. Logs

    (1) The operator of any U.S. vessel fishing for halibut that has an overall length of 26 feet (7.9 meters) or greater shall maintain an accurate log of halibut fishing operations. The operator of a vessel fishing in waters in and off Alaska must use one of the following logbooks: the Groundfish/IFQ Daily Fishing Longline and Pot Gear Logbook provided by NMFS; the Alaska hook-and-line logbook provided by Petersburg Vessel Owners Association or Alaska Longline Fisherman's Association; the Alaska Department of Fish and Game (ADF&G) longline-pot logbook; or the logbook provided by IPHC. The operator of a vessel fishing in Area 2A must use either the Washington Department of Fish and Wildlife (WDFW) Voluntary Sablefish Logbook, Oregon Department of Fish and Wildlife (ODFW) Fixed Gear Logbook, or the logbook provided by IPHC.

    (2) The logbook referred to in paragraph (1) must include the following information:

    (a) The name of the vessel and the State (ADF&G, WDFW, ODFW, or California Department of Fish and Game) or Tribal vessel number;

    (b) The date(s) upon which the fishing gear is set or retrieved;

    (c) The latitude and longitude coordinates or a direction and distance from a point of land for each set or day;

    (d) The number of skates deployed or retrieved, and number of skates lost; and

    (e) The total weight or number of halibut retained for each set or day.

    (3) The logbook referred to in paragraph (1) shall be:

    (a) Maintained on board the vessel;

    (b) Updated not later than 24 hours after 0000 (midnight) local time for each day fished and prior to the offloading or sale of halibut taken during that fishing trip;

    (c) Retained for a period of two years by the owner or operator of the vessel;

    (d) Open to inspection by an authorized officer or any authorized representative of the Commission upon demand; and

    (e) Kept on board the vessel when engaged in halibut fishing, during transits to port of landing, and until the offloading of all halibut is completed.

    (4) The log referred to in paragraph (1) does not apply to the incidental halibut fishery during the salmon troll season in Area 2A defined in paragraph (4) of section 8.

    (5) The operator of any Canadian vessel fishing for halibut shall maintain an accurate log recorded in the British Columbia Integrated Groundfish Fishing Log provided by DFO.

    (6) The logbook referred to in paragraph (5) must include the following information:

    (a) The name of the vessel and the DFO vessel registration number;

    (b) The date(s) upon which the fishing gear is set and retrieved;

    (c) The latitude and longitude coordinates for each set;

    (d) The number of skates deployed or retrieved, and number of skates lost; and

    (e) The total weight or number of halibut retained for each set.

    (7) The logbook referred to in paragraph (5) shall be:

    (a) Maintained on board the vessel;

    (b) Retained for a period of two years by the owner or operator of the vessel;

    (c) Open to inspection by an authorized officer or any authorized representative of the Commission upon demand;

    (d) Kept on board the vessel when engaged in halibut fishing, during transits to port of landing, and until the offloading of all halibut is completed;

    (e) Mailed to the DFO (white copy) within seven days of offloading; and

    (f) Mailed to the Commission (yellow copy) within seven days of the final offload if not collected by a Commission employee.

    (8) No person shall make a false entry in a log referred to in this section.

    17. Receipt and Possession of Halibut

    (1) No person shall receive halibut caught in Area 2A from a United States vessel that does not have on board the license required by section 4.

    (2) No person shall possess on board a vessel a halibut other than whole or with gills and entrails removed, except that this paragraph shall not prohibit the possession on board a vessel of:

    (a) Halibut cheeks cut from halibut caught by persons authorized to process the halibut on board in accordance with NMFS regulations published at 50 CFR part 679;

    (b) Fillets from halibut offloaded in accordance with section 17 that are possessed on board the harvesting vessel in the port of landing up to 1800 hours local time on the calendar day following the offload 7 ; and

    7 DFO has more restrictive regulations; therefore, section 17 paragraph (2)(b) does not apply to fish caught in Area 2B or landed in British Columbia.

    (c) Halibut with their heads removed in accordance with section 13.

    (3) No person shall offload halibut from a vessel unless the gills and entrails have been removed prior to offloading 8 .

    8 DFO did not adopt this regulation; therefore, section 17 paragraph (3) does not apply to fish caught in Area 2B.

    (4) It shall be the responsibility of a vessel operator who lands halibut to continuously and completely offload at a single offload site all halibut on board the vessel.

    (5) A registered buyer (as that term is defined in regulations promulgated by NMFS and codified at 50 CFR part 679) who receives halibut harvested in IFQ and CDQ fisheries in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E, directly from the vessel operator that harvested such halibut must weigh all the halibut received and record the following information on Federal catch reports: date of offload; name of vessel; vessel number (State, Tribal or Federal, not IPHC vessel number); scale weight obtained at the time of offloading, including the scale weight (in pounds) of halibut purchased by the registered buyer, the scale weight (in pounds) of halibut offloaded in excess of the IFQ or CDQ, the scale weight of halibut (in pounds) retained for personal use or for future sale, and the scale weight (in pounds) of halibut discarded as unfit for human consumption.

    (6) The first recipient, commercial fish processor, or buyer in the United States who purchases or receives halibut directly from the vessel operator that harvested such halibut must weigh and record all halibut received and record the following information on State fish tickets: the date of offload; vessel number (State, Tribal or Federal, not IPHC vessel number); total weight obtained at the time of offload including the weight (in pounds) of halibut purchased; the weight (in pounds) of halibut offloaded in excess of the IFQ, CDQ, or fishing period limits; the weight of halibut (in pounds) retained for personal use or for future sale; and the weight (in pounds) of halibut discarded as unfit for human consumption.

    (7) The individual completing the State fish tickets for the Area 2A fisheries as referred to in paragraph (6) must additionally record whether the halibut weight is of head-on or head-off fish.

    (8) For halibut landings made in Alaska, the requirements as listed in paragraph (5) and (6) can be met by recording the information in the Interagency Electronic Reporting Systems, eLandings in accordance with NMFS regulation published at 50 CFR part 679.

    (9) The master or operator of a Canadian vessel that was engaged in halibut fishing must weigh and record all halibut on board said vessel at the time offloading commences and record on Provincial fish tickets or Federal catch reports the date; locality; name of vessel; the name(s) of the person(s) from whom the halibut was purchased; and the scale weight obtained at the time of offloading of all halibut on board the vessel including the pounds purchased, pounds in excess of IVQs, pounds retained for personal use, and pounds discarded as unfit for human consumption.

    (10) No person shall make a false entry on a State or Provincial fish ticket or a Federal catch or landing report referred to in paragraphs (5), (6), and (9) of section 17.

    (11) A copy of the fish tickets or catch reports referred to in paragraphs (5), (6), and (9) shall be:

    (a) Retained by the person making them for a period of three years from the date the fish tickets or catch reports are made; and

    (b) open to inspection by an authorized officer or any authorized representative of the Commission.

    (12) No person shall possess any halibut taken or retained in contravention of these Regulations.

    (13) When halibut are landed to other than a commercial fish processor, the records required by paragraph (6) shall be maintained by the operator of the vessel from which that halibut was caught, in compliance with paragraph (11).

    (14) No person shall tag halibut unless the tagging is authorized by IPHC permit or by a Federal or State agency.

    18. Fishing Multiple Regulatory Areas

    (1) Except as provided in this section, no person shall possess at the same time on board a vessel halibut caught in more than one regulatory area.

    (2) Halibut caught in more than one of the Regulatory Areas 2C, 3A, or 3B may be possessed on board a vessel at the same time, provided the operator of the vessel:

    (a) Has a NMFS-certified observer on board when required by NMFS regulations 9 published at 50 CFR 679.7(f)(4); and

    9 Without an observer, a vessel cannot have on board more halibut than the IFQ for the area that is being fished, even if some of the catch occurred earlier in a different area.

    (b) Can identify the regulatory area in which each halibut on board was caught by separating halibut from different areas in the hold, tagging halibut, or by other means.

    (3) Halibut caught in more than one of the Regulatory Areas 4A, 4B, 4C, or 4D may be possessed on board a vessel at the same time, provided the operator of the vessel:

    (a) Has a NMFS-certified observer on board the vessel as required by NMFS regulations published at 50 CFR 679.7(f)(4); or has an operational VMS on board actively transmitting in all regulatory areas fished and does not possess at any time more halibut on board the vessel than the IFQ permit holders on board the vessel have cumulatively available for any single Area 4 regulatory area fished; and

    (b) Can identify the regulatory area in which each halibut on board was caught by separating halibut from different areas in the hold, tagging halibut, or by other means.

    (4) If halibut from Area 4 are on board the vessel, the vessel can have halibut caught in Regulatory Areas 2C, 3A, and 3B on board if in compliance with paragraph (2).

    19. Fishing Gear

    (1) No person shall fish for halibut using any gear other than hook and line gear, except that vessels licensed to catch sablefish in Area 2B using sablefish trap gear as defined in the Condition of Sablefish Licence can retain halibut caught as bycatch under regulations promulgated by the Canadian Department of Fisheries and Oceans.

    (2) No person shall possess halibut taken with any gear other than hook and line gear, except that vessels licensed to catch sablefish in Area 2B using sablefish trap gear as defined by the Condition of Sablefish Licence can retain halibut caught as bycatch under regulations promulgated by the Canadian Department of Fisheries and Oceans.

    (3) No person shall possess halibut while on board a vessel carrying any trawl nets or fishing pots capable of catching halibut, except that in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E, halibut heads, skin, entrails, bones or fins for use as bait may be possessed on board a vessel carrying pots capable of catching halibut, provided that a receipt documenting purchase or transfer of these halibut parts is on board the vessel.

    (4) All setline or skate marker buoys carried on board or used by any United States vessel used for halibut fishing shall be marked with one of the following:

    (a) The vessel's State license number; or

    (b) The vessel's registration number.

    (5) The markings specified in paragraph (4) shall be in characters at least four inches in height and one-half inch in width in a contrasting color visible above the water and shall be maintained in legible condition.

    (6) All setline or skate marker buoys carried on board or used by a Canadian vessel used for halibut fishing shall be:

    (a) Floating and visible on the surface of the water; and

    (b) legibly marked with the identification plate number of the vessel engaged in commercial fishing from which that setline is being operated.

    (7) No person on board a vessel used to fish for any species of fish anywhere in Area 2A during the 72-hour period immediately before the fishing period for the directed commercial fishery shall catch or possess halibut anywhere in those waters during that halibut fishing period unless, prior to the start of the halibut fishing period, the vessel has removed its gear from the water and has either:

    (a) Made a landing and completely offloaded its catch of other fish; or

    (b) Submitted to a hold inspection by an authorized officer.

    (8) No vessel used to fish for any species of fish anywhere in Area 2A during the 72-hour period immediately before the fishing period for the directed commercial fishery may be used to catch or possess halibut anywhere in those waters during that halibut fishing period unless, prior to the start of the halibut fishing period, the vessel has removed its gear from the water and has either:

    (a) Made a landing and completely offloaded its catch of other fish; or

    (b) Submitted to a hold inspection by an authorized officer.

    (9) No person on board a vessel from which setline gear was used to fish for any species of fish anywhere in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E during the 72-hour period immediately before the opening of the halibut fishing season shall catch or possess halibut anywhere in those areas until the vessel has removed all of its setline gear from the water and has either:

    (a) Made a landing and completely offloaded its entire catch of other fish; or

    (b) Submitted to a hold inspection by an authorized officer.

    (10) No vessel from which setline gear was used to fish for any species of fish anywhere in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E during the 72-hour period immediately before the opening of the halibut fishing season may be used to catch or possess halibut anywhere in those areas until the vessel has removed all of its setline gear from the water and has either:

    (a) Made a landing and completely offloaded its entire catch of other fish; or

    (b) Submitted to a hold inspection by an authorized officer.

    (11) Notwithstanding any other provision in these Regulations, a person may retain, possess and dispose of halibut taken with trawl gear only as authorized by Prohibited Species Donation regulations of NMFS.

    20. Supervision of Unloading and Weighing

    The unloading and weighing of halibut may be subject to the supervision of authorized officers to assure the fulfillment of the provisions of these Regulations.

    21. Retention of Tagged Halibut

    (1) Nothing contained in these Regulations prohibits any vessel at any time from retaining and landing a halibut that bears a Commission external tag at the time of capture, if the halibut with the tag still attached is reported at the time of landing and made available for examination by a representative of the Commission or by an authorized officer.

    (2) After examination and removal of the tag by a representative of the Commission or an authorized officer, the halibut:

    (a) May be retained for personal use; or

    (b) May be sold only if the halibut is caught during commercial halibut fishing and complies with the other commercial fishing provisions of these Regulations.

    (3) Externally tagged fish must count against commercial IVQs, CDQs, IFQs, or daily bag or possession limits unless otherwise exempted by State, Provincial, or Federal regulations.

    22. Fishing by United States Treaty Indian Tribes

    (1) Halibut fishing in Subarea 2A-1 by members of United States treaty Indian tribes located in the State of Washington shall be regulated under regulations promulgated by NMFS and published in the Federal Register.

    (2) Subarea 2A-1 includes all waters off the coast of Washington that are north of 46°53´18´´ N. latitude and east of 125°44´00´´ W. longitude, and all inland marine waters of Washington.

    (3) Section 13 (size limits), section 14 (careful release of halibut), section 16 (logs), section 17 (receipt and possession of halibut) and section 19 (fishing gear), except paragraphs (7) and (8) of section 19, apply to commercial fishing for halibut in Subarea 2A-1 by the treaty Indian tribes.

    (4) Regulations in paragraph (3) of this section that apply to State fish tickets apply to Tribal tickets that are authorized by Washington Department of Fish and Wildlife.

    (5) Section 4 (Licensing Vessels for Area 2A) does not apply to commercial fishing for halibut in Subarea 2A-1 by treaty Indian tribes.

    (6) Commercial fishing for halibut in Subarea 2A-1 is permitted with hook and line gear from March 14 through November 7, or until 307,700 pounds (139.6 metric tons) net weight is taken, whichever occurs first.

    (7) Ceremonial and subsistence fishing for halibut in Subarea 2A-1 is permitted with hook and line gear from January 1 through December 31, and is estimated to take 31,800 pounds (14.4 metric tons) net weight.

    23. Customary and Traditional Fishing in Alaska

    (1) Customary and traditional fishing for halibut in Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E shall be governed pursuant to regulations promulgated by NMFS and published in 50 CFR part 300.

    (2) Customary and traditional fishing is authorized from January 1 through December 31.

    24. Aboriginal Groups Fishing for Food, Social and Ceremonial Purposes in British Columbia

    (1) Fishing for halibut for food, social and ceremonial purposes by Aboriginal groups in Regulatory Area 2B shall be governed by the Fisheries Act of Canada and regulations as amended from time to time.

    25. Sport Fishing for Halibut—General

    (1) No person shall engage in sport fishing for halibut using gear other than a single line with no more than two hooks attached; or a spear.

    (2) Any minimum overall size limit promulgated under IPHC or NMFS regulations shall be measured in a straight line passing over the pectoral fin from the tip of the lower jaw with the mouth closed, to the extreme end of the middle of the tail.

    (3) Any halibut brought aboard a vessel and not immediately returned to the sea with a minimum of injury will be included in the daily bag limit of the person catching the halibut.

    (4) No person may possess halibut on a vessel while fishing in a closed area.

    (5) No halibut caught by sport fishing shall be offered for sale, sold, traded, or bartered.

    (6) No halibut caught in sport fishing shall be possessed on board a vessel when other fish or shellfish aboard said vessel are destined for commercial use, sale, trade, or barter.

    (7) The operator of a charter vessel shall be liable for any violations of these Regulations committed by an angler on board said vessel. In Alaska, the charter vessel guide, as defined in 50 CFR 300.61 and referred to in 50 CFR 300.65, 300.66, and 300.67, shall be liable for any violation of these Regulations committed by an angler on board a charter vessel.

    26. Sport Fishing for Halibut—Area 2A

    (1) The total allowable catch of halibut shall be limited to:

    (a) 214,110 pounds (97.1 metric tons) net weight in waters off Washington;

    (b) 187,259 pounds (84.9 metric tons) net weight in waters off Oregon; and

    (c) 25,220 pounds (11.4 metric tons) net weight in waters off California.

    (2) The Commission shall determine and announce closing dates to the public for any area in which the catch limits promulgated by NMFS are estimated to have been taken.

    (3) When the Commission has determined that a subquota under paragraph (8) of this section is estimated to have been taken, and has announced a date on which the season will close, no person shall sport fish for halibut in that area after that date for the rest of the year, unless a reopening of that area for sport halibut fishing is scheduled in accordance with the Catch Sharing Plan for Area 2A, or announced by the Commission.

    (4) In California, Oregon, or Washington, no person shall fillet, mutilate, or otherwise disfigure a halibut in any manner that prevents the determination of minimum size or the number of fish caught, possessed, or landed.

    (5) The possession limit on a vessel for halibut in the waters off the coast of Washington is the same as the daily bag limit. The possession limit on land in Washington for halibut caught in U.S. waters off the coast of Washington is two halibut.

    (6) The possession limit on a vessel for halibut caught in the waters off the coast of Oregon is the same as the daily bag limit. The possession limit for halibut on land in Oregon is three daily bag limits.

    (7) The possession limit on a vessel for halibut caught in the waters off the coast of California is one halibut. The possession limit for halibut on land in California is one halibut.

    (8) [The Area 2A CSP will be published under a separate final rule that, once published, will be available on the NOAA Fisheries West Coast Region's Web site at http://www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_halibut_management.html, and under FDMS Docket Number NOAA-NMFS-2014-0159 at www.regulations.gov.]

    27. Sport Fishing for Halibut—Area 2B

    (1) In all waters off British Columbia:10 11

    10 DFO could implement more restrictive regulations for the sport fishery, therefore anglers are advised to check the current Federal or Provincial regulations prior to fishing.

    11 For regulations on the experimental recreational fishery implemented by DFO check the current Federal or Provincial regulations.

    (a) the sport fishing season will open on February 1 unless more restrictive regulations are in place; 10

    (b) the sport fishing season will close when the sport catch limit allocated by DFO, is taken, or December 31, whichever is earlier; and

    (c) the daily bag limit is two halibut of any size per day per person.

    (2) In British Columbia, no person shall fillet, mutilate, or otherwise disfigure a halibut in any manner that prevents the determination of minimum size or the number of fish caught, possessed, or landed.

    (3) The possession limit for halibut in the waters off the coast of British Columbia is three halibut.10 11

    28. Sport Fishing for Halibut—Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, 4E

    (1) In Convention waters in and off Alaska:12 13

    12 NMFS could implement more restrictive regulations for the sport fishery or components of it, therefore, anglers are advised to check the current Federal or State regulations prior to fishing.

    13 Charter vessels are prohibited from harvesting halibut in Area 2C and 3A during one charter vessel fishing trip under regulations promulgated by NMFS at 50 CFR 300.66.

    (a) The sport fishing season is from February 1 to December 31.

    (b) The daily bag limit is two halibut of any size per day per person unless a more restrictive bag limit applies in Commission regulations or Federal regulations at 50 CFR 300.65.

    (c) No person may possess more than two daily bag limits.

    (d) No person shall possess on board a vessel, including charter vessels and pleasure craft used for fishing, halibut that have been filleted, mutilated, or otherwise disfigured in any manner, except that each halibut may be cut into no more than 2 ventral pieces, 2 dorsal pieces, and 2 cheek pieces, with skin on all pieces.14

    14 For halibut caught and retained as GAF, the charter vessel guide must immediately remove the tips of the upper and lower lobes of the caudal (tail) fin, and if the halibut is filleted, the entire carcass, with head and tail connected as a single piece, must be retained on board the vessel until all fillets are offloaded (50 CFR 300.65(c)(5)(iv)(G)). Additional regulations governing use of GAF are at 50 CFR 300.65.

    (e) Halibut in excess of the possession limit in paragraph (1)(c) of this section may be possessed on a vessel that does not contain sport fishing gear, fishing rods, hand lines, or gaffs.

    (f) All halibut harvested on a charter vessel fishing trip in Area 2C or Area 3A must be retained on board the charter vessel on which the halibut was caught until the end of the charter vessel fishing trip as defined at 50 CFR 300.61.

    (g) Guided angler fish (GAF), as described at 50 CFR 300.65, may be used to allow a charter vessel angler to harvest additional halibut up to the limits in place for unguided anglers, and are exempt from the requirements in paragraphs 2 and 3 of this section.14

    (2) For guided sport fishing (as referred to in 50 CFR 300.65) in Regulatory Area 2C:

    (a) The total catch allocation, including an estimate of incidental mortality (wastage), is 851,000 pounds (386.0 metric tons).

    (b) No person on board a charter vessel (as referred to in 50 CFR 300.65) shall catch and retain more than one halibut per calendar day.

    (c) No person on board a charter vessel (as referred to in 50 CFR 300.65) shall catch and retain any halibut that with head on that is greater than 42 inches (107 cm) and less than 80 inches (203 cm) as measured in a straight line, passing over the pectoral fin from the tip of the lower jaw with mouth closed, to the extreme end of the middle of the tail, as illustrated in Figure 3.

    (d) If the halibut is filleted, the entire carcass, with head and tail connected as a single piece, must be retained on board the vessel until all fillets are offloaded.14

    (3) For guided sport fishing (as referred to in 50 CFR 300.65) in Regulatory Area 3A:

    (a) The total catch allocation, including an estimate of incidental mortality (wastage), is 1,890,000 pounds (857.3 metric tons).

    (b) No person on board a charter vessel (as referred to in 50 CFR 300.65) shall catch and retain more than two halibut per calendar day.

    (c) At least one of the retained halibut must have a head-on length of no more than 29 inches (74 cm) as measured in a straight line, passing over the pectoral fin from the tip of the lower jaw with mouth closed, to the extreme end of the middle of the tail, as illustrated in Figure 4. If a person sport fishing on a charter vessel in Area 3A retains only one halibut in a calendar day, that halibut may be of any length.

    (d) If the size-restricted halibut is filleted, the entire carcass, with head and tail connected as a single piece, must be retained on board the vessel until all fillets are offloaded.14

    (e) A charter vessel on which one or more anglers catch and retain halibut may only make one charter vessel fishing trip per calendar day. A charter vessel fishing trip is defined at 50 CFR 300.61 as the time period between the first deployment of fishing gear into the water by a charter vessel angler (as defined at 50 CFR 300.61) and the offloading of one or more charter vessel anglers or any halibut from that vessel. For purposes of this trip limit, a charter vessel fishing trip ends at 11:59 p.m. (Alaska local time) on the same calendar day that the fishing trip began, or when any anglers or halibut are offloaded, whichever comes first.

    (f) No person on board a charter vessel may catch and retain halibut on Thursdays between June 15 and August 31. Only GAF halibut, if authorized by 50 CFR 300.65, may be retained by charter vessel anglers in Area 3A on Thursdays between these dates.

    (g) Charter vessel anglers may catch and retain no more than five (5) halibut per year on board charter vessels in Area 3A. Halibut that are retained as GAF, retained while on a charter vessel fishing trip in other Commission regulatory areas, or retained while fishing without the services of a guide do not accrue toward the 5-fish annual limit.

    29. Previous Regulations Superseded

    These Regulations shall supersede all previous regulations of the Commission, and these Regulations shall be effective each succeeding year until superseded.

    BILLING CODE 3510-22-P ER17MR15.009 ER17MR15.010 ER17MR15.011 ER17MR15.012 BILLING CODE 3510-22-P Classification IPHC Regulations

    These IPHC annual management measures are a product of an agreement between the United States and Canada and are published in the Federal Register to provide notice of their effectiveness and content. Pursuant to section 4 of the Northern Pacific Halibut Act of 1982, 16 U.S.C. 773c, the Secretary of State, with the concurrence of the Secretary of Commerce, may “accept or reject” but not modify these recommendations of the IPHC.

    The Assistant Administrator for Fisheries finds that the otherwise applicable notice-and-comment and delay-in-effectiveness date provisions of the Administrative Procedure Act (APA), 5 U.S.C. 553(c) and (d), are inapplicable to these IPHC management measures pursuant to 5 U.S.C. 553(a)(1) because this regulation involves a foreign affairs function of the United States. Once accepted, the measures are non-discretionary and the additional time necessary to comply with the notice-and-comment and delay-in-effectiveness requirements of the APA would disrupt coordinated international conservation and management of the halibut fishery pursuant to the Convention. Furthermore, no other law requires prior notice and public comment for this rule. Because prior notice and an opportunity for public comment are not required to be provided for these portions of this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly, no Regulatory Flexibility Analysis is required for this portion of the rule and none has been prepared.

    Authority:

    16 U.S.C. 773 et seq.

    Dated: March 11, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
    [FR Doc. 2015-06041 Filed 3-13-15; 4:15 pm] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 141021887-5172-02] RIN 0648-XD587 Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2015 and 2016 Harvest Specifications for Groundfish Correction

    In rule document 2015-05041 beginning on page 11919 in the issue of Thursday, March 5, 2015, make the following correction(s):

    On page 11921, Table 1 should read:

    Table 1-Final 2015 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial Tac (ITAC), and CDQ Reserve Allocation of Groundfish in the BSAI 1 [Amounts are in metric tons] Species Area 2015 OFL ABC TAC ITAC 2 CDQ 3 Pollock 4 BS 3,330,000 1,637,000 1,310,000 1,179,000 131,000 AI 36,005 29,659 19,000 17,100 1,900 Bogoslof 21,200 15,900 100 100 0 Pacific cod 5 BS 346,000 255,000 240,000 214,320 25,680 AI 23,400 17,600 9,422 8,414 1,008 Sablefish BS 1,575 1,333 1,333 567 183 AI 2,128 1,802 1,802 383 304 Yellowfin sole BSAI 266,400 248,800 149,000 133,057 15,943 Greenland turbot BSAI 3,903 3,172 2,648 2,251 n/a BS n/a 2,448 2,448 2,081 262 AI n/a 724 200 170 0 Arrowtooth flounder BSAI 93,856 80,547 22,000 18,700 2,354 Kamchatka flounder BSAI 10,500 9,000 6,500 5,525 0 Rock sole BSAI 187,600 181,700 69,250 61,840 7,410 Flathead sole 6 BSAI 79,419 66,130 24,250 21,655 2,595 Alaska plaice BSAI 54,000 44,900 18,500 15,725 0 Other flatfish 7 BSAI 17,700 13,250 3,620 3,077 0 Pacific ocean perch BSAI 42,558 34,988 32,021 28,250 n/a BS n/a 8,771 8,021 6,818 0 EAI n/a 8,312 8,000 7,144 856 CAI n/a 7,723 7,000 6,251 749 WAI n/a 10,182 9,000 8,037 963 Northern rockfish BSAI 15,337 12,488 3,250 2,763 0 Rougheye rockfish 8 BSAI 560 453 349 297 0 BS/EAI n/a 149 149 127 0 CAI/WAI n/a 304 200 170 0 Shortraker rockfish BSAI 690 518 250 213 0 Other rockfish 9 BSAI 1,667 1,250 880 748 0 BS n/a 695 325 276 0 AI n/a 555 555 472 0 Atka mackerel BSAI 125,297 106,000 54,500 48,669 5,832 BS/EAI n/a 38,492 27,000 24,111 2,889 CAI n/a 33,108 17,000 15,181 1,819 WAI n/a 34,400 10,500 9,377 1,124 Skates BSAI 49,575 41,658 25,700 21,845 0 Sculpins BSAI 52,365 39,725 4,700 3,995 0 Sharks BSAI 1,363 1,022 125 106 0 Squids BSAI 2,624 1,970 400 340 0 Octopuses BSAI 3,452 2,589 400 340 0 TOTAL  4,769,174 2,848,454 2,000,000 1,789,278 197,038 1 These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these harvest specifications, the Bering Sea (BS) subarea includes the Bogoslof District. 2 Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species, 15 percent of each TAC is put into a reserve. The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the non-CDQ allocation of TAC (see footnotes 3 and 5). 3 For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7 percent of the TAC is reserved for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(B) and (D)). Aleutian Islands Greenland turbot, “other flatfish,” Alaska plaice, Bering Sea Pacific ocean perch, northern rockfish, shortraker rockfish, rougheye rockfish, “other rockfish,” skates, sculpins, sharks, squids, and octopuses are not allocated to the CDQ program. 4 Under § 679.20(a)(5)(i)(A)(1), the annual BS subarea pollock TAC after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (4.0 percent), is further allocated by sector for a pollock directed fishery as follows: Inshore—50 percent; catcher/processor—40 percent; and motherships—10 percent. Under § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,400 mt) is allocated to the Aleut Corporation for a pollock directed fishery. 5 The BS Pacific cod TAC is reduced by 3 percent from the combined BSAI ABC to account for the State of Alaska's (State) guideline harvest level in State waters of the Bering Sea subarea. The AI Pacific cod TAC is reduced by 3 percent from the combined BSAI ABC to account for the State guideline harvest level in State waters of the Aleutian Islands subarea. 6 “Flathead sole” includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder). 7 “Other flatfish” includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder, Kamchatka flounder, and Alaska plaice. 8 “Rougheye rockfish” includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted). 9 “Other rockfish” includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern rockfish, dark rockfish, shortraker rockfish, and rougheye rockfish. Note: Regulatory areas and districts are defined at § 679.2 (BS=Bering Sea subarea, AI=Aleutian Islands subarea, EAI=Eastern Aleutian district, CAI=Central Aleutian district, WAI=Western Aleutian district.)
    [FR Doc. C1-2015-05041 Filed 3-16-15; 8:45 am] BILLING CODE 1505-01-D
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 141021887-5172-02 and 140918791-4999-02] RIN 0648-XD818 Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish Managed Under the Individual Fishing Quota Program AGENCY:

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

    ACTION:

    Temporary rule; opening.

    SUMMARY:

    NMFS is opening directed fishing for sablefish with fixed gear managed under the Individual Fishing Quota (IFQ) Program and the Community Development Quota (CDQ) Program. The season will open 1200 hours, Alaska local time (A.l.t.), March 14, 2015, and will close 1200 hours, A.l.t., November 7, 2015. This period is the same as the 2015 commercial halibut fishery opening dates adopted by the International Pacific Halibut Commission. The IFQ and CDQ halibut season is specified by a separate publication in the Federal Register of annual management measures.

    DATES:

    Effective 1200 hours, A.l.t., March 14, 2015, until 1200 hours, A.l.t., November 7, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Obren Davis, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    Beginning in 1995, fishing for Pacific halibut and sablefish with fixed gear in the IFQ regulatory areas defined in 50 CFR 679.2 has been managed under the IFQ Program. The IFQ Program is a regulatory regime designed to promote the conservation and management of these fisheries and to further the objectives of the Magnuson-Stevens Fishery Conservation and Management Act and the Northern Pacific Halibut Act. Persons holding quota share receive an annual allocation of IFQ. Persons receiving an annual allocation of IFQ are authorized to harvest IFQ species within specified limitations. Further information on the implementation of the IFQ Program, and the rationale supporting it, are contained in the preamble to the final rule implementing the IFQ Program published in the Federal Register, November 9, 1993 (58 FR 59375) and subsequent amendments.

    This announcement is consistent with § 679.23(g)(1), which requires that the directed fishing season for sablefish managed under the IFQ Program be specified by the Administrator, Alaska Region, and announced by publication in the Federal Register. This method of season announcement was selected to facilitate coordination between the sablefish season, chosen by the Administrator, Alaska Region, and the halibut season, adopted by the International Pacific Halibut Commission (IPHC). The directed fishing season for sablefish with fixed gear managed under the IFQ Program will open 1200 hours, A.l.t., March 14, 2015, and will close 1200 hours, A.l.t., November 7, 2015. This period runs concurrently with the IFQ season for Pacific halibut announced by the IPHC. The IFQ halibut season will be specified by a separate publication in the Federal Register of annual management measures pursuant to 50 CFR 300.62.

    Classification

    This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the opening of the sablefish fishery thereby increasing bycatch and regulatory discards between the sablefish fishery and the halibut fishery, and preventing the accomplishment of the management objective for simultaneous opening of these two fisheries. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 11, 2015.

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

    This action is required by § 679.23 and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: March 12, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-06064 Filed 3-12-15; 4:15 pm] BILLING CODE 3510-22-P
    80 51 Tuesday, March 17, 2015 Proposed Rules DEPARTMENT OF AGRICULTURE Office of the Secretary 2 CFR Subtitle B, Chapter IV 5 CFR Chapter LXXIII 7 CFR Subtitle A; Subtitle B, Chapters I through XI, XIV through XVIII, XX, XXV through XXXVIII, XLI, and XLII 9 CFR Chapters I through III 36 CFR Chapter II 48 CFR Chapter 4 Identifying and Reducing Regulatory Burdens AGENCY:

    Office of the Secretary, USDA.

    ACTION:

    Request for Information (RFI).

    SUMMARY:

    In accordance with Executive Order 13563, “Improving Regulation and Regulatory Review,” and Executive Order 13610, “Identifying and Reducing Regulatory Burdens,” the U.S. Department of Agriculture (USDA) continues to review its existing regulations and information collections to evaluate the continued effectiveness in addressing the circumstances for which the regulations were implemented. USDA's Final Plan for Retrospective Analysis, released August 18, 2011, focused on actions needed to minimize the burdens on individuals, businesses, and communities attempting to access programs that promote economic growth, create jobs, and protect the health and safety of the American people. The plan identified initiatives estimated to realize significant savings in terms of money and burden-hours. As part of this ongoing review to maximize the cost-effectiveness of its regulatory programs, USDA invites public comment to assist in analyzing its existing significant regulations to determine whether any should be modified, streamlined, expanded, or repealed. The focus of this review is to identify areas where savings can be achieved through increased use of advanced information technology to transition from paper submissions to electronic submissions; streamlining or redesigning existing information collections to both reduce the reporting burden on the public for participation in and compliance with USDA programs; reducing duplication through increased data sharing and harmonization for programs with similar regulatory requirements; and providing increased regulatory flexibility to achieve desired program outcomes and maximize cost-effectiveness.

    DATES:

    Comments and information are requested on or before May 18, 2015.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this notice. All submissions must refer to “Retrospective Review” to ensure proper delivery.

    Electronic Submission of Comments. Interested persons may submit comments electronically through the Federal eRulemaking Portal: http://www.regulations.gov. USDA strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, and ensures timely receipt by USDA. Commenters should follow the instructions provided on that site to submit comments electronically.

    Submission of Comments by Mail, Hand delivery, or Courier. Paper, disk, or CD-ROM submissions should be submitted to Michael Poe, Office of Budget and Program Analysis, USDA, Jamie L. Whitten Building, Room 101-A, 1400 Independence Ave. SW., Washington, DC 20250.

    FOR FURTHER INFORMATION CONTACT:

    Michael Poe, Telephone Number: (202) 720-3257.

    SUPPLEMENTARY INFORMATION:

    USDA remains committed to minimizing the burdens on individuals businesses, and communities for participation in and compliance with USDA programs that promote economic growth, create jobs, and protect the health and safety of the American people.

    USDA programs are diverse and far reaching, as are the regulations and legislation that implement their delivery. The regulations range from nutrition standards for the school lunch program, natural resources and environmental measures governing national forest usage and soil conservation, emergency producer assistance as a result of natural disasters, to protection of American agriculture from the ravages of plant or animal pestilence. USDA regulations extend from farm to supermarket to ensure the safety, quality, and availability of the Nation's food supply. Regulations also specify how USDA conducts its business, including access to and eligibility for USDA programs. Finally, regulations specify the responsibilities of businesses, individuals, and State and local governments that are necessary to comply with their provisions.

    I. Executive Orders 13563 and 13610

    Executive Order 13563, “Improving Regulation and Regulatory Review,” was issued to ensure that Federal regulations use the best available tools to promote innovation that will reduce costs and burden while allowing public participation and an open exchange of ideas. These principles will enhance and strengthen Federal regulations to allow them to achieve their regulatory objectives, most important among them protecting public health, welfare, safety, and the environment. In consideration of these principles, and as directed by the Executive Order, Federal agencies and departments need to periodically review existing regulations that may be outmoded, ineffective, insufficient, or excessively burdensome and to modify, streamline, expand, or repeal them in accordance with what has been learned.

    In addition, Executive Order 13610, “Identifying and Reducing Regulatory Burdens,” directed Federal agencies to conduct retrospective analyses of existing rules to examine whether they remain justified and whether they should be modified or streamlined in light of changed circumstances, including the availability of new technologies. Executive Order 13610 directs Federal agencies to give priority, consistent with law, to those initiatives that will produce significant quantifiable monetary savings or significant quantifiable reductions in paperwork burdens while protecting public health, welfare, safety, and the environment. For the regulatory requirements imposed on small businesses, it directs Federal agencies to give special consideration to initiatives that would simplify or harmonize the regulatory requirements.

    As part of this retrospective review of regulations, USDA published an RFI on April 20, 2011 (76 FR 22058), and developed a final plan that focused on reducing costs and reporting requirements on the public. However, the overall intention of Executive Order 13563 was not to be a single exercise, but to create a continuing process of scrutiny of regulatory actions. Therefore, USDA is once again seeking public comment on how best to remove unintended regulatory obstacles to participation in and compliance with USDA programs and ways to improve the current regulations to help USDA agencies advance the USDA mission.

    II. Request for Information

    All regulatory actions by all USDA agencies are open for comment. USDA is particularly interested in public comments that speak to areas in which we can reduce costs and reporting burdens on the public, through technological advances or other modernization efforts, and comments on regulatory flexibility.

    USDA's initial retrospective review under Executive Order 13563 identified eight regulations, four of which have been implemented. An additional regulation from the Forest Service on revised National Environmental Policy Act implementing procedures was also identified and implemented. USDA also identified paperwork and burden reduction initiatives under Executive Order 13610. The following table highlights USDA's key accomplishments and on-going activities pursuant to its efforts to reduce regulatory burdens:

    Agency Program or initiative Results Food and Nutrition Service Direct Certification for School Meals In School Year 2013-14, 87 percent of all children in households participating in the Supplemental Nutrition Assistance Program (SNAP) were directly certified for free school meals without a paper application.
  • In addition, more than 14,000 high-poverty schools serving over 6.4 million students now offer free breakfasts and lunches to all of their enrolled students using third-party direct certification information instead of paper applications. The new Community Eligibility Provision was phased-in over a 3-year period, starting in school year 2011-12 in school districts across the country, including Florida, Georgia, Illinois, Kentucky, Maryland, Massachusetts, Michigan, New York, Ohio, Washington, DC, and West Virginia; the provision became available to eligible schools and districts nationwide beginning July 1, 2014.
  • Will reduce the information collection burden by approximately 113,000 hours per year.
  • Forest Service National Environmental Policy Act Implementing Procedures Revised implementing procedures and established new categorical exclusions to expedite landscape restoration activities on National Forests, Grasslands, and Prairies.
  • Final rule published September 12, 2013.
  • Food Safety and Inspection Service Electronic Import Inspection and Certification of Imported Products and Foreign Establishments Will reduce the information collection burden on importers by approximately 10,000 hours.
  • Final rule published September 19, 2014.
  • Food Safety and Inspection Service Electronic Export Application and Certification Fee Expected to reduce the information collection burden hours.
  • Proposed rule published January 23, 2012; Final rulemaking underway.
  • Food Safety and Inspection Service Prior Labeling Approval System: Generic Label Approval Will reduce the information collection burden on industry by approximately 34,971 hours.
  • Final rule published November 7, 2013.
  • Rural Development Rural Business Service Rural Energy for America Program Streamlined grant application process reduced the information collection burden hours by approximately 20 to 50 percent.
  • Final rule published December 29, 2014.
  • Rural Development Rural Business Service Business and Industry Loan Guarantee Programs Will reduce the information collection burden by approximately 2,000 hours.
  • Final rule published September 15, 2014.
  • Rural Development Rural Housing Service Community Facilities Loan and Grants Will save the public approximately $4 million per year. Farm Service Agency and Risk Management Agency Acreage Crop Reporting Streamlining Initiative Coordinating across the two agencies to improve, streamline, and eliminate or minimize duplicate information collection requirements. Farm Service Agency Streamlined Farm Loan Programs Direct Loan Making Eliminated 17,898 responses and 6,271 hours annually for information collection burden, saving $162,607 for the respondents and $647,728 in Federal costs. Agricultural Marketing Service Export Certificate Forms Amending regulations to improve oversight and ensure compliance with regulations. Changes also include removing the requirement for carriers to retain copies of inspection certificates.
  • Rulemaking is underway.
  • Agricultural Marketing Service Inspection of Eggs; Import Request for Shell Eggs The inspection and clearance process will be reduced by approximately 48 hours.
  • Access to the Customs and Border Protection maintained Automated Customs Environment will allow enhanced communication of the status of the clearance process involving the Food and Drug Administration, Food Safety and Inspection Service, Animal and Plant Health Inspection Service, and Agricultural Marketing Service.
  • Rulemaking is underway.
  • Natural Resources Conservation Service Conservation Delivery Streamlining Initiative (CDSI) CDSI Client Gateway (CG) is a secure web application that will enable NRCS clients to perform many functions online and view their data without having to travel to the USDA local service center. A client will be able to request technical assistance, view their conservation plans, apply for Farm Bill conservation program financial assistance, view their contract payments for certified contract items (practices in Farm Bill conservation program contracts) upload and download supporting documentation, and sign their plans, agreements, and contracts. CG will reduce approximately 110,000 hours of travel time for clients going to agency offices and reduce the information collection burden by approximately 40,000 hours. Animal and Plant Health Inspection Service Declaration Forms for Imported Plant and Plant Products In cooperation with other Federal entities, implemented initiatives to reduce the burden on importers and is developing an electronic entry system and solicited public comments on regulatory options.
  • Cost savings to industry estimated at $1.7 million to $5.7 million for the electronic entry system and cost savings to industry estimated at $7.2 million to $24 million for the de minimis exemption approximately and a reduction of approximately 120,000 hours in information collection burden.
  • Rulemaking is underway.
  • Animal and Plant Health Inspection Service Participation in the International Trade Data System Amending regulations to remove any impediments to the full implementation of participation in the International Trade Data System via the Automated Commercial Environment. Animal and Plant Health Inspection Service Certification, Accreditation, Registration, Permits, and Other Licenses Creating a new electronic system to consolidate and streamline agency certification, accreditation, registration permit, and license processes.
  • Expects both savings in cost and information collection burden hours.
  • III. Regulatory Flexibility

    In addition to looking back at current regulations, USDA is also looking forward to how new regulations are implemented and how existing regulations can be improved. Regulatory flexibility includes a variety of regulatory techniques that can help avoid unnecessary costs on regulated entities and avoid negative impacts. Regulatory flexibility techniques could include:

    • Pilot projects, which can be used test regulatory approaches;

    • Safe harbors, which are streamlined modes of regulatory compliance and can serve to reduce compliance costs;

    • Sunset provisions, which terminate a rule after a certain date;

    • Trigger provisions, which specify one or more threshold indicators that the rule is designed to address;

    • Phase-ins, which allow the rule to be phased-in for different groups at different times;

    • Streamlined requirements, which provide exemptions or other streamlined requirements if a particular entity (for example, a small business) may otherwise experience disproportionate burden from a rule;

    • State flexibilities, which provide greater flexibility to States or other regulatory partners, for example, giving them freedom to implement alternative regulatory approaches; and

    • Exceptions, which allow exceptions to part or all of the rule in cases where there is a potential or suspected unintended consequence.

    IV. Questions for Commenters

    In providing comments, the public is encouraged to respond to the below questions:

    • What regulations or reporting requirements that have become outdated and, if so, how can they be modernized to accomplish the regulatory objectives better?

    • Do agencies currently collect information that they do not need or use effectively to achieve regulatory objectives?

    • Which regulations, reporting requirements, or regulatory submission or application processes are unnecessarily complicated or could be streamlined to achieve regulatory objectives in ways that are more efficient?

    • Which regulations, submission and application processes, or reporting requirements have been overtaken by technological developments? Can new technologies be used to modify, streamline, or do away with existing regulatory or reporting requirements?

    • Which regulations provide examples of how regulatory flexibility techniques have worked well? In general, who has benefitted from the regulatory flexibility? What types of regulatory flexibility have worked well?

    • What regulations would be improved through the addition of regulatory flexibility techniques? How would regulatory flexibility lower costs and burden? How would regulatory flexibility improve benefits?

    This is a non-exhaustive list that is meant to assist in the formulation of comments and is not intended to limit the issues that commenters may choose to address. We welcome comments from the public on any of USDA's regulations and ways to improve them to help USDA agencies advance the mission of the Department consistent with the Executive Order. USDA notes that this RFI is issued solely for information and program-planning purposes. While responses to this RFI do not bind USDA to any further actions related to the response, all submissions will be made publicly available on http://www.regulations.gov.

    Thomas J. Vilsack, Secretary of Agriculture.
    [FR Doc. 2015-05742 Filed 3-16-15; 08:45 am] BILLING CODE 3410-90-P
    DEPARTMENT OF ENERGY 10 CFR Part 430 [Docket No. EERE-2011-BT-NOA-0013] Energy Conservation Program: Data Collection and Comparison With Forecasted Unit Sales of Five Lamp Types AGENCY:

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

    ACTION:

    Notice of data availability.

    SUMMARY:

    The U.S. Department of Energy (DOE) is informing the public of its collection of shipment data and creation of spreadsheet models to provide comparisons between actual and benchmark estimate unit sales of five lamp types (i.e., rough service lamps, vibration service lamps, 3-way incandescent lamps, 2,601-3,300 lumen general service incandescent lamps, and shatter-resistant lamps) that are currently exempt from energy conservation standards. As the actual sales do not exceed the forecasted estimate by 100 percent for any lamp type (i.e., the threshold triggering a rulemaking for an energy conservation standard), DOE has determined that no regulatory action is necessary at this time. However, DOE will continue to track sales data for these exempted lamps. Relating to this activity, DOE has prepared, and is making available on its Web site, a spreadsheet showing the comparisons of anticipated versus actual sales, as well as the model used to generate the original sales estimates. The spreadsheet is available online at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/63.

    DATES:

    As of March 17, 2015, DOE has determined that no regulatory action is necessary at this time.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies, EE-2J, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 287-1604. Email: [email protected].

    Mr. Peter Cochran, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-9496. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Background II. Definitions A. Rough Service Lamps B. Vibration Service Lamps C. Three-Way Incandescent Lamps D. 2,601-3,300 Lumen General Service Incandescent Lamps E. Shatter-Resistant Lamps III. Comparison Methodology IV. Comparison Results A. Rough Service Lamps B. Vibration Service Lamps C. Three-Way Incandescent Lamps D. 2,601-3,300 Lumen General Service Incandescent Lamps E. Shatter-Resistant Lamps V. Conclusion I. Background

    The Energy Independence and Security Act of 2007 (EISA 2007; Pub. L. 110-140) was enacted on December 19, 2007. Among the requirements of subtitle B (Lighting Energy Efficiency) of title III of EISA 2007 were provisions directing DOE to collect, analyze, and monitor unit sales of five lamp types (i.e., rough service lamps, vibration service lamps, 3-way incandescent lamps, 2,601-3,300 lumen general service incandescent lamps, and shatter-resistant lamps). In relevant part, section 321(a)(3)(B) of EISA 2007 amended section 325(l) of the Energy Policy and Conservation Act of 1975 (EPCA) by adding paragraph (4)(B), which generally directs DOE, in consultation with the National Electrical Manufacturers Association (NEMA), to: (1) Collect unit sales data for each of the five lamp types for calendar years 1990 through 2006 in order to determine the historical growth rate for each lamp type; and (2) construct a model for each of the five lamp types based on coincident economic indicators that closely match the historical annual growth rates of each lamp type to provide a neutral comparison benchmark estimate of future unit sales. (42 U.S.C. 6295(l)(4)(B)) Section 321(a)(3)(B) of EISA 2007 also amends section 325(l) of EPCA by adding paragraph (4)(C), which, in relevant part, directs DOE to collect unit sales data for calendar years 2010 through 2025, in consultation with NEMA, for each of the five lamp types. DOE must then: (1) Compare the actual lamp sales in that year with the benchmark estimate; (2) determine if the unit sales projection has been exceeded; and (3) issue the findings within 90 days of the end of the analyzed calendar year. (42 U.S.C. 6295(l)(4)(C))

    On December 18, 2008, DOE issued a notice of data availability (NODA) for the Report on Data Collection and Estimated Future Unit Sales of Five Lamp Types (hereafter the “2008 analysis”), which was published in the Federal Register on December 24, 2008. 73 FR 79072. The 2008 analysis presented the 1990 through 2006 shipment data collected in consultation with NEMA, the spreadsheet model DOE constructed for each lamp type, and the benchmark unit sales estimates for 2010 through 2025. On April 4, 2011, DOE published a NODA in the Federal Register announcing the availability of updated spreadsheet models presenting the benchmark estimates from the 2008 analysis and the collected sales data from 2010 for the first annual comparison. 76 FR 18425. Similarly, DOE published NODAs in the Federal Register in the following three years announcing the updated spreadsheet models and sales data for the annual comparisons. 77 FR 16183 (March 20, 2012); 78 FR 15891 (March 13, 2013); 79 FR 15058 (March 18, 2014). This NODA presents the fifth annual comparison; specifically, section IV of this report compares the actual unit sales against benchmark unit sales estimates for 2014.1

    1 The notices and related documents for the 2008 analysis and successive annual comparisons, including this NODA, are available through the DOE Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/63.

    EISA 2007 also amends section 325(l) of EPCA by adding paragraphs (4)(D) through (4)(H), which state that if DOE finds that the unit sales for a given lamp type in any year between 2010 and 2025 exceed the benchmark estimate of unit sales by at least 100 percent (i.e., more than double the anticipated sales), then DOE must take regulatory action to establish an energy conservation standard for such lamps. (42 U.S.C. 6295(l)(4)(D) through (H)) For 2,601-3,300 lumen general service incandescent lamps, DOE must adopt a statutorily prescribed energy conservation standard. For the other four types of lamps, the statute requires DOE to initiate an accelerated rulemaking to establish energy conservation standards. If the Secretary does not complete the accelerated rulemakings within one year of the end of the previous calendar year, there is a “backstop requirement” for each lamp type, which would establish energy conservation standard levels and related requirements by statute. Id.

    As in the 2008 analysis and previous comparisons, DOE uses manufacturer shipments as a surrogate for unit sales in this NODA because manufacturer shipment data are tracked and aggregated by the trade organization, NEMA. DOE believes that annual shipments track closely with actual unit sales of these five lamp types, as DOE presumes that retailer inventories remain constant from year to year. DOE believes this is a reasonable assumption because the markets for these five lamp types have existed for many years, thereby enabling manufacturers and retailers to establish appropriate inventory levels that reflect market demand. In addition, increasing unit sales must eventually result in increasing manufacturer shipments. This is the same methodology presented in DOE's 2008 analysis and subsequent annual comparisons, and the Department did not receive any comments challenging this assumption or the general approach.

    II. Definitions A. Rough Service Lamps

    Section 321(a)(1)(B) of EISA 2007 amended section 321(30) of EPCA by adding the definition of a “rough service lamp.” The statutory definition reads as follows: “The term `rough service lamp' means a lamp that—(i) has a minimum of 5 supports with filament configurations that are C-7A, C-11, C-17, and C-22 as listed in Figure 6-12 of the 9th edition of the IESNA [Illuminating Engineering Society of North America] Lighting handbook, or similar configurations where lead wires are not counted as supports; and (ii) is designated and marketed specifically for `rough service' applications, with—(I) the designation appearing on the lamp packaging; and (II) marketing materials that identify the lamp as being for rough service.” (42 U.S.C. 6291(30)(X))

    As noted above, rough service incandescent lamps must have a minimum of five filament support wires (not counting the two connecting leads at the beginning and end of the filament), and must be designated and marketed for “rough service” applications. This type of incandescent lamp is typically used in applications where the lamp would be subject to mechanical shock or vibration while it is operating. Standard incandescent lamps have only two support wires (which also serve as conductors), one at each end of the filament coil. When operating (i.e., when the tungsten filament is glowing so hot that it emits light), a standard incandescent lamp's filament is brittle, and rough service applications could cause it to break prematurely. To address this problem, lamp manufacturers developed lamp designs that incorporate additional support wires along the length of the filament to ensure that it has support not just at each end, but at several other points as well. The additional support protects the filament during operation and enables longer operating life for incandescent lamps in rough service applications. Typical applications for these rough service lamps might include commercial hallways and stairwells, gyms, storage areas, and security areas.

    B. Vibration Service Lamps

    Section 321(a)(1)(B) of EISA 2007 amended section 321(30) of EPCA by adding the definition of a “vibration service lamp.” The statutory definition reads as follows: “The term `vibration service lamp' means a lamp that—(i) has filament configurations that are C-5, C-7A, or C-9, as listed in Figure 6-12 of the 9th Edition of the IESNA Lighting Handbook or similar configurations; (ii) has a maximum wattage of 60 watts; (iii) is sold at retail in packages of 2 lamps or less; and (iv) is designated and marketed specifically for vibration service or vibration-resistant applications, with—(I) the designation appearing on the lamp packaging; and (II) marketing materials that identify the lamp as being vibration service only.” (42 U.S.C. 6291(30)(AA))

    The statute mentions three examples of filament configurations for vibration service lamps in Figure 6-12 of the IESNA Lighting Handbook, one of which (i.e., C-7A) is also listed in the statutory definition of “rough service lamp.” The definition of “vibration service lamp” requires that such lamps have a maximum wattage of 60 watts and be sold at a retail level in packages of two lamps or fewer. Similar to rough service lamps, vibration service lamps must be designated and marketed for vibration service or vibration-resistant applications. As the name suggests, this type of incandescent lamp is generally used in applications where the incandescent lamp would be subject to a continuous low level of vibration, such as in a ceiling fan light kit. In such applications, standard incandescent lamps without additional filament support wires may not achieve the full rated life, because the filament wire is brittle and would be subject to breakage at typical operating temperature. To address this problem, lamp manufacturers typically use a more malleable tungsten filament to avoid damage and short circuits between coils.

    C. Three-Way Incandescent Lamps

    Section 321(a)(1)(B) of EISA 2007 amended section 321(30) of EPCA by adding the definition of a “3-way incandescent lamp.” The statutory definition reads as follows: “The term `3-way incandescent lamp' includes an incandescent lamp that—(i) employs 2 filaments, operated separately and in combination, to provide 3 light levels; and (ii) is designated on the lamp packaging and marketing materials as being a 3-way incandescent lamp.” (42 U.S.C. 6291(30)(Y))

    Three-way lamps are commonly found in wattage combinations such as 50, 100, and 150 watts or 30, 70, and 100 watts. These lamps use two filaments (e.g., a 30-watt and a 70-watt filament) and can be operated separately or together to produce three different lumen outputs (e.g., 305 lumens with one filament, 995 lumens with the other, or 1,300 lumens using the filaments together). When used in three-way sockets, these lamps allow users to control the light level. Three-way incandescent lamps are typically used in residential multi-purpose areas, where consumers may adjust the light level to be appropriate for the task they are performing.

    D. 2,601—3,300 Lumen General Service Incandescent Lamps

    The statute does not provide a definition of “2,601-3,300 Lumen General Service Incandescent Lamps”; however, DOE is interpreting this term to be a general service incandescent lamp 2 that emits light between 2,601 and 3,300 lumens. Lamps on the market that emit light within this lumen range are immediately recognizable because, as required by the Energy Policy Act of 1992, Public Law 102-486, all general service incandescent lamps must be labeled with lamp lumen output.3 These lamps are used in general service applications when high light output is needed.

    2 “The term `general service incandescent lamp' means a standard incandescent or halogen type lamp that—(I) is intended for general service applications; (II) has a medium screw base; (III) has a lumen range of not less than 310 lumens and not more than 2,600 lumens or, in the case of a modified spectrum lamp, not less than 232 lumens and not more than 1,950 lumens; and (IV) is capable of being operated at a voltage range at least partially within 110 and 130 volts.” (42 U.S.C. 6291(30)(D)(i)).

    3 The Federal Trade Commission issued the lamp labeling requirements in 1994 (see 59 FR 25176 (May 13, 1994)). Further amendments were made to the lamp labeling requirements in 2007 (see 16 CFR 305.15(b); 72 FR 49948, 49971-72 (August 29, 2007)). The package must display the lamp's light output (in lumens), energy use (in watts), and lamp life (in hours).

    E. Shatter-Resistant Lamps

    Section 321(a)(1)(B) of EISA 2007 amended section 321(30) of EPCA by adding the definition of a “shatter-resistant lamp, shatter-proof lamp, or shatter-protected lamp.” The statutory definition reads as follows: “The terms `shatter-resistant lamp,' `shatter-proof lamp,' and `shatter-protected lamp' mean a lamp that—(i) has a coating or equivalent technology that is compliant with [National Sanitation Foundation/American National Standards Institute] NSF/ANSI 51 and is designed to contain the glass if the glass envelope of the lamp is broken; and (ii) is designated and marketed for the intended application, with—(I) the designation on the lamp packaging; and (II) marketing materials that identify the lamp as being shatter-resistant, shatter-proof, or shatter-protected.” (42 U.S.C. 6291(30)(Z)) Although the definition provides three names commonly used to refer to these lamps, DOE simply refers to them collectively as “shatter-resistant lamps.”

    Shatter-resistant lamps incorporate a special coating designed to prevent glass shards from being dispersed if a lamp's glass envelope breaks. Shatter-resistant lamps incorporate a coating compliant with industry standard NSF/ANSI 51,4 “Food Equipment Materials,” and are labeled and marketed as shatter-resistant, shatter-proof, or shatter-protected. Some types of the coatings can also protect the lamp from breakage in applications subject to heat and thermal shock that may occur from water, sleet, snow, soldering, or welding.

    4 NSF/ANSI 51 applies specifically to materials and coatings used in the manufacturing of equipment and objects destined for contact with foodstuffs.

    III. Comparison Methodology

    In the 2008 analysis, DOE reviewed each of the five sets of shipment data that was collected in consultation with NEMA and applied two curve fits to generate unit sales estimates for the five lamp types after calendar year 2006. One curve fit applied a linear regression to the historical data and extended that line into the future. The other curve fit applied an exponential growth function to the shipment data and projected unit sales into the future. For this calculation, linear regression treats the year as a dependent variable and shipments as the independent variable. The linear regression curve fit is modeled by minimizing the differences among the data points and the best curve-fit linear line using the least squares function.5 The exponential curve fit is also a regression function and uses the same least squares function to find the best fit. For some data sets, an exponential curve provides a better characterization of the historical data, and, therefore, a better projection of the future data.

    5 The least squares function is an analytical tool that DOE uses to minimize the sum of the squared residual differences between the actual historical data points and the modeled value (i.e., the linear curve fit). In minimizing this value, the resulting curve fit will represent the best fit possible to the data provided.

    For 3-way incandescent lamps, 2,601-3,300 lumen general service incandescent lamps, and shatter-resistant lamps, DOE found that the linear regression and exponential growth curve fits produced nearly the same estimates of unit sales (i.e., the difference between the two forecasted values was less than 1 or 2 percent). However, for rough service and vibration service lamps, the linear regression curve fit projected lamp unit sales would decline to zero for both lamp types by 2018. In contrast, the exponential growth curve fit projected a more gradual decline in unit sales, such that lamps would still be sold beyond 2018, and it was, therefore, considered the more realistic forecast. While DOE was satisfied that either the linear regression or exponential growth spreadsheet model generated a reasonable benchmark unit sales estimate for 3-way incandescent lamps, 2,601-3,300 lumen general service incandescent lamps, and shatter-resistant lamps, DOE selected the exponential growth curve fit for these lamp types for consistency with the selection made for rough service and vibration service lamps.6 DOE examines the benchmark unit sales estimates and actual sales for each of the five lamp types in the following section and also makes the comparisons available in a spreadsheet online: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/63.

    6 This selection is consistent with the previous annual comparisons. See DOE's 2008 forecast spreadsheet models of the lamp types for greater detail on the estimates.

    IV. Comparison Results A. Rough Service Lamps

    For rough service lamps, the exponential growth forecast projected the benchmark unit sales estimate for 2014 to be 5,224,000 units. The NEMA-provided shipment data reported shipments of 7,267,000 units in 2014. As this finding exceeds the estimate by only 39.1 percent, DOE will continue to track rough service lamp sales data and will not initiate regulatory action for this lamp type at this time.

    B. Vibration Service Lamps

    For vibration service lamps, the exponential growth forecast projected the benchmark unit sales estimate for 2014 to be 2,729,000 units. The NEMA-provided shipment data reported shipments of 5,220,000 units in 2014. As this finding exceeds the estimate by only 91.3 percent, DOE will continue to track vibration service lamp sales data and will not initiate regulatory action for this lamp type at this time.

    C. Three-Way Incandescent Lamps

    For 3-way incandescent lamps, the exponential growth forecast projected the benchmark unit sales estimate for 2014 to be 49,107,000 units. The NEMA-provided shipment data reported shipments of 35,340,000 units in 2014. As this finding is only 72.0 percent of the estimate, DOE will continue to track 3-way incandescent lamp sales data and will not initiate regulatory action for this lamp type at this time.

    D. 2,601-3,300 Lumen General Service Incandescent Lamps

    For 2,601-3,300 lumen general service incandescent lamps, the exponential growth forecast projected the benchmark unit sales estimate for 2014 to be 34,110,000 units. The NEMA-provided shipment data reported shipments of 5,232,000 units in 2014. As this finding is 15.3 percent of the estimate, DOE will continue to track 2,601-3,300 lumen general service incandescent lamp sales data and will not initiate regulatory action for this lamp type at this time.

    E. Shatter-Resistant Lamps

    For shatter-resistant lamps, the exponential growth forecast projected the benchmark unit sales estimate for 2014 to be 1,671,000 units. The NEMA-provided shipment data reported shipments of 1,042,000 units in 2014. As this finding is only 62.4 percent of the estimate, DOE will continue to track shatter-resistant lamp sales data and will not initiate regulatory action for this lamp type at this time.

    V. Conclusion

    None of the shipments for rough service lamps, vibration service lamps, 3-way incandescent lamps, 2,601-3,300 lumen general service incandescent lamps, or shatter-resistant lamps crossed the statutory threshold for a standard. DOE will continue to monitor these five currently exempted lamp types and will assess 2015 sales by March 31, 2016, in order to determine whether an energy conservation standards rulemaking is required, consistent with 42 U.S.C. 6295(l)(4)(D) through (H).

    Issued in Washington, DC, on March 10, 2015. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy.
    [FR Doc. 2015-05947 Filed 3-16-15; 8:45 am] BILLING CODE 6450-01-P
    NUCLEAR REGULATORY COMMISSION 10 CFR Parts 30, 40, 50, 52, 60, 61, 63, 70, 71, and 72 [Docket Nos. PRM-50-107; NRC-2013-0077] Requirement To Submit Complete and Accurate Information AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Petition for rulemaking; consideration in the rulemaking process.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) will consider in the rulemaking process the issues raised in a petition for rulemaking (PRM), PRM-50-107, submitted by James Lieberman (the petitioner). The petitioner requested that the NRC amend its regulations to require that all persons seeking NRC approvals provide the NRC with complete and accurate information. Current NRC regulations pertaining to completeness and accuracy of information apply only to NRC licensees and license applicants. The NRC has determined that the issues raised in the PRM have merit and are appropriate for consideration in the rulemaking process.

    DATES:

    The docket for the petition for rulemaking, PRM-50-107, is closed on March 17, 2015.

    ADDRESSES:

    Please refer to Docket ID NRC-2013-0077 when contacting the NRC about the availability of information for this petition. You can obtain publicly-available documents related to this petition by using any of the following methods:

    • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0077. 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.

    • The 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. In addition, for the convenience of the reader, the ADAMS accession numbers are provided in a table in Section V of this document, Availability of Documents.

    • The NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    Jenny Tobin, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2328; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background. II. Requirement to Submit Complete and Accurate Information. III. Analysis of Public Comments. IV. Determination of Petition. V. Availability of Documents. I. Background

    On April 15, 2013, the NRC received a PRM (ADAMS Accession No. ML13113A443) requesting the NRC to revise its regulations relating to nuclear reactors at §§ 50.1, 50.9, 52.0, and 52.6 of Title 10 of the Code of Federal Regulations (10 CFR) to expand its “regulatory framework to make it a legal obligation for those non-licensees who seek NRC regulatory approvals be held to the same legal standards for the submittal of complete and accurate information as would a licensee or an applicant for a license.” James Lieberman, a regulatory and nuclear safety consultant, submitted the petition which was filed on April 15, 2013, and later amended on September 16, 2013. The petitioner originally requested that the NRC amend its regulations in 10 CFR parts 50 and 52, to require all persons who seek NRC approvals to provide the NRC with complete and accurate information.

    The NRC assigned the petition Docket Number PRM-50-107 and published a notice of receipt of the petition in the Federal Register (FR) on June 10, 2013 (78 FR 34604). The NRC requested public comment on the petition and received two comments, both supporting the petition. On September 16, 2013 (ADAMS Accession No. ML13113A443), the petitioner amended the rulemaking petition to expand its scope to include not only 10 CFR parts 50 and 52 for reactors, but the regulatory framework for radioactive materials, waste disposal, transportation, and spent fuel storage as well (10 CFR parts 30, 40, 60, 61, 63, 70, 71, and 72). The NRC published a notice regarding the amended petition (ADAMS Accession No. ML13261A190) in the Federal Register requesting comment (79 FR 3328; January 21, 2014). One additional comment in support of the amended petition was received.

    The petitioner asserts that non-licensees (including vendors and other contractors) used by NRC-regulated entities to meet regulatory requirements should be subject to the same requirements for complete and accurate submissions as NRC licensees and license applicants. When the Commission promulgated the 1987 “Completeness and Accuracy of Information” rule (52 FR 49362; December 31, 1987) (the 1987 rule), neither the rule language nor the Statement of Considerations (SOC) discussed non-licensees submitting information to the NRC for regulatory approvals. The 1987 rule included nearly identical “Completeness and Accuracy of Information” requirements in 10 CFR parts 30, 40, 50, 60, 61, 70, 71, and 72. When the Commission added 10 CFR parts 52 and 63 to its regulations, it added “Completeness and Accuracy of Information” requirements to these parts as well (72 FR 49521, August 28, 2007; and 66 FR 55732, November 2, 2001; respectively). The petitioner asserts that the intent of this petition is to close the gap that exists in NRC requirements between licensees/applicants and non-licensees regarding the submittal of complete and accurate information for NRC approval.

    The NRC assigned the petition Docket Number PRM-50-107 and published a notice of receipt of the petition in the Federal Register (FR) on June 10, 2013 (78 FR 34604). The NRC requested public comment on the petition and received two comments, both supporting the petition. On September 16, 2013 (ADAMS Accession No. ML13113A443), the petitioner amended the rulemaking petition to expand its request to include not only 10 CFR parts 50 and 52 for reactors, but the regulatory framework for radioactive materials, waste disposal, transportation, and spent fuel storage as well (10 CFR parts 30, 40, 60, 61, 63, 70, 71, and 72). In the amended petition, the petitioner also requested that the “scope” section for each of the parts be revised to add language to highlight that any person seeking or obtaining an NRC approval for a regulated activity would be subject to enforcement action for violation of the completeness and accuracy provision of that part. The applicable sections are §§ 30.1, 40.2, 50.1, 52.0, 60.1, 61.1, 63.1, 70.2, 71.0, and 72.2.

    II. Requirement To Submit Complete and Accurate Information

    The NRC's regulations at 10 CFR 30.9, 40.9, 50.9, 52.6, 60.10, 61.9a, 63.10, 70.9, 71.7, and 72.11 implemented: (1) The longstanding policy that license applicants and licensees provide the Commission information that is complete and accurate in all material respects and maintain such information as required; and (2) the requirement that license applicants and licensees notify the NRC of any information they identify as having, for the regulated activity, a significant implication for the public health and safety or common defense and security.

    The 1987 rule re-emphasized the NRC's need to receive complete and accurate information and timely notification of safety significant information from its licensees and license applicants if the NRC is to fulfill its statutory responsibilities under the Atomic Energy Act of 1954, as amended (AEA). The SOC for the 1987 rule stated that “the accuracy and forthrightness in communications to the NRC by licensees and applicants for licenses are essential if the NRC is to fulfill its responsibilities to ensure that utilization of radioactive material and the operation of nuclear facilities are consistent with the health and safety of the public and the common defense and security.” The SOC relied on the general authority provision in AEA Section 161b. that permits the NRC to establish by rule, regulation, or order, such standards and instructions to govern the possession and use of special nuclear material, source material, and byproduct material. The SOC also specifically mentioned the importance of accurate information in AEA Section 186, which authorizes the NRC to revoke any license for material false statement in an application or statement of fact required under AEA Section 182.

    However, similar concerns also are raised when non-licensees seek the NRC's approval in other situations. For example, a non-licensee may submit a description of its Quality Assurance (QA) program to the NRC for approval in support of a Certificate of Compliance (CoC) for transportation and storage casks. The regulations at 10 CFR part 71 and part 72 set forth requirements for QA programs in subparts H and G, respectively. Non-licensees who intend to apply for a CoC establish, maintain, and execute programs satisfying the QA requirements for the control of quality-affecting activities such as design, procurement, special processes, inspection, and testing, among other activities. Implementing an effective QA program during transportation or storage cask design and testing pre-application phases provides adequate confidence that the systems or components will perform satisfactorily in service.

    On more than one occasion the NRC has received from a non-licensee a description of a QA program for NRC approval in accordance with 10 CFR parts 71 and 72 requirements. After reviewing this information, the NRC staff approved the QA program, as documented. However, a subsequent on-site inspection of that NRC-approved QA program resulted in a finding of inadequate implementation of certain quality-related activities. Had this QA program implementation deficiency gone unidentified and uncorrected, it could have resulted in design issues or reduced confidence that systems or components would perform satisfactorily in service. Under current regulations, the NRC can only take an enforcement action against the applicant if the cause of a QA program deficiency is attributable to an applicant providing incomplete or inaccurate information. The NRC is unable to take enforcement action against the non-licensee for not providing complete and accurate information that was submitted for NRC's approval; the NRC is limited to issuing an administrative action, such as a notice of nonconformance.

    A topical report is another example of one type of information submitted to the NRC by non-licensees for regulatory approval. Once reviewed and approved, the NRC endorses the use of the topical report, and licensees implement the report accordingly. The petitioner cited reactor topical reports as an example of a single safety evaluation report, once approved by the NRC, that may be adopted by many licensees, and therefore greatly magnify the impact of any error beyond the non-licensee applicant for the topical report itself.

    The petition states that non-licensees who submit information to the NRC for approval should be held accountable for providing complete and accurate information. The petitioner's proposed rule change would provide the NRC staff with additional enforcement tools to encourage non-licensees to submit complete and accurate information to the NRC.

    III. Analysis of Public Comments

    The NRC received a total of three comment submissions on the petition and amended petition from two private citizens. The NRC received two public comments in response to the June 10, 2013, Federal Register notice. Both were in support of the petition, one suggested the inclusion of additional licensees in the petition. In response to the January 21, 2014, Federal Register notice, the NRC received a second comment from a previous commenter reiterating his support on the amended petition.

    Comment No. 1 Commenter: Hugh Thompson, Talisman International

    Comment: The commenter asserted that the NRC should consider for rulemaking Mr. Lieberman's petition to require vendors and suppliers to provide complete and accurate information. The commenter also stated that the NRC should consider expanding the original petition's request to include other parts of the regulations that have the same completeness and accuracy provisions, namely 10 CFR parts 30, 40, 61, 70, 71, and 72. The commenter highlighted that it is important to have complete and accurate information in submittals by non-licensees who seek the following: (1) Exemption from NRC regulations; and (2) NRC approval that their activities do not need a license. The commenter pointed out that currently there is no legal obligation for a vendor to provide complete and accurate information either in the application for a topical report or in response to NRC questions on the topical report. The commenter noted that this oversight has been brought to light during litigation.

    NRC Response: The NRC agrees with this comment, and intends to consider this issue in the rulemaking process. In addition, the petitioner amended the petition to expand the request of proposed changes in the regulations.

    Comment No. 2 Commenter: Charles Haughney

    Comment: The commenter stated that the NRC should consider Mr. Lieberman's petition for rulemaking.

    NRC Response: The NRC agrees with the comment and intends to consider this PRM in the rulemaking process.

    Comment No. 3 Commenter: Hugh Thompson, Talisman International

    Comment: The commenter stated that the NRC should consider for rulemaking the revised petition that expands the original petition request.

    NRC Response: The NRC agrees with the comment and intends to consider the PRM in the rulemaking process.

    IV. Determination of Petition

    Non-licensee applicants for NRC regulatory approvals (e.g. topical report, an exemption from licensing, or submission of a QA program) currently are not under the same regulatory obligation as licensees or license applicants to provide complete and accurate information. Non-licensees that have received an NRC approval are also not under the same regulatory obligation as licensees to notify the NRC of any information that may have a significant implication for public health and safety or the common defense and security. As a result, the lack of similar requirements for non-licensees could adversely affect public health and safety or the common defense and security. As with licensees and license applicants, the NRC staff relies on the information submitted by non-licensees as the primary basis for approving their requests; it is fundamental for good regulation that all applicants for NRC approvals meet the same requirement to submit complete and accurate information. It is also important that both licensees and non-licensees operating under an NRC approval be required to notify the NRC of information they have identified as having a significant implication for the public health and safety or common defense and security. In the case of reactor topical reports, as cited by the petitioner, a single safety evaluation report may be adopted by many licensees once it has been approved by the NRC, greatly magnifying the impact of any errors beyond the non-licensee applicant for the topical report itself.

    The NRC agrees with the petitioner that non-licensee applicants for NRC approvals in all subject areas (e.g. reactors, materials, transportation, and waste) should be required to submit complete and accurate information. Imposing the same requirement for completeness and accuracy of information to all non-licensee applicants for NRC approvals ensures a consistent and comprehensive set of regulatory expectations.

    Although not mentioned in the petition or the amended petition, the NRC staff identified other portions of the regulations that contain similar requirements for “Completeness and Accuracy of Information.” As a result, the NRC also considered the applicability of the issue to 10 CFR parts 54, 76, and 110 in its evaluation.

    For these reasons, the NRC will consider the issues raised in the petition in the rulemaking process.

    V. Availability of Documents

    The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated. For information on accessing ADAMS, see the ADDRESSES section of this document.

    Date Document ADAMS
  • Accession number/
  • Federal Register
  • citation
  • April 15, 2013 Original Petition (PRM-50-107) ML13113A443 June 10, 2013 Original FRN 78 FR 34604 September 16, 2013 Amended Petition ML13261A190 January 21, 2014 Amended FRN 79 FR 3328 August 29, 2013 Comment 1: Hugh Thompson ML13241A222 August 26, 2013 Comment 2: Charles Haughney ML13246A383 April 10, 2014 Comment 3: Hugh Thompson ML14100A198
    Dated at Rockville, Maryland, this 20th day of February, 2015.

    For the Nuclear Regulatory Commission.

    Mark A. Satorius, Executive Director for Operations.
    [FR Doc. 2015-06107 Filed 3-16-15; 8:45 am] BILLING CODE 7590-01-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0165; Directorate Identifier 2015-NE-02-AD] RIN 2120-AA64 Airworthiness Directives; General Electric Company Turbofan Engines AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for all General Electric Company (GE) GEnx turbofan engine models. This proposed AD was prompted by reports of GEnx-1B and GEnx-2B engines experiencing power loss in ice crystal icing (ICI) conditions. This proposed AD would preclude the use of full authority digital engine control (FADEC) software, version B175 or earlier, in GEnx-1B engines, and the use of FADEC software, version C065 or earlier, in GEnx-2B engines. We are proposing this AD to prevent engine failure, loss of thrust control, and damage to the airplane.

    DATES:

    We must receive comments on this proposed AD by May 18, 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 General Electric Company, GE Aviation, Room 285, 1 Neumann Way, Cincinnati, OH 45215; phone: 513-552-3272; email: [email protected] You may view this service information at the FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7125.

    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-2015-0165; 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:

    Tomasz Rakowski, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781-238-7735; fax: 781-238-7199; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this NPRM. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-0165; Directorate Identifier 2015-NE-02-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM 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 NPRM.

    Discussion

    We propose to adopt a new AD for all GE GEnx turbofan engine models. This proposed AD was prompted by reports of GEnx-1B and GEnx-2B engines experiencing power loss in ICI conditions. Five engines experienced non-serviceable mechanical damage. One engine did not recover power due to mechanical damage. This condition, if not corrected, could result in engine failure, loss of thrust control, and damage to the airplane. This proposed AD would preclude the use of FADEC software, version B175 or earlier in GEnx-1B engines, and the use of FADEC software, version C065 or earlier, in GEnx-2B engines. We are proposing this AD to prevent engine failure, loss of thrust control, and damage to the airplane.

    Related Service Information Under 1 CFR Part 51

    We reviewed GE GEnx-1B Service Bulletin (SB) No. 73-0036, dated January 6, 2015, and GE GEnx-2B SB No. 73-0035, dated September 16, 2014. The SBs describe procedures for installing FADEC software on GE GEnx-1B and GEnx-2B engine models. This service information is reasonably available; see ADDRESSES for ways to access this service information.

    FAA's Determination

    We are proposing this NPRM 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 NPRM would preclude the use of FADEC software, version B175 or earlier, in GEnx-1B engines, and the use of FADEC software, version C065 or earlier, in GEnx-2B engines.

    Costs of Compliance

    We estimate that this proposed AD will affect 80 engines installed on airplanes of U.S. registry. We also estimate that it will take about 1 hour per engine to comply with this proposed AD. The average labor rate is $85 per hour. No parts are required. Based on these figures, we estimate the total cost of the proposed AD to U.S. operators to be $6,800.

    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 to the extent that it justifies making a regulatory distinction, and

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

    List of Subjects in 14 CFR Part 39

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

    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): General Electric Company: Docket No. FAA-2015-0165; Directorate Identifier 2015-NE-02-AD. (a) Comments Due Date

    We must receive comments by May 18, 2015.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all General Electric Company (GE) GEnx-1B model turbofan engines with full authority digital engine control (FADEC) software version B175 or earlier, installed, and GEnx-2B model turbofan engines with FADEC software version C065 or earlier, installed.

    (d) Unsafe Condition

    This AD was prompted by reports of GEnx-1B and GEnx-2B engines experiencing power loss in ice crystal icing (ICI) conditions. We are issuing this AD to prevent engine failure, loss of thrust control, and damage to the airplane.

    (e) Compliance

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

    (1) Thirty days after the effective date of this AD, do not operate any GE GEnx-1B engine with FADEC software version B175 or earlier, installed in the electronic engine control (EEC).

    (2) Thirty days after the effective date of this AD, do not operate any GE GEnx-2B engine with FADEC software version C065 or earlier, installed in the EEC.

    (f) Alternative Methods of Compliance (AMOCs)

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

    (g) Related Information

    (1) For more information about this AD, contact Tomasz Rakowski, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781-238-7735; fax: 781-238-7199; email: [email protected]

    (2) GE GEnx-1B Service Bulletin (SB) No. 73-0036, dated January 6, 2015, and GE GEnx-2B SB No. 73-0035, dated September 16, 2014, which are not incorporated by reference in this proposed AD, can be obtained from GE using the contact information in paragraph (g)(3) of this proposed AD.

    (3) For service information identified in this proposed AD, contact General Electric Company, GE Aviation, Room 285, 1 Neumann Way, Cincinnati, OH 45215; phone: 513-552-3272; email: [email protected]

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

    Issued in Burlington, Massachusetts, on March 6, 2015. Ann C. Mollica, Acting Directorate Manager, Engine & Propeller Directorate, Aircraft Certification Service.
    [FR Doc. 2015-05897 Filed 3-16-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0490; Directorate Identifier 2014-NM-018-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to supersede Airworthiness Directive (AD) 2008-22-20, for certain Airbus Model A330-200, A330-300, and A340-300 series airplanes. AD 2008-22-20 currently requires repetitive high frequency eddy current (HFEC) inspections for cracking, repair if necessary, and modification of the upper shell structure of the fuselage. Since we issued AD 2008-22-20, we have determined from a fatigue and damage tolerance evaluation that the compliance times must be reduced. This proposed AD would shorten certain compliance times. We are proposing this AD to prevent fatigue cracking of the upper shell structure of the fuselage, which could result in reduced structural integrity of the airplane.

    DATES:

    We must receive comments on this proposed AD by May 1, 2015.

    ADDRESSES:

    You may send comments by any of the following methods:

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

    Fax: (202) 493-2251.

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

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

    For service information identified in this proposed AD, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; Internet http://www.airbus.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.

    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-2015-0490; 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 Operations office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; fax 425-227-1149.

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-0490; Directorate Identifier 2014-NM-018-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 based on 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

    On October 20, 2008, we issued AD 2008-22-20, Amendment 39-15717 (73 FR 66747, November 12, 2008). AD 2008-22-20 requires actions intended to address an unsafe condition on certain Airbus Model A330-200, A330-300, and A340-300 series airplanes.

    Since we issued AD 2008-22-20, Amendment 39-15717 (73 FR 66747, November 12, 2008), it has been determined from a fatigue and damage tolerance evaluation that the compliance times for certain inspections and modification must be reduced.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0012R1, dated January 24, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states:

    During fatigue tests (EF3) on the A340-600, damage was found in the longitudinal doubler at the Vertical Tail Plane (VTP) attachment cut out between Frame (FR) 80 and FR86. This damage occurred between 58,341 and 72,891 simulated flight cycles (FC).

    Due to the higher Design Service Goal and different design of the affected structural area (e.g., doubler thickness) for A330-200/-300 and A340-300 airplane series, the damage assessment concluded that these airplanes may be also potentially affected.

    This condition, if not detected and corrected, could affect the structural integrity of the upper shell structure between FR80 and FR86.

    Prompted by these findings, EASA issued AD 2007-0284 [(http://ad.easa.europa.eu/blob/easa_ad_2007_0284_superseded.pdf/AD_2007-0284_1)] to require implementation of an inspection programme of this structural area using a high frequency eddy current (HFEC) method and a modification to improve the upper shell structure.

    Since that [EASA] AD was issued, in the frame of a new fatigue and damage tolerance evaluation, taking into account the airplane utilisation, the inspection threshold and intervals have been reassessed and the conclusion was that the thresholds and intervals for inspection, as well as the threshold for modifying the airplane, must be reduced.

    For the reason described above, this [EASA] AD retains the requirements of EASA AD 2007-0284, which is superseded and introduces redefined thresholds and intervals.

    This [EASA] AD is revised to clarify that, under some conditions, accomplishment of a repair constitutes terminating action for the repetitive inspections. One of the outcome of this clarification is the deletion of paragraph (5) of this [EASA] AD.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-2015-0490.

    Initial compliance time thresholds range from 7,300 flight cycles or 47,600 flight hours, and up to 25,400 flight cycles or 76,300 flight hours, depending on configuration and range.

    Repetitive compliance time thresholds range from 1,700 flight cycles or 11,300 flight hours, and up to 4,500 flight cycles or 13,500 flight hours, depending on configuration.

    Widespread Fatigue Damage

    Structural fatigue damage is progressive. It begins as minute cracks, and those cracks grow under the action of repeated stresses. This can happen because of normal operational conditions and design attributes, or because of isolated situations or incidents such as material defects, poor fabrication quality, or corrosion pits, dings, or scratches. Fatigue damage can occur locally, in small areas or structural design details, or globally. Global fatigue damage is general degradation of large areas of structure with similar structural details and stress levels. Multiple-site damage is global damage that occurs in a large structural element such as a single rivet line of a lap splice joining two large skin panels. Global damage can also occur in multiple elements such as adjacent frames or stringers. Multiple-site-damage and multiple-element-damage cracks are typically too small initially to be reliably detected with normal inspection methods. Without intervention, these cracks will grow, and eventually compromise the structural integrity of the airplane, in a condition known as widespread fatigue damage (WFD). As an airplane ages, WFD will likely occur, and will certainly occur if the airplane is operated long enough without any intervention.

    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became effective on January 14, 2011. The WFD rule requires certain actions to prevent structural failure due to WFD throughout the operational life of certain existing transport category airplanes and all of these airplanes that will be certificated in the future. For existing and future airplanes subject to the WFD rule, the rule requires that DAHs establish a limit of validity (LOV) of the engineering data that support the structural maintenance program. Operators affected by the WFD rule may not fly an airplane beyond its LOV, unless an extended LOV is approved.

    The WFD rule (75 FR 69746, November 15, 2010) does not require identifying and developing maintenance actions if the DAHs can show that such actions are not necessary to prevent WFD before the airplane reaches the LOV. Many LOVs, however, do depend on accomplishment of future maintenance actions. As stated in the WFD rule, any maintenance actions necessary to reach the LOV will be mandated by airworthiness directives through separate rulemaking actions.

    In the context of WFD, this action is necessary to enable DAHs to propose LOVs that allow operators the longest operational lives for their airplanes, and still ensure that WFD will not occur. This approach allows for an implementation strategy that provides flexibility to DAHs in determining the timing of service information development (with FAA approval), while providing operators with certainty regarding the LOV applicable to their airplanes.

    Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. This service information is reasonably available; see ADDRESSES for ways to access this service information.

    • Airbus Service Bulletin A330-53-3159, Revision 02, dated March 29, 2010. The service information describes procedures for a modification of the fuselage, which includes inspections (e.g., eddy current rotating probe test of fastener holes for cracking, high frequency eddy current (HFEC) inspections for cracking of the upper shell structure of the fuselage, and checks of the fastener position for clearance) and applicable corrective actions (e.g., repair and rework).

    • Airbus Service Bulletin A330-53-3160, Revision 03, dated January 6, 2012. The service information describes procedures for applicable actions, including an eddy current rotating probe test for cracking of the fastener holes and an HFEC inspection for cracks in the upper shell of the fuselage (and including checks of the fastener position for clearance and applicable corrective actions (e.g., repair and rework)), and a modification of the airplane upper shell structure of the fuselage between FR80 and FR86.

    • Airbus Service Bulletin A330-53-3168, Revision 02, dated December 21, 2011. The service information describes procedures for a HFEC inspection for cracking of the upper shell structure of the fuselage between FR80 and FR86.

    • Airbus Service Bulletin A340-53-4165, Revision 02, dated March 29, 2010. The service information describes procedures for a modification of the fuselage, which includes inspections (e.g., eddy current rotating probe test of fastener holes for cracking, HFEC inspections for cracking of the upper shell structure of the fuselage, and checks of the fastener position for clearance) and applicable corrective actions (e.g., repair and rework).

    • Airbus Service Bulletin A340-53-4172, Revision 01, dated July 8, 2009. The service information describes procedures for inspections (e.g., rototest inspections of fastener holes for cracking, HFEC inspections for cracking of the upper shell structure of the fuselage, and checks of the fastener position for clearance) and modification of the airplane upper shell structure between FR80 and FR86 (including applicable corrective actions (e.g., repair and rework).

    • Airbus Service Bulletin A340-53-4174, Revision 02, dated December 21, 2011. The service information describes procedures for a HFEC inspection for cracking of the upper shell structure of the fuselage between FR80 and FR86.

    FAA's Determination and Requirements of This Proposed AD

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

    Differences Between This Proposed AD and the MCAI or Service Information

    Unlike the procedures described in the service information, this proposed AD would not permit further flight if cracks are detected in the upper shell structure. We have determined that, because of the safety implications and consequences associated with that cracking, any cracked upper shell structure must be repaired before further flight. This difference has been coordinated with the EASA and Airbus.

    Explanation of Compliance Time for Modification

    The compliance time for the modification specified in this proposed AD for addressing WFD was established to ensure that discrepant structure is modified before WFD develops in airplanes. Standard inspection techniques cannot be relied on to detect WFD before it becomes a hazard to flight. We will not grant any extensions of the compliance time to complete any AD-mandated service bulletin related to WFD without extensive new data that would substantiate and clearly warrant such an extension.

    Costs of Compliance

    We estimate that this proposed AD affects 26 airplanes of U.S. registry. We also estimate that it would take about 208 work-hours per product to comply with the basic requirements (inspection and modification) of this proposed AD. The average labor rate is $85 per work-hour. Required parts would cost about $28,360 per product. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $1,197,040, or $46,040 per product.

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

    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 removing Airworthiness Directive (AD) 2008-22-20, Amendment 39-15717 (73 FR 66747, November 12, 2008), and adding the following new AD: Airbus: Docket No. FAA-2015-0490; Directorate Identifier 2014-NM-018-AD. (a) Comments Due Date

    We must receive comments by May 1, 2015.

    (b) Affected ADs

    This AD replaces AD 2008-22-20, Amendment 39-15717 (73 FR 66747, November 12, 2008).

    (c) Applicability

    This AD applies to Airbus Model A330-201, -202, -203, -223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343; and Model A340-311, -312, and -313 airplanes; certificated in any category; all manufacturer serial numbers on which Airbus Modification 44205 has been embodied in production, except those on which Airbus Modification 52974 or 53223 has been embodied in production.

    (d) Subject

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

    (e) Reason

    This AD was prompted by the results of a fatigue and damage tolerance evaluation that concluded existing compliance times must be reduced. We are issuing this AD to prevent fatigue cracking of the upper shell structure of the fuselage, which could result in reduced structural integrity of the airplane.

    (f) Compliance

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

    (g) Inspection for Airbus Model A330-300 and A340-300 Airplanes, Except Model A340-300 Weight Variant (WV) 027 Airplanes

    For Model A330-300 and A340-300 airplanes, except Model A340-300 WV 027 airplanes: At the applicable time specified in paragraph (g)(1) or (g)(2) of this AD, do a high frequency eddy current (HFEC) inspection for cracking of the upper shell structure between frame (FR) 80 and FR86, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-53-3168, Revision 02, dated December 21, 2011; or Airbus Service Bulletin A340-53-4174, Revision 02, dated December 21, 2011; as applicable. Repeat the inspection thereafter at the applicable time specified in paragraph 1.E., “COMPLIANCE,” of Airbus Service Bulletin A330-53-3168, Revision 02, dated December 21, 2011; or Airbus Service Bulletin A340-53-4174, Revision 02, dated December 21, 2011; as applicable.

    (1) For airplanes that, as of the effective date of this AD, have not been inspected in accordance with Airbus Service Bulletin A330-53-3168; or Airbus Service Bulletin A340-53-4174; as applicable: Inspect at the later of the times specified in paragraphs (g)(1)(i) and (g)(1)(ii) of this AD.

    (i) Before reaching the applicable threshold specified in paragraph 1.E., “COMPLIANCE,” of Airbus Service Bulletin A330-53-3168, Revision 02, dated December 21, 2011; or Airbus Service Bulletin A340-53-4174, Revision 02, dated December 21, 2011; as applicable for airplane model, configuration, and utilization, since the airplane's first flight.

    (ii) Within the threshold defined in paragraph 1.E, “COMPLIANCE,” of Airbus Service Bulletin A330-53-3168, Revision 01, dated February 15, 2008; or Airbus Service Bulletin A340-53-4174, Revision 01, dated February 15, 2008; as applicable for airplane model, configuration, and utilization since the airplane's first flight; or within 12 months after the effective date of this AD; whichever occurs first.

    (2) For airplanes that, as of the effective date of this AD, have been inspected in accordance with Airbus Service Bulletin A330-53-3168; or Airbus Service Bulletin A340-53-4174; as applicable: Inspect at the later of the times specified in paragraphs (g)(2)(i) and (g)(2)(ii) of this AD.

    (i) Within the applicable interval specified in paragraph 1.E., “COMPLIANCE,” of Airbus Service Bulletin A330-53-3168, Revision 02, dated December 21, 2011; or Airbus Service Bulletin A340-53-4174, Revision 02, dated December 21, 2011; as applicable; to be counted from the last inspection.

    (ii) Within 12 months after the effective date of this AD without exceeding the intervals defined in paragraph 1.E, “COMPLIANCE,” of Airbus Service Bulletin A330-53-3168, Revision 01, dated February 15, 2008; or Airbus Service Bulletin A340-53-4174, Revision 01, dated February 15, 2008; as applicable for airplane model, configuration, and utilization to be counted from the last inspection.

    (h) Corrective Action for Airbus Model A330-300 and A340-300 Airplanes, Except Model A340-300 WV 027 Airplanes

    If any crack is detected during any HFEC inspection required by the introductory text to paragraph (g) of this AD: Before further flight, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). Accomplishment of a repair for a specific area, as required by this paragraph, is terminating action for the repetitive HFEC inspections required by the introductory text to paragraph (g) of this AD, as applicable, for that specific repaired area only. The need and definition of subsequent repetitive inspections (if any) for that specific repaired area will be defined in the applicable repair method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA) or Airbus's EASA Design Organization Approval (DOA).

    (i) Optional Terminating Action

    For Airbus Model A330-300 and A340-300 airplanes, except Model A340-300 WV 027 airplanes: Modification, which includes inspections and applicable corrective actions, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-53-3159, Revision 02, dated March 29, 2010; or Airbus Service Bulletin A340-53-4165, Revision 02, dated March 29, 2010; as applicable; terminates the repetitive HFEC inspections required by the introductory text to paragraph (g) of this AD, except where Airbus Service Bulletin A330-53-3159, Revision 02, dated March 29, 2010; or Airbus Service Bulletin A340-53-4165, Revision 02, dated March 29, 2010; as applicable; specifies to contact the manufacturer, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or Airbus's EASA DOA.

    (j) Inspection and Modification for Airbus Model A330-200 Airplanes

    (1) Within the compliance times specified in paragraph (j)(1)(i) or (j)(1)(ii) of this AD, whichever occurs later: Do all applicable actions, including an eddy current rotating probe test and an HFEC inspection for cracks, and modify the airplane upper shell structure between FR80 and FR86; in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-53-3160, Revision 03, dated January 6, 2012.

    (i) Within the compliance times identified in paragraph 1.E., “COMPLIANCE,” of Airbus Service Bulletin A330-53-3160, Revision 03, dated January 6, 2012, as applicable for airplane configuration and utilization since the airplane's first flight.

    (ii) Within 12 months after the effective date of this AD without exceeding the threshold, defined in paragraph 1.E, “COMPLIANCE,” of Airbus Service Bulletin A330-53-3160, Revision 02, dated March 29, 2010, since the airplane's first flight.

    (k) Inspection and Modification for Airbus Model A340-300 Airplanes, Only WV 027

    For Model A340-300 airplanes, WV 027 only: Before the accumulation of 14,200 total flight cycles from the airplane's first flight, do all applicable inspections and modify the airplane upper shell structure between FR80 and FR86; in accordance with the Accomplishment Instructions of Airbus Service Bulletin A340-53-4172, Revision 01, dated July 8, 2009.

    (l) Corrective Action for Airbus Model A330-200 Airplanes; and Model A340-300 Airplanes, Only WV 027

    If any crack is detected during the inspection required by paragraph (j) or (k) of this AD, before further flight, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or Airbus's EASA DOA; concurrently with modification required by paragraph (j) or (k) of this AD.

    (m) Definition of “Threshold” and “Interval”

    (1) For the purposes of this AD, the term “Threshold,” as used in paragraph 1.E., “COMPLIANCE,” of the service information specified in paragraphs (m)(2)(i) through (m)(2)(vi) of this AD means the total flight cycles or flight hours accumulated since the airplane's first flight.

    (2) For the purposes of this AD, the term “Interval” as used in paragraph 1.E., “COMPLIANCE,” of the service information specified in paragraphs (m)(2)(i) through (m)(2)(vi) of this AD means the total flight cycles or flight hours accumulated since the last inspection, as applicable.

    (i) Airbus Service Bulletin A330-53-3168, dated September 19, 2007.

    (ii) Airbus Service Bulletin A330-53-3168, Revision 01, dated February 15, 2008.

    (iii) Airbus Service Bulletin A330-53-3168, Revision 02, dated December 21, 2011.

    (iv) Airbus Service Bulletin A340-53-4174, dated September 19, 2007.

    (v) Airbus Service Bulletin A340-53-4174, Revision 01, dated February 15, 2008.

    (vi) Airbus Service Bulletin A340-53-4174, Revision 02, dated December 21, 2011.

    (n) Credit for Previous Actions

    (1) For Model A330-300 and A340-300 airplanes, except Model A340-300 WV 027 airplanes: This paragraph provides credit for the modification specified in paragraph (i) of this AD, if those actions were performed before the effective date of this AD using the service information identified in paragraph (n)(1)(i), (n)(1)(ii), (n)(1)(iii), or (n)(1)(iv) of this AD, as applicable. This service information is not incorporated by reference in this AD.

    (i) Airbus Service Bulletin A330-53-3159, dated September 19, 2007.

    (ii) Airbus Service Bulletin A330-53-3159, Revision 01, dated June 15, 2009.

    (iii) Airbus Service Bulletin A340-53-4165, dated September 19, 2007.

    (iv) Airbus Service Bulletin A340-53-4165, Revision 01, dated June 17, 2009.

    (2) For Model A330-200 airplanes: This paragraph provides credit for the inspection and modification required by paragraph (j) of this AD, if those actions were performed before the effective date of this AD using the service information identified in paragraph (n)(2)(i), (n)(2)(ii), or (n)(2)(iii) of this AD, as applicable. This service information is not incorporated by reference in this AD.

    (i) Airbus Service Bulletin A330-53-3160, dated July 9, 2007.

    (ii) Airbus Service Bulletin A330-53-3160, Revision 01, dated April 28, 2009.

    (iii) Airbus Service Bulletin A330-53-3160, Revision 02, dated March 29, 2010.

    (3) For Model A340-300 airplanes, WV 027 only: This paragraph provides credit for the inspection and modification required by paragraph (k) of this AD, if those actions were performed before the effective date of this AD using Airbus Service Bulletin A340-53-4172, dated July 10, 2007, which is not incorporated by reference in this AD.

    (o) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, 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 International Branch, send it to ATTN: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; fax 425- 227-1149. Information may be emailed to: [email protected] Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

    (2) Contacting the Manufacturer: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA; or Airbus's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature.

    (p) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014-0012R1, dated January 24, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0490.

    (2) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; Internet http://www.airbus.com. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on March 2, 2015. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-05720 Filed 3-16-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF EDUCATION 34 CFR Subtitle A [Docket No.: ED-2015-OII-0006; (CFDA) Numbers: 84.411A (Scale-up grants), 84.411B (Validation grants), and 84.411C (Development grants)] RIN 1855-ZA10 Proposed Priority—Investing in Innovation Fund; Catalog of Federal Domestic Assistance AGENCY:

    Office of Innovation and Improvement, Department of Education.

    ACTION:

    Proposed priority.

    SUMMARY:

    The Assistant Deputy Secretary for Innovation and Improvement proposes a priority under the Investing in Innovation Fund (i3). The Assistant Deputy Secretary may use this priority for competitions in fiscal year (FY) 2015 and later years. The proposed priority would not repeal or replace currently established priorities for this program.

    DATES:

    We must receive your comments on or before April 16, 2015.

    ADDRESSES:

    Submit your comments through the Federal eRulemaking Portal or via postal mail, commercial delivery, or hand delivery. We will not accept comments by fax or by email or those submitted after the comment period. To ensure that we do not receive duplicate copies, please submit your comments only once. In addition, please include the Docket ID at the top of your comments.

    Federal eRulemaking Portal: Go to www.regulations.gov to submit your comments electronically. Information on using Regulations.gov, including instructions for accessing agency documents, submitting comments, and viewing the docket, is available on the site under “Are you new to this site?”

    Postal Mail, Commercial Delivery, or Hand Delivery: If you mail or deliver your comments about these proposed regulations, address them to Allison Moss, U.S. Department of Education, 400 Maryland Avenue SW., Room 4W319, Washington, DC 20202-5930.

    Privacy Note:

    The Department of Education's (Department) policy is to make all comments received from members of the public available for public viewing in their entirety on the Federal eRulemaking Portal at www.regulations.gov. Therefore, commenters should be careful to include in their comments only information that they wish to make publicly available.

    FOR FURTHER INFORMATION CONTACT:

    Allison Moss. Telephone: (202) 205-7726 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.

    SUPPLEMENTARY INFORMATION:

    Summary of the Major Provisions of This Regulatory Action: In this document, the Department proposes a priority for the i3 program that would promote the implementation of comprehensive high school reform and redesign strategies. This proposed priority could be used in the Development, Validation, or Scale-up tier of the i3 program in future years, as appropriate.

    Costs and Benefits: The Assistant Deputy Secretary believes that the proposed priority would not impose significant costs on eligible applicants seeking assistance through the i3 program.

    The proposed priority is designed to be used in conjunction with several priorities that have already been established under the i3 program, and no priority, whether it is used as an absolute or competitive preference priority, affects the overall amount of funding available to individual applicants in any given fiscal year.

    In addition, we note that participation in this program is voluntary. Potential applicants need to consider carefully the effort that will be required to prepare a strong application, their capacity to implement a project successfully, and their chances of submitting a successful application. We believe that the costs imposed on applicants by the proposed priority would be limited to paperwork burden related to preparing an application and that the benefits of implementing these proposals would outweigh any costs incurred by applicants. The costs of carrying out activities would be paid for with program funds and with matching funds provided by private-sector partners. Thus, the costs of implementation would not be a burden for any eligible applicants, including small entities.

    Invitation to Comment: We invite you to submit comments regarding this notice.

    We invite you to assist us in complying with the specific requirements of Executive Orders 12866 and 13563 and their overall requirement of reducing regulatory burden that might result from this proposed priority. Please let us know of any further ways we could reduce potential costs or increase potential benefits while preserving the effective and efficient administration of the program.

    During and after the comment period, you may inspect all public comments about this notice by accessing Regulations.gov. You may also inspect the comments in person in Room 4W335, 400 Maryland Avenue SW., Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m., Washington, DC time, Monday through Friday of each week except Federal holidays. Please contact the person listed under FOR FURTHER INFORMATION CONTACT in order to schedule a time to inspect comments in person.

    Assistance to Individuals With Disabilities in Reviewing the Rulemaking Record: On request we will provide an appropriate accommodation or auxiliary aid to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for this notice. If you want to schedule an appointment for this type of accommodation or auxiliary aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    Purpose of Program: The i3 program addresses two related challenges. First, there are too few practices in education supported by rigorous evidence of effectiveness, despite national attention paid to finding practices that are effective in improving education outcomes in the decade since the establishment of the Department's Institute of Education Sciences. Second, there are limited incentives to expand effective practices substantially and to use those practices to serve more students across schools, districts, and States. As a result, students do not always have access to high-quality programs.

    The i3 program addresses these two challenges through its multi-tier structure that links the amount of funding that an applicant may receive to the quality of the evidence supporting the efficacy of the proposed project. Applicants proposing practices supported by limited evidence can receive small grants to support the development and initial evaluation of promising practices and help to identify new solutions to pressing challenges; applicants proposing practices supported by evidence from rigorous evaluations, such as large randomized controlled trials, can receive substantially larger grants to support expansion across the Nation. This structure provides incentives for applicants to build evidence of effectiveness of their proposed projects and to address the barriers to serving more students across schools, districts, and States so that applicants can compete for more sizeable grants.

    As importantly, all i3 projects are required to generate additional evidence of effectiveness. All i3 grantees must use part of their grant award to conduct independent evaluations of their projects. This ensures that projects funded under the i3 program contribute significantly to improving the information available to practitioners and policymakers about which practices work, for which types of students, and in which contexts. More information about the i3 program, including information about eligible applicants, can be found in the notice of final priorities, requirements, definitions, and selection criteria, published in the Federal Register on March 27, 2013 (78 FR 18682).

    Program Authority:

    American Recovery and Reinvestment Act of 2009 (ARRA), Division A, Section 14007, Public Law 111-5.

    Proposed Priority: This notice contains one proposed priority.

    Proposed Priority—Implementing Comprehensive High School Reform and Redesign Background

    The Department has conducted five competitions under the i3 program and awarded 143 i3 grants since the program was established under ARRA.

    In FY 2015, Congress directed the Department, in making new awards with FY 2015 i3 funds, to establish a priority to support high school reform that will increase the number and percentage of students who graduate from high school and enroll in postsecondary education without the need for remediation and with the ability to think critically, solve complex problems, evaluate arguments on the basis of evidence, and communicate effectively. Congress further recommended that the Department use this priority to support schools where not less than 40 percent of students are from low-income families.

    There is a growing body of evidence about what works in comprehensive high school reform. Interventions supported by research include: Implementing a rigorous college- and career-ready curriculum that links student work and real-world experiences; 1 providing accelerated learning opportunities that allow students to earn credit toward a postsecondary degree, including dual enrollment programs and early college high schools; 2 implementing early warning indicator systems to identify and target supports for struggling students; 3 personalizing learning for students; 4 and strengthening relationships with business and post-secondary partners, linking student work to real-world expectations and experiences.5 There is a particular need to improve readiness for college and careers in science, technology, engineering, and mathematics (STEM) fields, both because these are high-growth fields and because too many of our high schools fall short in this area.6 There is also substantial evidence that demonstrates that comprehensive academic supports for high school students can improve student outcomes, increasing high school graduation and college preparation,7 including for at-risk students.8

    1 Dynarski, M., Clarke, L., Cobb, B., Finn, J., Rumberger, R., and Smink, J. (2008). Dropout Prevention: A Practice Guide (NCEE 2008-4025). Washington, DC: National Center for Education Evaluation and Regional Assistance (NCEE), Institute of Education Sciences (IES), U.S. Department of Education. Retrieved from http://ies.ed.gov/ncee/wwc (see Recommendation 6); Kemple, J., Herlihy, C., & Smith, T. (2005). Making progress toward graduation: Evidence from the Talent Development High School model. New York: MDRC. IES Intervention Report Available at: http://ies.ed.gov/ncee/wwc/interventionreport.aspx?sid=506; and Forbes, J. (2011). A model for success: CART's Linked Learning program increases college enrollment. Clovis, CA: The Center for Advanced Research and Technology. What Works Clearinghouse (WWC) Quick Review Available at: http://ies.ed.gov/ncee/wwc/quickreviewsum.aspx?sid=171.

    2 U.S. Department of Education, IES, WWC (March 2014). WWC review of the report: Early college, early success: Early College High School Initiative impact study. Retrieved from http://whatworks.ed.gov; and An, B. P. (2012). The impact of dual enrollment on college degree attainment: Do low-SES students benefit? Educational Evaluation and Policy Analysis, 35, 57-75. WWC Single Study Review Available at: http://ies.ed.gov/ncee/wwc/singlestudyreview.aspx?sid=20004.

    3 Sinclair, M.F., Christenson, S.L., Lehr, C.A., & Anderson, A.R. (2003). Facilitating student engagement: Lessons learned from Check & Connect longitudinal studies. The California School Psychologist, 8(1), 29-42. IES Intervention Report Available at: http://ies.ed.gov/ncee/wwc/interventionreport.aspx?sid=78.

    4 Dynarski, M., Clarke, L., Cobb, B., Finn, J., Rumberger, R., and Smink, J. (2008). Dropout Prevention: A Practice Guide (NCEE 2008-4025). Washington, DC: National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences, U.S. Department of Education. Retrieved from http://ies.ed.gov/ncee/wwc (see Recommendation 5).

    5 Kemple, J. J., & Snipes, J. C. (2000). Career Academies: Impacts on students' engagement and performance in high school. New York: MDRC (Manpower Demonstration Research Corporation). IES Intervention Report Available at: http://ies.ed.gov/ncee/wwc/interventionreport.aspx?sid=70.

    6 National Research Council (2011). Successful K-12 STEM Education: Identifying Effective Approaches in Science, Technology, Engineering, and Mathematics. Committee on Highly Successful Science Programs for K-12 Science Education. Board on Science Education and Board on Testing and Assessment, Division of Behavioral and Social Sciences and Education. Washington, DC: The National Academies Press. Available at: http://www.stemreports.com/wp-content/uploads/2011/06/NRC_STEM_2.pdf.

    7 Fryer, Roland G. (April 2014). Injecting Charter School Best Practices into Traditional Public Schools: Evidence from Field Experiments. Available at: http://scholar.harvard.edu/files/fryer/files/2014_injecting_charter_school_best_practices_into_traditional_public_schools.pdf; Sinclair, M. F., Christenson, S. L., Lehr, C. A., & Anderson, A. R. (2003). Facilitating student engagement: Lessons learned from Check & Connect longitudinal studies. The California School Psychologist, 8(1), 29-42. IES Intervention Report Available at: http://ies.ed.gov/ncee/wwc/interventionreport.aspx?sid=78; and Constantine, J. M., Seftor, N. S., Martin, E. S., Silva, T., & Myers, D. (2006). A study of the effect of the Talent Search program on secondary and postsecondary outcomes in Florida, Indiana, and Texas: Final report from phase II of the national evaluation. Report prepared by Mathematica Policy Research for the U.S. Department of Education, Office of Planning, Evaluation, and Policy Development, Policy and Program Studies Service. Washington, DC: U.S. Department of Education. IES Intervention Report Available at: http://ies.ed.gov/ncee/wwc/interventionreport.aspx?sid=508.

    8 Bloom, D., Gardenhire-Crooks, A., & Mandsager, C. (2009). Reengaging high school dropouts: Early results of the National Guard Youth ChalleNGe Program evaluation. New York, NY: MDRC; Cave, G., Bos, H., Doolittle, F., & Toussaint, C. (1993). JOBSTART: Final report on a program for school dropouts. New York, NY: MDRC. IES Intervention Report Available at: http://ies.ed.gov/ncee/wwc/interventionreport.aspx?sid=248; and Larson, K. A., & Rumberger, R. W. (1995). ALAS: Achievement for Latinos through Academic Success. In H. Thornton (Ed.), Staying in school. A technical report of three dropout prevention projects for junior high school students with learning and emotional disabilities. Minneapolis, MN: University of Minnesota, Institute on Community Integration. IES Intervention Report Available at: http://ies.ed.gov/ncee/wwc/interventionreport.aspx?sid=22.

    The Department expects that any high school reform strategy would, at a minimum, be designed to improve outcomes for all students in a school, and these strategies may be composed from a variety of activities and interventions, including, but not limited to, those outlined above. In addition, for this proposed priority, we are also interested in projects that are designed to prepare students with the skills necessary to succeed in postsecondary programs, such as critical thinking, persistence, solving complex and non-routine problems, making arguments using evidence, and communicating effectively.

    To better ensure that projects addressing this proposed priority will improve outcomes for high-need students, and to ensure that this proposed priority serves the populations intended by Congress, we seek projects that will be implemented in high schools that are eligible to operate Title I schoolwide programs under Section 1114 of the Elementary and Secondary Education Act of 1965, as amended. Through this proposed priority, we aim to expand the development, use, and evidence base of effective strategies for helping high-need students attain the skills they need to succeed in college, career, and life.

    Proposed Priority—Implementing Comprehensive High School Reform and Redesign

    Under this priority, we provide funding to support comprehensive high school reform and redesign strategies in high schools eligible to operate Title I schoolwide programs under section 1114 of the Elementary and Secondary Education Act of 1965, as amended. These strategies must be designed to increase the number and percentage of students who graduate from high school college- and career-ready and enroll in college, other postsecondary education, or other career and technical education.

    These strategies could include elements such as implementing a rigorous college- and career-ready curriculum; providing accelerated learning opportunities; supporting personalized learning; developing robust links between student work and real-world experiences to better prepare students for their future; improving the readiness of students for post-secondary education in STEM fields; or reducing the need for remediation, among others.

    Types of Priorities

    When inviting applications for a competition using one or more priorities, we designate the type of each priority as absolute, competitive preference, or invitational through a notice in the Federal Register. The effect of each type of priority follows:

    Absolute priority: Under an absolute priority, we consider only applications that meet the priority (34 CFR 75.105(c)(3)).

    Note:

    In the i3 competition, each application must choose to address one of the absolute priorities and projects are grouped by that absolute priority for the purposes of peer review and funding determinations. In FY 2015, Congress directed the Department to establish the priority proposed in this document as an absolute priority.

    Competitive preference priority: Under a competitive preference priority, we give competitive preference to an application by (1) awarding additional points, depending on the extent to which the application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) selecting an application that meets the priority over an application of comparable merit that does not meet the priority (34 CFR 75.105(c)(2)(ii)).

    Invitational priority: Under an invitational priority, we are particularly interested in applications that meet the priority. However, we do not give an application that meets the priority a preference over other applications (34 CFR 75.105(c)(1)).

    Final Priority

    We will announce the final priority in a notice in the Federal Register. We will determine the final priority after considering responses to this notice and other information available to the Department. This notice does not preclude us from proposing additional priorities, requirements, definitions, or selection criteria, subject to meeting applicable rulemaking requirements.

    Note:

    This notice does not solicit applications. In any year in which we choose to use this priority, we invite applications through a notice in the Federal Register.

    Executive Orders 12866 and 13563 Regulatory Impact Analysis

    This proposed regulatory action, i.e., the addition of the proposed priority for implementing comprehensive high school reform and redesign, is not a significant regulatory action subject to review by OMB under section 3(f) of Executive Order 12866.

    We have also reviewed this proposed regulatory action under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, Executive Order 13563 requires that an agency—

    (1) Propose or adopt regulations only upon a reasoned determination that their benefits justify their costs (recognizing that some benefits and costs are difficult to quantify);

    (2) Tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives and taking into account—among other things and to the extent practicable—the costs of cumulative regulations;

    (3) In choosing among alternative regulatory approaches, select those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity);

    (4) To the extent feasible, specify performance objectives, rather than the behavior or manner of compliance a regulated entity must adopt; and

    (5) Identify and assess available alternatives to direct regulation, including economic incentives—such as user fees or marketable permits—to encourage the desired behavior, or provide information that enables the public to make choices.

    Executive Order 13563 also requires an agency “to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible.” The Office of Information and Regulatory Affairs of OMB has emphasized that these techniques may include “identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes.”

    We are issuing this proposed priority only on a reasoned determination that their benefits would justify their costs. In choosing among alternative regulatory approaches, we selected those approaches that would maximize net benefits. Based on the analysis that follows, the Department believes that this regulatory action is consistent with the principles in Executive Order 13563.

    We also have determined that this regulatory action would not unduly interfere with State, local, and tribal governments in the exercise of their governmental functions.

    In accordance with both Executive orders, the Department has assessed the potential costs and benefits, both quantitative and qualitative, of this regulatory action. The potential costs associated with this regulatory action are those resulting from statutory requirements and those we have determined as necessary for administering the Department's programs and activities.

    Intergovernmental Review: This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. One of the objectives of the Executive order is to foster an intergovernmental partnership and a strengthened federalism. The Executive order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance.

    This document provides early notification of our specific plans and actions for this program.

    Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT.

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: March 11, 2015. Nadya Chinoy Dabby, Assistant Deputy Secretary for Innovation and Improvement.
    [FR Doc. 2015-05956 Filed 3-16-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 223 and 648 [Docket No. 141125999-5195-01] RIN 0648-BE68 Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery and Northeast Multispecies Fishery; Framework Adjustment 26; Endangered and Threatened Wildlife; Sea Turtle Conservation AGENCY:

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

    ACTION:

    Proposed rule; request for comments.

    SUMMARY:

    NMFS proposes to approve and implement through regulations measures included in Framework Adjustment 26 to the Atlantic Sea Scallop Fishery Management Plan, which the New England Fishery Management Council adopted and submitted to NMFS for approval. The purpose of Framework 26 is to prevent overfishing, improve yield-per-recruit, and improve the overall management of the Atlantic sea scallop fishery. The Framework 26 proposed measures would also: Close a portion of the Elephant Trunk Access Area and extend the boundaries of the Nantucket Lightship Access Area to protect small scallops; adjust the State Waters Exemption Program; allow for Vessel Monitoring System declaration changes for vessels to steam home with product on board; implement a proactive accountability measure to protect windowpane flounder and yellowtail flounder; align two gear measures designed to protect sea turtles; and implement other measures to improve the management of the scallop fishery. Aligning the gear designed to protect sea turtles involves modifying existing regulations implemented under the Endangered Species Act; therefore, this action would be implemented under joint authority of the Endangered Species Act and the Magnuson-Stevens Fishery Conservation and Management Act.

    DATES:

    Comments must be received by April 1, 2015.

    ADDRESSES:

    The Council developed an environmental assessment (EA) for this action that describes the proposed measures and other considered alternatives and provides a thorough analysis of the impacts of the proposed measures and alternatives. Copies of the Framework, the EA, and the Initial Regulatory Flexibility Analysis (IRFA), are available upon request from Thomas A. Nies, Executive Director, New England Fishery Management Council, 50 Water Street, Newburyport, MA 01950.

    You may submit comments on this document, identified by NOAA-NMFS-2015-0002, by either of the following methods:

    Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0002, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: John K. Bullard, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope, “Comments on Scallop Framework 26 Proposed Rule.”

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

    Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this proposed rule may be submitted to the Greater Atlantic Regional Fisheries Office and by email to [email protected] or fax to (202) 395-5806.

    FOR FURTHER INFORMATION CONTACT:

    Emily Gilbert, Fishery Policy Analyst, 978-281-9315.

    SUPPLEMENTARY INFORMATION: Background

    The scallop fishery's management unit ranges from the shorelines of Maine through North Carolina to the outer boundary of the Exclusive Economic Zone. The Scallop Fishery Management Plan (FMP), established in 1982, includes a number of amendments and framework adjustments that have revised and refined the fishery's management. The Council sets scallop fishery specifications through framework adjustments that occur annually or biennially. This annual action includes allocations for fishing year 2015, as well as other scallop fishery management measures.

    The Council adopted Framework 26 on November 20, 2014, and submitted it to NMFS on February 17, 2015, for review and approval. Framework 26 specifies measures for fishing year 2015, but includes fishing year 2016 measures that will go into place as a default, should the next specifications-setting framework be delayed beyond the start of fishing year 2016. NMFS will implement Framework 26, if approved, after the start of fishing year 2015; 2015 default measures concerning allocations have been in place as of March 1, 2015. These default measures are more conservative than the Framework 26 proposed allocations and would be replaced by the higher Framework 26 allocations if this action is approved. The Council has reviewed the Framework 26 proposed rule regulations as drafted by NMFS and deemed them to be necessary and appropriate as specified in section 303(c) of the MSA.

    Specification of Scallop Overfishing Limit (OFL), Acceptable Biological Catch (ABC), Annual Catch Limits (ACLs), Annual Catch Targets (ACTs), and Set-Asides for the 2015 Fishing Year and Default Specifications for Fishing Year 2016

    The proposed allocations incorporate new biomass reference points that resulted from the Northeast Fisheries Science Center's most recent scallop stock benchmark assessment that was completed in July 2014. The assessment reviewed and updated the data and models used to assess the scallop stock and ultimately updated the reference points for status determinations. The scallop stock is considered overfished if the biomass is less than half of the biomass at maximum sustainable yield (Bmsy), and overfishing is occurring if fishing mortality (F) is above the fishing mortality at maximum sustainable yield (Fmsy). The assessment continues to find that the scallop resource is not overfished and overfishing is not occurring, but the estimates for Fmsy and Bmsy have changed. A comparison of the old and new reference points is outlined in Table 1.

    Table 1—Summary of Old and New Scallop Reference Points From the Last Two Benchmark Scallop Stock Assessments in 2010 and 2014 2010
  • Assessment
  • 2014
  • Assessment
  • Fmsy 0.38 0.48. Bmsy 125,000 mt 96,480 mt. 1/2 Bmsy 62,000 mt 48,240 mt.

    Due to these reference point updates, the fishing mortality rates that the Council uses to set OFL, ABC, and ACL would be updated through this action. The proposed OFL was set based on an F of 0.48, equivalent to the F threshold updated through the 2014 assessment. The proposed ABC and the equivalent total ACL for each fishing year are based on an F of 0.38, which is the F associated with a 25-percent probability of exceeding the OFL. The Council's Scientific and Statistical Committee recommended scallop fishery ABCs for the 2015 and 2016 fishing years of 55.9 M lb (25,352 mt) and 70.1 M lb (31,807 mt), respectively, after accounting for discards and incidental mortality. The Scientific and Statistical Committee will reevaluate an ABC for 2016 when the Council develops the next framework adjustment.

    Table 2 outlines the proposed scallop fishery catch limits that are derived from the ABC values. After deducting the incidental target total allowable catch (TAC) and the research and observer set-asides, the remaining ACL available to the fishery is allocated according to the fleet proportions established in Amendment 11 to the Scallop FMP (72 FR 20090; April 14, 2008): 94.5 percent allocated to the limited access (LA) scallop fleet (i.e., the larger “trip boat” fleet); 5 percent allocated to the limited access general category (LAGC) individual fishing quota (IFQ) fleet (i.e., the smaller “day boat” fleet); and the remaining 0.5 percent allocated to LA scallop vessels that also have LAGC IFQ permits. These separate ACLs and their corresponding ACTs are referred to as sub-ACLs and sub-ACTs, respectively, throughout this action. Amendment 15 to the Scallop FMP (76 FR 43746; July 21, 2011) specified that no buffers to account for management uncertainty are necessary in setting the LAGC sub-ACLs, meaning that the LAGC sub-ACL would equal the LAGC sub-ACT. As a result, the LAGC sub-ACL values in Table 2, based on an F of 0.38, represent the amount of catch from which IFQ percentage shares will be applied to calculate each vessel's IFQ for a given fishing year. For the LA fleet, the management uncertainty buffer is based on the F associated with a 75-percent probability of remaining below the F associated with ABC/ACL, which, using the updated Fs applied to the ABC/ACL, now results in an F of 0.34.

    Table 2—Scallop Catch Limits for Fishing Years 2015 and 2016 for the LA and LAGC IFQ Fleets 2015
  • (mt)
  • 2016
  • (mt)
  • Overfishing Limit 38,061 45,456 ABC/ACL w/discards removed 25,352 31,807 Incidental TAC 22.7 22.7 Research Set-Aside (RSA) 567 567 Observer Set-aside (1 percent of ABC/ACL) 254 318 LA sub-ACL (94.5 percent of total ACL, after deducting set-asides and incidental catch) 23,161 29,200 LA sub-ACT (adjusted for management uncertainty) 19,311 23,016 LAGC IFQ sub-ACL (5.0 percent of total ACL, after deducting set-asides and incidental catch) 1,225 1,545 LAGC IFQ sub-ACL for vessels with LA scallop permits (0.5 percent of total ACL, after deducting set-asides and incidental catch) 123 154

    This action would deduct 567 mt of scallops annually for 2015 and 2016 from the ABC and set it aside as the Scallop RSA to fund scallop research and to compensate participating vessels through the sale of scallops harvested under RSA projects. As of March 1, 2015, this set-aside was available for harvest by RSA-funded projects in open areas. Framework 26 would allow RSA to be harvested from the Mid-Atlantic Access Areas that is proposed to be open for 2015, once this action is approved and implemented, but would prevent RSA harvesting from access areas under 2016 default measures. Of this 1.25 M lb (567 mt) allocation, NMFS has already allocated 397,470 lb (180.3 mt) to previously funded multi-year projects as part of the 2014 RSA awards process. NMFS has reviewed proposals submitted for consideration of 2015 RSA awards and will be selecting projects for funding in the near future.

    This action would also set aside 1 percent of the ABC for the industry-funded observer program to help defray the cost of scallop vessels that carry an observer. The observer set-asides for fishing years 2015 and 2016 are 254 mt and 318 mt, respectively. The 2016 observer set-aside may be adjusted by the Council when it develops specific, non-default measures for 2016.

    Open Area Days-at-Sea (DAS) Allocations

    This action would implement vessel-specific DAS allocations for each of the three LA scallop DAS permit categories (i.e., full-time, part-time, and occasional) for 2015 and 2016 (Table 3). Proposed 2015 DAS allocations are almost identical to those allocated to the LA fleet in 2014 (31 DAS for full-time, 12 DAS for part-time, and 3 DAS for occasional vessels). Fishing year 2016 DAS allocations are precautionary, and are set at 75 percent of what current biomass projections indicate could be allocated to each LA scallop vessel for the entire fishing year. This is to avoid over-allocating DAS to the fleet in the event that the framework that would set those allocations, if delayed past the start of the 2016 fishing year, estimates that DAS should be less than currently projected. The proposed allocations in Table 3 exclude any DAS deductions that are required if the LA scallop fleet exceeded its 2014 sub-ACL. In addition, these DAS values take into account a slight DAS reduction necessary for the implementation of another proposed measure discussed later on in this rule (See Adjustment to Vessel Monitoring System (VMS) Declaration Procedures for Some Open Area Trips). If this measure, which would allow for vessels on specific trips to end their open area trip and DAS accrual sooner than they can under current regulations, is not approved, the DAS allocations in Table 3 would increase by 0.14 DAS and 0.06 DAS for full-time and part-time vessels, respectively (there would be no change for occasional vessels, and there are currently no vessels issued the occasional permit type in the LA scallop fleet). In addition, the Council requested that DAS allocations now be specified to the hundredth decimal place, rather than rounding up or down to whole DAS. This is consistent with DAS accounting as vessels use DAS throughout the year.

    Table 3—Scallop Open Area DAS Allocations for 2015 and 2016 Permit
  • category
  • 2015 2016
    Full-Time 30.86 26.00 Part-Time 12.94 10.40 Occasional 2.58 2.17

    On March 1, 2015, full-time, part-time, and occasional vessels received 17, 7, and 1 DAS, respectively. These allocations would increase as soon as Framework 26 is implemented, if approved.

    LA Allocations and Trip Possession Limits for Scallop Access Areas

    For fishing year 2015 and the start of 2016, Framework 26 would close all three Georges Bank Access Areas (i.e., Nantucket Lightship (NLS), Closed Area 1, and Closed Area 2 Access Areas) and open all three Mid-Atlantic Access Areas (i.e., Elephant Trunk, Delmarva, and Hudson Canyon Access Areas). This action proposes to extend the boundaries of the NLS Access Area that would close to the scallop fleet to include a concentration of small scallops near the existing boundary along the southeast corner, currently considered part of the open area. This proposed closure area, which would increase the NLS Access Area boundary by 158 square miles, would be reconsidered in a future framework action when the scallops are larger and ready for harvest.

    As for the Mid-Atlantic Access Areas, this action proposes that all three access areas be open to both the LA and LAGC IFQ fleet, and be treated as one single area, which this rule will now refer to as the Mid-Atlantic Access Area. Scallop vessels would be able to fish across all three areas in a single access area trip. There is one the exception: This action proposes six 10-minute squares (i.e., 549 square nautical miles) in the northwest corner of the Elephant Trunk Access Area be closed to protect small scallops. This area constitutes roughly 35 percent of the current Elephant Trunk Access Area. The closure would allow for the small concentrations of scallops in this portion of the access area to be protected as they grow to a more harvestable size. This action proposes that no transiting be allowed across this small area due to its small size and the incentive to fish in the area is relatively high due to the high abundance of scallops.

    Table 4 outlines the proposed LA allocations that can be fished from the Mid-Atlantic Access Area, which could be taken in as many trips as needed, so long as the trip possession limits (also in Table 4) are not exceeded. These proposed access area allocations for 2015 represent a 112-percent increase in access area allocations compared to 2014.

    Table 4—Scallop Access Area Poundage Allocations and Trip Possession Limits for 2015 and 2016 Permit category Possession limits 2015 Allocation 2016 Allocation Full-Time 17,000 lb (7,711 kg) 51,000 lb (23,133 kg) 17,000 lb (7,711 kg). Part-Time 10,200 lb ( 4,627 kg) 20,400 lb ( 9,253 kg) 10,200 lb (4,627 kg). Occasional 1,420 lb (644 kg) 4,250 lb ( 1,928 kg) 1,420 lb ( 644 kg).

    This action also proposes to modify access area trip reporting procedures by requiring that each LA vessel submit a pre-landing notification form through its VMS unit prior to returning to port at the end of each access area trip, including trips where no scallops were landed. These pre-landing notifications would replace the current broken trip and compensation trip procedures. Vessels would no longer be required to submit a broken trip notification form if they are unable to land their full possession limits on an access area trip. Vessels would also no longer need to apply to NMFS to receive, or wait for NMFS to issue, a compensation trip to fish their remaining access area scallop allocation.

    For example, under Framework 26 access area allocations, a full-time vessel receives 51,000 lb (23,133 kg) in the Mid-Atlantic Access Area, which can be landed on as many or as few trips as needed, so long as the 17,000-lb (7,711-kg) possession limit is not exceeded on any one trip. The vessel may choose to fish its full allocation over the course of three trips, landing the maximum allowance of 17,000 lb (7,711 kg) on each trip, or it can choose to fish its full allocation over the course of four, five, or more trips, landing less than the trip possession limit on each trip. Regardless, the vessel must submit a pre-landing notification form prior to returning to port for each access area trip, and would not have to wait for NMFS to issue a compensation trip prior to starting its next access area trip.

    This action would also modify the procedures for when scallop access area allocation can be carried over to the next fishing year. Under the current regulations, vessel may fish for a previous year's unharvested scallop access area allocation in the first 60 days of a fishing year if the vessel broke a trip in the last 60 days of the previous fishing year or open season for an access area. In many cases, vessels in the last 60 days of the fishing year simply crossed the VMS Demarcation Line, submitted a broken trip report through their VMS unit, and returned to port. This caused confusion and created a high number of cases for NMFS to review as the fishing year came to an end. Under the proposed measures, each vessel would automatically carry over unharvested access area allocation that the vessel could fish in the first 60 days of the subsequent fishing year, as long as the access area is open for scallop fishing during that time. This change would result in little change to the amount of carryover NMFS expects from year to year because most vessels took advantage of the broken trip provisions. Also, Framework 26 accounts for the uncertainty associated with carryover by setting the LA fishery's ACT lower than the fishery's ACL. This ensures that carryover would not cause an ACL to be exceeded from year to year.

    Although vessel owners would ultimately be responsible for tracking their own scallop access area landings and ensuring they do not exceed their annual allocations, NMFS would match dealer-reported scallop landing records with access area trip declarations and make that information available on Fish-On-Line.

    Additional Measures To Reduce Impacts on Small Scallops

    1. Crew Limit Restrictions in Access Areas. Similar to the crew limit restrictions NMFS implemented in Delmarva in 2014, this action proposes crew limits for all access areas. Currently, LA scallop vessels have crew size limits when fishing in open areas: Vessels are limited to seven individuals when fishing on a DAS, or five individuals if the vessel is on a DAS and participating in the small dredge program. These limits have been in place to restrict the shucking capacity of a vessel to help reduce landings per unit effort while on DAS. In an effort to protect small scallops and discourage vessels from high-grading (discarding smaller scallops in exchange for larger ones), Framework 26 would impose a crew limit of eight individuals per LA vessel, including the captain, when fishing in any scallop access area. If a vessel is participating in the small dredge program, it may not have more than six people on board, including the operator, on an access area trip. These crew limits may be reevaluated in a future framework action.

    2. Delayed Harvesting of Default 2016 Mid-Atlantic Access Area Allocations. Although the Framework would include precautionary access area allocations for the 2016 fishing year (see 2016 allocations in Table 4), vessels would have to wait to fish these allocations until April 1, 2016. This precautionary measure is designed to protect scallops when scallop meat weights are lower than other times of the year (generally, this change in meat-weight is a physiological change in scallops due to spawning). However, if a vessel has not fully harvested its 2015 scallop access area allocation in fishing year 2015, it may still fish the remainder of its allocation in the first 60 days of 2016 (i.e., March 1, 2016, through April 29, 2016).

    3. 2016 RSA Harvest Restrictions. This action proposes that vessels participating in RSA projects would be prohibited from harvesting RSA under default 2016 measures. At the start of 2016, RSA could only be harvested from open areas. This would be re-evaluated for the remainder of 2016 in the framework action that would set final 2016 specifications.

    LAGC Measures

    1. Sub-ACL for LAGC vessels with IFQ permits. For LAGC vessels with IFQ permits, this action proposes a 1,225-mt ACL for 2015 and an initial ACL of 1,545 mt for 2016 (Table 2). We calculate IFQ allocations by applying each vessel's IFQ contribution percentage to these ACLs. These allocations assume that no LAGC IFQ AMs are triggered. If a vessel exceeds its IFQ in a given fishing year, its IFQ for the subsequent fishing year would be reduced by the amount of the overage.

    Because Framework 26 would not go into effect until after the March 1 start of fishing year 2015, the default 2015 IFQ allocations were automatically triggered. These default 2015 IFQ allocations are lower than those proposed in Framework 26. If approved, this action would increase the current vessel IFQ allocations. NMFS sent a letter to IFQ permit holders providing both March 1, 2015, IFQ allocations and Framework 26 proposed IFQ allocations so that vessel owners know what mid-year adjustments would occur if Framework 26 is approved.

    2. Sub-ACL for LA Scallop Vessels with IFQ Permits. For LA scallop vessels with IFQ permits, this action proposes a 123 mt ACL for 2015 and an initial 154 mt ACL for 2016 (Table 2). We calculate IFQ allocations by applying each vessel's IFQ contribution percentage to these ACLs. These allocations assume that no LAGC IFQ AMs are triggered. If a vessel exceeds its IFQ in a given fishing year, its IFQ for the subsequent fishing year would be reduced by the amount of the overage.

    3. LAGC IFQ Trip Allocations and Possession Limits for Scallop Access Areas. Framework 26 proposes that LAGC IFQ vessels would receive a fleetwide number of trips that could be taken in the Mid-Atlantic Access Area. Framework 26 would allocate 2,065 and 602 trips in 2015 and 2016, respectively, to this area. Under default 2016 measures, LAGC IFQ vessels must wait to fish these trips until April 1, 2016.

    These trip allocations are equivalent to the overall proportion of total catch from access areas compared to total catch. For example, the total projected catch for the scallop fishery in 2015 is 20,865 mt, and 8,700 mt are projected to come from access areas, roughly 41.7 percent. If the same proportion is applied to total LAGC IFQ catch, the total allocation to LAGC IFQ vessels from access areas would be about 600 mt, roughly 44.5 percent of the total LAGC IFQ sub-ACL for 2015 (1,348 mt).

    4. NGOM TAC. This action proposes a 70,000-lb (31,751-kg) annual NGOM TAC for fishing years 2015 and 2016. The allocation for 2015 assumes that there are no overages in 2014, which would trigger a pound-for-pound deduction in 2015 to account for the overage.

    5. Scallop Incidental Catch Target TAC. This action proposes a 50,000-lb (22,680-kg) scallop incidental catch target TAC for fishing years 2015 and 2016 to account for mortality from this component of the fishery, and to ensure that F targets are not exceeded. The Council and NMFS may adjust this target TAC in a future action if vessels catch more scallops under the incidental target TAC than predicted.

    Adjustments to Gear Modifications To Protect Sea Turtles

    This action proposes to adjust season regulations for the sea turtle deflector dredge (TDD) and area regulations for the sea turtle chain mat to make them consistent. Currently, turtle chain mats are required in the area south of 41°9′ N. lat. from May through November, and the TDD is required west of 71° W. long. from May through October. When used together, chain mats and TDDs are thought to increase the conservation benefit to sea turtles, because chain mats help reduce the impact to turtles from interactions occurring in the water column, and the TDD helps reduce the impact to turtles from interactions with the dredge frame on the sea floor (DuPaul et al. 2004; Smolowitz et al. 2010). By making the area and season for these two gear modifications consistent, west of 71° W. long. from May through November, the conservation benefit of the current chain mat and TDD requirements is maintained, while reducing the regulatory complexity of differing seasons and areas. Any reduction in the size of the area that chain mats would be required (east of 71° W. long. and south of 41°9′ N. lat.) is balanced by an extension of the season that TDDs would be required (the month of November). In addition, this action also proposes a very slight modification to the TDD gear regulations for safety purposes. When the Council first approved the TDD, it included the allowance of a flaring bar to ensure safe handling of the dredge. At the time, the Council specified that this flaring bar should only be attached to the dredge frame on one side. Since the TDD's implementation, there has been some interest to attach the flaring bar in a “u” shape, which could be attached on the inside or outside of the bale bar, but the current regulations unnecessarily prohibit this. This action proposes to adjust this regulation to allow for a bar or “u”-shaped flaring mechanism to support safety at sea. Allowing a u-shaped flaring mechanism should not have an impact on sea turtles and the effectiveness of the TDD because the flaring bar or mechanism would still be prohibited from being attached within 12 inches (30.5 cm) of the “bump out” of the TDD and not between the bale bars. This change would require that each side of the bar or mechanism be no more than 12 inches (30.5 cm) in length.

    This action would not change any other regulatory requirements for the use of chain mats and TDDs.

    Adjustment to Vessel Monitoring System (VMS) Declaration Procedures for Some Open Area Trips

    This action would enable a vessel to declare out of a DAS trip at or south of Cape May, NJ (specifically, at or south of 39° N. lat.), once it goes inside the VMS demarcation line, and then, with scallops on board, steam seaward of the VMS demarcation line to ports south of Cape May, NJ, without being charged DAS. This measure does not apply to vessels that intend to land scallops in ports north of Cape May, NJ. Once this change in declaration to “declare out of fishery” has been made, vessels would be required to submit a scallop pre-landing notification form through VMS, return directly to port and offload scallops immediately, and stow all gear. In addition, such vessels would be prohibited from having on board any in-shell scallops.

    The purpose of this measure is to help increase incentive for vessels to land scallops in the southern part of the mid-Atlantic by reducing some of the steaming time to return to those more distant ports. Due to the location of the access areas in the mid-Atlantic, which were at one point primary traditional open area fishing grounds, vessels from Virginia and North Carolina fishing on open area DAS trips have to steam for a long period of time to reach productive open area fishing grounds. Vessels are currently allowed to start their open area DAS trip landward of the VMS Demarcation Line, but not necessarily from port, but are required to accrue DAS when harvested scallops are on board, so their return steam from an open area trip counts against their DAS allocation. Over time, as DAS have been reduced dramatically and with increased fuel costs, vessels have more incentive to land near these primary fishing grounds (i.e., in New Bedford, MA, or Cape May, NJ) to avoid being charged for DAS steaming back to southern ports farther away that would most impact their DAS allocations. This decrease in landings to particular states over time has had a great impact on shoreside businesses that depend upon a stable stream of landings.

    Because this change in when some vessels may “clock out” of their DAS could impact overall DAS allocations to the fleet, this action also proposes an overall DAS deduction to each LA scallop vessel. The proposed DAS adjustment (which has already been calculated into the DAS allocations proposed in Table 3) would be a decrease of 0.14 DAS for full-time vessels and 0.06 DAS for part-time vessels. This entire measure, including the appropriate DAS deductions, was supported by the Council's Advisory Panel.

    Adjustments to the State Water Exemption Program To Include Northern Gulf of Maine (NGOM) Management Area Exemptions

    Framework 26 proposes to modify the State Water Exemption Program to include a new exemption that would enable scallop vessels to continue to fish in state waters after the NGOM hard TAC is reached.

    The current State Water Exemption Program has been in place since Framework 2 to the Scallop FMP (November 21, 1994; 59 FR 59967). At that time, the purpose of the program was to allow Federal permit holders to compete in the state waters fishery on a more equitable basis where Federal and state laws are inconsistent and to encourage vessels with general category permits (open access, at the time) to fish under the exemption program and continue to submit catch and effort data. This program specifies that a state with a scallop fishery may be eligible for state waters exemptions if it has a scallop conservation program that does not jeopardize the biomass and fishing mortality/effort limit objectives of the Scallop FMP. If a state is found to be eligible for the State Waters Exemption Program, federally permitted scallop vessels fishing in that state's waters may be exempted from a limited number of Federal scallop regulations: LA scallop vessels could fish in state waters outside of scallop DAS, and LA and LAGC scallop vessels could be exempt from Federal gear and possession limit restrictions.

    This action proposes to expand the exemptions to include this new measure related to the NGOM. Specifically, states within the NGOM management area (i.e., Massachusetts, New Hampshire, and Maine) could request an exemption from the regulations requiring that scallop vessels must stop fishing in the state waters portion of the NGOM once the Federal TAC has been reached. States would have to apply for this exemption and specify to which vessels this would apply (i.e., vessels with NGOM permits, IFQ permits, incidental permits, and/or LA permits).

    Currently, a vessel issued a NGOM or IFQ permit can declare a state-only NGOM scallop trip and fish for scallops exclusively in state waters without those landings being attributed to the Federal TAC, but must cease scallop fishing entirely for the remainder of the year, along with all other scallop vessels, once the Federal TAC is reached. To date this has not been an issue because the Federal NGOM catch has been well below the TAC. However, total catch in both Federal and state waters in this area is increasing, and Maine permit holders are concerned about their ability to fish in state waters when the state season is open in the winter if the NGOM TAC is reached. This measure would alleviate those concerns by giving the state the ability to apply for an exemption through the State Water Exemption Program. Because the NGOM Federal TAC is set based only on the Federal portion of the resource, NMFS does not expect this measure to compromise the FMP's limits on catch and mortality.

    The process for applying to the State Waters Exemption Program, as outlined in the regulations, would remain the same. In order for NMFS to make a determination of whether or not a state waters exemption is warranted for a particular state's waters, a state must submit a request for the exemption so that we can fully evaluate the scope of the potential fishery in the state's waters. Such a request would need to include the following information: A complete description of scallop fishing regulations in state waters; the number of vessels and trips that could be expected in state waters; the average landings per trip for vessels fishing in state waters; and the average per-pound value of scallops landed by vessels fishing for scallops in state waters. If the information provided supports a conclusion that a particular state's scallop fishery is consistent with the FMP relative to the State Waters Exemption Program, NMFS would then publish the requested exemptions from DAS, gear, and possession limits, and NGOM closures, in a notice in the Federal Register, consistent with the Administrative Procedure Act.

    Proactive Accountability Measures (AMs) for Flatfish Protection

    Currently, all scallop vessels (i.e., LA and LAGC) fishing for scallops with dredges in open areas west of 71° W. long. are required to have their dredges configured so that no dredge has more than seven rows of rings in the apron (i.e., the area between the terminus of the dredge (clubstick) and the twine top) on the topside of the dredge. The twine top helps finfish (flatfish in particular) escape from the dredge during fishing and the maximum number of rows of rings prevents fishermen from making the twine top small and ineffective in reducing bycatch. Framework 26 proposes to extend this proactive accountability measure to all areas where scallop fishing occurs (i.e., all access and open areas). This increased spatial coverage may further reduce flatfish bycatch by preventing dredge configurations using more than seven rows of rings, which is currently required east of 71° W. long. for some scallop vessels fishing in open areas. This is considered to be a proactive AM because it may help the fishery stay below the sub-ACLs for flatfish (yellowtail flounder and windowpane flounder, currently). Additionally, this measure would enable vessels to voluntarily fish with an even shorter apron (less than seven rings), to proactively reduce flatfish bycatch in any area or season.

    Regulatory Corrections Under Regional Administrator Authority

    This proposed rule includes several revisions to the regulatory text to address text that is unnecessary, outdated, unclear, or otherwise could be improved. NMFS proposes these changes consistent with section 305(d) of the MSA which provides that the Secretary of Commerce may promulgate regulations necessary to ensure that amendments to an FMP are carried out in accordance with the FMP and the MSA. Two revisions clarify how to apply and measure gear modifications to ensure compliance. The first revision at § 648.51 would clarify where to measure meshes to ensure twine top compliance. The second revision at § 648.53 clarifies an example on how the hanging ratio should be applied and measured if the windowpane reactive AM implemented through Framework 25 (June 26, 2014; 79 FR 34251) is triggered.

    This action would also modify the VMS catch report requirements at § 648.10(f)(4)(i) to only include the information actually used by NMFS to monitor flatfish bycatch. The form currently requires that the amount of yellowtail flounder discards be reported daily. This requirement has been in place since Amendment 15 (76 FR 43746; July 21, 2011), which established the yellowtail flounder AMs in the FMP. However, since Amendment 15, the scallop fishery now has other bycatch sub-ACLs and AMs (e.g., SNE/MA windowpane flounder) which are not captured in this form. In addition, current bycatch monitoring relies solely on observer reports to determine bycatch discards for these species. In order to minimize confusion and because this information is not necessary for bycatch monitoring, we propose to remove the reference to reporting yellowtail discards. Instead, the vessels will report daily scallop catch and the amount of all other species kept.

    In addition, this action would adjust the regulations at § 648.53(a) to clarify that the values for ABC/ACL stated in the regulations reflect the levels from which ACTs are set, thus they do not include estimates of discards and incidental mortality. This regulatory clarification is at the request of the Council and would more accurately reflect the process for establishing ABCs and ACLs in the scallop fishery.

    Classification

    Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant Administrator has made a preliminary determination that this proposed rule is consistent with the FMP, other provisions of the MSA, and other applicable law. In making the final determination, NMFS will consider the data, views, and comments received during the public comment period.

    This proposed rule does not contain policies with Federalism or “takings” implications as those terms are defined in E.O. 13132 and E.O. 12630, respectively.

    This proposed rule has been determined to be not significant for purposes of Executive Order 12866.

    An IRFA has been prepared, as required by section 603 of the Regulatory Flexibility Act (RFA). The IRFA consists of Framework 26 analyses, its draft IRFA, and the preamble to this action.

    Statement of Objective and Need

    This action proposes the management measures and specifications for the Atlantic sea scallop fishery for 2015, with 2016 default measures. A description of the action, why it is being considered, and the legal basis for this action are contained in Framework 26 and the preamble of this proposed rule and are not repeated here.

    Description and Estimate of Number of Small Entities to Which the Rule Would Apply

    The proposed regulations would affect all vessels with LA and LAGC scallop permits. The Framework 26 document provides extensive information on the number and size of vessels and small businesses that would be affected by the proposed regulations, by port and state (see ADDRESSES). There were 313 vessels that obtained full-time LA permits in 2013, including 250 dredge, 52 small-dredge, and 11 scallop trawl permits. In the same year, there were also 34 part-time LA permits in the sea scallop fishery. No vessels were issued occasional scallop permits. NMFS issued 212 LAGC IFQ permits in 2013 and 155 of these vessels actively fished for scallops that year (the remaining permits likely leased out scallop IFQ allocations with their permits in Confirmation of Permit History). The RFA defines a small business in shellfish fishery as a firm that is independently owned and operated and not dominant in its field of operation, with receipts of up to $5.5 M annually. Individually-permitted vessels may hold permits for several fisheries, harvesting species of fish that are regulated by several different fishery management plans, even beyond those impacted by the proposed action. Furthermore, multiple permitted vessels and/or permits may be owned by entities affiliated by stock ownership, common management, identity of interest, contractual relationships, or economic dependency. For the purposes of this analysis, “ownership entities” are defined as those entities with common ownership as listed on the permit application. Only permits with identical ownership are categorized as an “ownership entity.” For example, if five permits have the same seven persons listed as co-owners on their permit applications, those seven persons would form one “ownership entity,” that holds those five permits. If two of those seven owners also co-own additional vessels, that ownership arrangement would be considered a separate “ownership entity” for the purpose of this analysis.

    On June 1 of each year, ownership entities are identified based on a list of all permits for the most recent complete calendar year. The current ownership dataset is based on the calendar year 2013 permits and contains average gross sales associated with those permits for calendar years 2011 through 2013. Matching the potentially impacted 2013 fishing year permits described above (LA and LAGC IFQ) to calendar year 2013 ownership data results in 172 distinct ownership entities for the LA fleet and 115 distinct ownership entities for the LAGC IFQ fleet. Of these, and based on the Small Business Administration (SBA) guidelines, 154 of the LA distinct ownership entities and all 115 of the LAGC IFQ entities are categorized as small. The remaining 18 of the LA entities are categorized as large entities, all of which are shellfish businesses.

    Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements of the Proposed Rule

    The proposed action contains collection-of-information requirements subject to review and approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA). Two requirements will be submitted to OMB for approval under the NMFS Northeast Region Scallop Report Family of Forms (OMB Control No. 0648-0491).

    Under the proposed action, all 347 LA vessels would be required to submit a pre-landing notification form for each access area trip through their VMS units. This information collection is intended to improve access area trip monitoring, as well as streamline a vessel's ability to fish multiple access area trips. Although this is a new requirement, it would replace other reporting procedures currently required for breaking an access area trip and receiving permission to take a compensation trip to harvest remaining unharvested scallop pounds from an access area trip. The proposed action also includes a new requirement for some LA vessels to report a pre-landing notification form through their VMS unit before changing their open area trip declaration to a “declared out of fishery declaration,” which is expected to add a burden to a very small portion of the fleet. This requirement would only apply to a few vessels that intend to land open area scallops at ports south of Cape May, NJ, and want to steam to those ports while not using DAS. This new pre-landing requirement is necessary to enforce a measure intended to assist shoreside businesses in southern ports by providing an incentive for vessels to steam to ports far away from popular open area fishing grounds.

    Notification requires the dissemination of the following information: Operator's permit number; amount of scallop meats and/or bushels to be landed; the estimated time of arrival; the landing port and state where the scallops will be offloaded; and the vessel trip report (VTR) serial number recorded from that trip's VTR. This information would be used by the Office of Law Enforcement to monitor vessel activity and ensure compliance with the regulations.

    The burden estimates for these new requirements apply to all LA vessels. In a given fishing year, NMFS estimates that for access area reporting, each of the 313 full-time LA vessels would submit a pre-landing report 5 times (1,565 responses) and each of the 34 part-time LA vessel would submit a pre-landing report up to 3 times (102 responses), for a total of 1,667 responses. Public reporting burden for submitting these pre-landing notification forms is estimated to average 5 minutes per response with an associated cost of $1.25, that includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

    Therefore, 1,667 responses would impose total compliance costs of $2,084. While this is a new requirement, it would replace current trip termination and compensation trip reporting procedures, which were estimated to cost a total of $300 annually, so the additional burden for this new pre-landing requirement would be $1,785 ($2,085−$300), or $5.14 per vessel. This is likely an overestimate, but would account for the potential of higher access area scallop allocations in future fishing years. For the new DAS pre-landing requirements, NMFS estimates that this would likely impact 30 vessels and result in each of those vessels reporting one time a year. Public reporting burden for submitting these pre-landing notification forms is also estimated to average 5 minutes per response with an associated cost of $1.25. Therefore, the total cost of this would impose total compliance costs of $38 (30 vessels × $1.25). The total additional burden from both of these new pre-landing requirements would be $1,823.

    Public comment is sought regarding: whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the burden estimate; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information, including through the use of automated collection techniques or other forms of information technology. Send comments on these or any other aspects of the collection of information to the Regional Administrator (See ADDRESSES above), and email to [email protected], or fax to (202) 395-5806.

    Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. All currently approved NOAA collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.

    This action contains no other compliance costs. It does not duplicate, overlap, or conflict with any other Federal law.

    Federal Rules Which May Duplicate, Overlap or Conflict With This Proposed Rule

    The proposed regulations do not create overlapping regulations with any state regulations or other federal laws.

    Description of Significant Alternatives to the Proposed Action

    The preferred alternative for LA allocations, which would allocate includes 30.86 DAS and 23,133 kg of scallops to be harvested in access areas to full-time vessels, as well as close a portion of the Elephant Trunk Access Area and extend the NLS closure, is expected to positively impact profitability of small entities regulated by this action. The estimated revenues and net revenue for scallop vessels and small business entities under all considered allocations alternatives, including the preferred alternative, are expected to be higher than both the No Action alternative (i.e., 2015 default measures conservatively set through Framework 25) and status quo levels (i.e., assuming same level of access as 2014). There are four different LA allocation alternative in Framework 26. Alternative 1 is the no action alternative which would allocate scallops based on the conservative default measures in Framework 25. Alternative 2 is the basic run alternative and it would have allocated the fleet access area trips similar to past years (one access area per trip; split trips for the fleet). Alternative 3 (preferred alternative) combines all three Mid-Atlantic Access Areas and allows vessels to fish their trips in the combined area. Under Alternative 3 there are multiple options for closures to protect small scallops. The preferred alternative includes the options for a closure inside the combine Mid-Atlantic Access Area and an extension of the NLS. Finally, Alternative 4 would have set allocations similar to the basic run alternative, but reduced the overall F. The preferred alternative would have the largest revenue compared to all other alternatives in the 2015 fishing year, which would translate to higher profits (Table 5).

    Table 5—Estimated Fleet Revenue and Revenue per Limited Access Vessel in 2014 Dollars Fishing year Alternative Fleet scallop revenue (*)
  • ($ million)
  • Revenue per FT vessel Change from no action (%) % Ch. from SQ levels
    2015 ALT1. No Action 263.0 748,731 0 −45 ALT2. Basic Run 557.8 1,592,242 113 17 ALT3. NL + ETA (Preferred alt.) 578.1 1,650,451 120 21 ALT3. 3 new closures 567.1 1,618,858 116 19 ALT3. CA2 + NL 570.3 1,627,986 117 20 ALT4. Reduced F 557.6 1,591,748 113 17 SQ. Status quo 477.2 1,361,611 82 0

    Overall LAGC IFQ allocations for the preferred alternative will be 5.8 percent higher than the No Action (i.e., 2015 default allocations) and is 23 percent higher than the 2014 fishing year allocations. As a result, the preferred alternative is expected to have positive economic impacts on LAGC IFQ fishery. There are no other alternatives that would generate higher economic benefits for the scallop fishery as a whole, including the small business entities in the LAGC IFQ fishery. As for LAGC IFQ access area allocations, the preferred alternative would provide proportional access for LA and LAGC IFQ within the Mid-Atlantic Access Area (i.e., the LAGC fishery is projected to catch roughly 6.5 percent of the total 2015 projected catch of the fishery, so roughly 6.5 percent of the total access area catch available to the entire fishery could be landed on IFQ fleetwide trips), which should have positive impacts on the small business entities of the LAGC IFQ fishery by increasing flexibility and lowering costs. The preferred alternative would have higher economic benefits than No Action and compared to the 2014 access area fleetwide IFQ trip allocations, but would have lower allocations than the alternative that would have increased the number of fleetwide trips to 10.4 percent of the total access area catch.

    Because the NGOM and incidental TACs are unchanged from previous years, those proposed allocations are not expected to directly impact small business entities.

    Literature Cited DuPaul, W. D., D. B. Rudders, and R. J. Smolowitz. 2004. Industry trials of a modified sea scallop dredge to minimize the catch of sea turtles. Final Report. November 2004. VIMS Marine Resources Report, No. 2004-12. 35 pp. Smolowitz, R., H. Haas, H. O. Milliken, M. Weeks and E. Matzen. 2010. Using Sea Turtle Carcasses to Assess the Conservation Potential of a Turtle Deflector Dredge. North American Journal of Fisheries Management 30: 993-1000. List of Subjects 50 CFR Part 223

    Endangered and threatened species, Exports, Imports, Transportation.

    50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: March 6, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 223 and 648 are proposed to be amended as follows:

    PART 223—THREATENED MARINE AND ANADROMOUS SPECIES 1. The authority citation for part 223 continues to read as follows: Authority:

    16 U.S.C. 1531 1543; subpart B, § 223.201-202 also issued under 16 U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for § 223.206(d)(9).2.

    2. In § 223.206 paragraph (d)(11) is revised to read as follows:
    § 223.206 Exceptions to prohibitions relating to sea turtles.

    (d) * * *

    (11) Restrictions applicable to sea scallop dredges in the mid-Atlantic—(i) Gear Modification. During the time period of May 1 through November 30, any vessel with a sea scallop dredge and required to have a Federal Atlantic sea scallop fishery permit, regardless of dredge size or vessel permit category, that enters waters west of 71° W. long., from the shoreline to the outer boundary of the Exclusive Economic Zone must have on each dredge a chain mat described as follows. The chain mat must be composed of horizontal (“tickler”) chains and vertical (“up-and-down”) chains that are configured such that the openings formed by the intersecting chains have no more than four sides. The vertical and horizontal chains must be hung to cover the opening of the dredge bag such that the vertical chains extend from the back of the cutting bar to the sweep. The horizontal chains must intersect the vertical chains such that the length of each side of the openings formed by the intersecting chains is less than or equal to 14 inches (35.5 cm) with the exception of the side of any individual opening created by the sweep. The chains must be connected to each other with a shackle or link at each intersection point. The measurement must be taken along the chain, with the chain held taut, and include one shackle or link at the intersection point and all links in the chain up to, but excluding, the shackle or link at the other intersection point.

    (ii) Any vessel that enters the waters described in paragraph (d)(11)(i) of this section and that is required to have a Federal Atlantic sea scallop fishery permit must have the chain mat configuration installed on all dredges for the duration of the trip.

    (iii) Vessels subject to the requirements in paragraphs (d)(11)(i) and (d)(11)(ii) of this section transiting waters west of 71° W. long., from the shoreline to the outer boundary of the Exclusive Economic Zone, will be exempted from the chain-mat requirements provided the dredge gear is stowed in accordance with § 648.2 and there are no scallops on-board.

    PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 3. The authority citation for part 648 continues to read as follows: Authority:

    16 U.S.C. 1801 et seq.

    4. In § 648.10, paragraphs (e)(5)(iii) and (f)(4) are revised, and (f)(6) is added to read as follows:
    § 648.10 VMS and DAS requirements for vessel owners/operators.

    (e) * * *

    (5) * * *

    (iii) DAS counting for a vessel that is under the VMS notification requirements of paragraph (b) of this section, with the exception of vessels that have elected to fish exclusively in the Eastern U.S./Canada Area on a particular trip, as described in paragraph (e)(5) of this section, begins with the first location signal received showing that the vessel crossed the VMS Demarcation Line after leaving port. DAS counting ends with the first location signal received showing that the vessel crossed the VMS Demarcation Line upon its return to port, unless the vessel is declared into a limited access scallop DAS trip and, upon its return to port, declares out of the scallop fishery shoreward of the VMS Demarcation Line at or south of 39° N. lat., as specified in paragraph (f)(6) of this section, and lands in a port south of 39° N. lat.

    (f) * * *

    (4) Catch reports. (i) The owner or operator of a limited access or LAGC IFQ vessel that fishes for, possesses, or retains scallops, and is not fishing under a NE Multispecies DAS or sector allocation, must submit reports through the VMS, in accordance with instructions to be provided by the Regional Administrator, for each day fished, including open area trips, access area trips as described in § 648.60(a)(9), and trips accompanied by a NMFS-approved observer. The reports must be submitted for each day (beginning at 0000 hr and ending at 2400 hr) and not later than 0900 hr of the following day. Such reports must include the following information:

    (A) VTR serial number;

    (B) Date fish were caught;

    (C) Total pounds of scallop meats kept;

    (D) Total pounds of all fish kept.

    (ii) Scallop Pre-Landing Notification Form for IFQ and NGOM vessels. A vessel issued an IFQ or NGOM scallop permit must report through VMS, using the Scallop Pre-Landing Notification Form, the amount of any scallops kept on each trip declared as a scallop trip, including declared scallop trips where no scallops were landed. In addition, vessels with an IFQ or NGOM permit must submit a Scallop Pre-Landing Notification Form on trips that are not declared as scallop trips, but on which scallops are kept incidentally. A limited access vessel that also holds an IFQ or NGOM permit must submit the Scallop Pre-Landing Notification Form only when fishing under the provisions of the vessel's IFQ or NGOM permit. VMS Scallop Pre-Landing Notification forms must be submitted no less than 6 hours prior to arrival, or, if fishing ends less than 6 hours before arrival, immediately after fishing ends. If scallops will be landed, the report must include the vessel operator's permit number, the amount of scallop meats in pounds to be landed, the number of bushels of in-shell scallops to be landed, the estimated time of arrival in port, the landing port and state where the scallops will be offloaded, the VTR serial number recorded from that trip's VTR (the same VTR serial number as reported to the dealer), and whether any scallops were caught in the NGOM. If no scallops will be landed, a vessel issued an IFQ or NGOM scallop permit must provide only the vessel's captain/operator's permit number, the VTR serial number recorded from that trip's VTR (the same VTR serial number as reported to the dealer), and confirmation that no scallops will be landed. A vessel issued an IFQ or NGOM scallop permit may provide a corrected report. If the report is being submitted as a correction of a prior report, the information entered into the notification form will replace the data previously submitted in the prior report. Submitting a correction does not prevent NMFS from pursuing an enforcement action for any false reporting.

    (iii) Scallop Pre-Landing Notification Form for Limited Access Vessels fishing on Scallop Access Area Trips. A limited access vessel on a declared Sea Scallop Access Area trip must report through VMS, using the Scallop Pre-Landing Notification Form, the amount of any scallops kept on each access area trip, including declared access area trips where no scallops were landed. The report must be submitted no less than 6 hours before arrival, or, if fishing ends less than 6 hours before arrival, immediately after fishing ends. If scallops will be landed, the report must include the vessel operator's permit number, the amount of scallop meats in pounds to be landed, the number of bushels of in-shell scallops to be landed, the estimated time of arrival, the landing port and state where the scallops will be offloaded, and the VTR serial number recorded from that trip's VTR (the same VTR serial number as reported to the dealer). If no scallops will be landed, a limited access vessel on a declared Sea Scallop Access Area trip must provide only the vessel's captain/operator's permit number, the VTR serial number recorded from that trip's VTR (the same VTR serial number as reported to the dealer), and confirmation that no scallops will be landed. A limited access scallop vessel may provide a corrected report. If the report is being submitted as a correction of a prior report, the information entered into the notification form will replace the data previously submitted in the prior report. Submitting a correction does not prevent NMFS from pursuing an enforcement action for any false reporting. A vessel may not offload its catch from a Sea Scallop Access Area trip at more than one location per trip.

    (iv) Scallop Pre-Landing Notification Form for Limited Access Vessels on a Declared DAS Trip Landing Scallops at Ports Located at or South of 39° N. Lat. In order to end a declared Sea Scallop DAS trip and steam south of 39° N. lat., a limited access vessel must first report through VMS, using the Scallop Pre-Landing Notification Form, the amount of any scallops kept on its DAS trip. Upon crossing shoreward of the VMS Demarcation Line at or south of 39° N. lat., the Scallop Pre-Landing Notification form must be submitted. The report must include the vessel operator's permit number, the amount of scallop meats in pounds to be landed, the estimated time of arrival in port, the landing port and state where the scallops will be offloaded, and the VTR serial number recorded from that trip's VTR (the same VTR serial number as reported to the dealer). Prior to crossing seaward of the VMS Demarcation Line for the transit to a southern port at or south of 39° N. lat., the vessel must declare out of the scallop fishery. A limited access scallop vessel may provide a corrected report. If the report is being submitted as a correction of a prior report, the information entered into the notification form will replace the data previously submitted in the prior report. Submitting a correction does not prevent NMFS from pursuing an enforcement action for any false reporting.

    (6) Limited access scallop vessels fishing under the DAS Program and landing scallops at ports south of 39° N. Lat. If landing scallops at a port located at or south of 39° N. lat., a limited access vessel participating in the scallop DAS program may end its DAS trip once it has crossed shoreward of the VMS Demarcation Line at or south of 39° N. lat. by declaring out of the scallop fishery and submitting the Scallop Pre-Landing Notification Form, as specified at paragraph (f)(4)(iv) of this section. Once declared out of the scallop fishery, and the vessel has submitted the Scallop Pre-Landing Notification Form, the vessel may cross seaward of the VMS Demarcation Line and steam to a port at or south of 39° N. lat., to land scallops while not on a DAS. Such vessels that elect to change their declaration to steam to ports with scallops onboard and not accrue DAS must comply with all the requirements at § 648.53(f)(3).

    5. In § 648.14, paragraphs (i)(2)(ii)(B), (i)(2)(iii)(C), (i)(2)(v)(D), (i)(3)(iii)(C), (i)(3)(iii)(D), (i)(4)(i)(C), (i)(5)(iii) are revised and paragraphs (i)(2)(iv)(F) and (i)(2)(v)(E) are added to read as follows:
    § 648.14 Prohibitions.

    (i) * * *

    (2) * * *

    (ii) * * *

    (B) While under or subject to the DAS allocation program, in possession of more than 40 lb (18.1 kg) of shucked scallops or 5 bu (1.76 hL) of in-shell scallops, or fishing for scallops in the EEZ:

    (1) Fish with, or have available for immediate use, trawl nets of mesh smaller than the minimum size specified in § 648.51(a)(2).

    (2) Fail to comply with any chafing gear or other gear obstruction restrictions specified in § 648.51(a)(3).

    (3) Fail to comply with the turtle deflector dredge vessel gear restrictions specified in § 648.51(b)(5), and turtle dredge chain mat requirements in § 223.206(d)(11) of this title.

    (4) Fish under the small dredge program specified in § 648.51(e), with, or while in possession of, a dredge that exceeds 10.5 ft (3.2 m) in overall width, as measured at the widest point in the bail of the dredge.

    (5) Fish under the small dredge program specified in § 648.51(e) with more persons on board the vessel, including the operator, than specified in § 648.51(e)(3),unless otherwise authorized by the Regional Administrator.

    (6) Participate in the DAS allocation program with more persons on board the vessel than the number specified in § 648.51(c), including the operator, when the vessel is not docked or moored in port, unless otherwise authorized by the Regional Administrator.

    (7) Fish in the Mid-Atlantic Access Area, as described in § 648.59(a), with more persons on board the vessel than the number specified in § 648.51(c) or § 648.51(e)(3)(i), unless otherwise authorized by the Regional Administrator.

    (8) Have a shucking or sorting machine on board a vessel that shucks scallops at sea while fishing under the DAS allocation program, unless otherwise authorized by the Regional Administrator.

    (9) Fish with, possess on board, or land scallops while in possession of trawl nets, when fishing for scallops under the DAS allocation program, unless exempted as provided for in § 648.51(f).

    (10) Fail to comply with the gear restrictions described in § 648.51.

    (iii) * * *

    (C) Fish for or land per trip, or possess at any time, scallops in the NGOM scallop management area after notification in the Federal Register that the NGOM scallop management area TAC has been harvested, as specified in § 648.62, unless the vessel possesses or lands scallops that were harvested south of 42°20′ N. lat. and the vessel only transits the NGOM scallop management area with the vessel's fishing gear properly stowed and unavailable for immediate use in accordance with § 648.2 or unless the vessel is fishing exclusively in state waters and is participating in an approved state waters exemption program as specified in § 648.54.

    (iv) * * *

    (D) Fail to comply with any requirements for declaring out of the DAS allocation program and steaming to land scallops at ports located at or south of 39° N. lat., as specified in § 648.53(f)(3).

    (E) Possess on board or land in-shell scallops if declaring out of the DAS allocation program and steaming to land scallops at ports located at or south of 39° N. lat.

    (v) * * *

    (D) Once declared into the scallop fishery in accordance with § 648.10(f), change its VMS declaration until the trip has ended and scallop catch has been offloaded, except as specified at § 648.53(f)(3).

    (E) Fail to submit a scallop access area pre-landing notification form through VMS as specified at § 648.10(f)(4)(iii).

    (3) * * *

    (iii) * * *

    (C) Declare into the NGOM scallop management area after the effective date of a notification published in the Federal Register stating that the NGOM scallop management area TAC has been harvested as specified in § 648.62, unless the vessel is fishing exclusively in state waters, declared a state-waters only NGOM trip, and is participating in an approved state waters exemption program as specified in § 648.54.

    (D) Fish for, possess, or land scallops in or from the NGOM scallop management area after the effective date of a notification published in the Federal Register that the NGOM scallop management area TAC has been harvested, as specified in § 648.62, unless the vessel possesses or lands scallops that were harvested south of 42°20′ N. lat., the vessel is transiting the NGOM scallop management area, and the vessel's fishing gear is properly stowed and unavailable for immediate use in accordance with § 648.2 or unless the vessel is fishing exclusively in state waters, declared a state-waters only NGOM trip, and is participating in an approved state waters exemption program as specified in § 648.54.

    (4) * * *

    (i) * * *

    (C) Declare into the NGOM scallop management area after the effective date of a notification published in the Federal Register stating that the NGOM scallop management area TAC has been harvested as specified in § 648.62, unless the vessel is fishing exclusively in state waters, declared a state-waters only NGOM trip, and is participating in an approved state waters exemption program as specified in § 648.54.

    (5) * * *

    (iii) Fish for, possess, or land scallops in state or Federal waters of the NGOM management area after the effective date of notification in the Federal Register that the NGOM scallop management area TAC has been harvested as specified in § 648.62, unless the vessel is fishing exclusively in state waters, declared a state-waters only NGOM trip, and is participating in an approved state waters exemption program as specified in § 648.54.

    4. In § 648.51: a. Paragraphs (b)(4)(iv) and (v), (b)(5)(ii)(A) introductory text, (b)(5)(ii)(A)(3), and (c) introductory text are revised; b. Paragraph (c)(1) is removed and reserved; and c. Paragraph (e)(3)(i) is revised.

    The revisions read as follows:

    § 648.51 Gear and crew restrictions.

    (b) * * *

    (4) * * *

    (iv) Twine top restrictions as a proactive accountability measure for bycatch. In addition to the minimum twine top mesh size specified in paragraph (b)(2) of this section, limited access and limited access general category IFQ vessels may not fish for scallops with a dredge having more than seven rows of non-overlapping steel rings unobstructed by netting or any other material between the terminus of the dredge (club stick) and the net material on the top of the dredge (twine top) (a copy of a diagram showing a schematic of a legal dredge with twine top is available from the Regional Administrator upon request).

    (v) Measurement of twine top mesh size. Twine top mesh size is measured by using a wedge-shaped gauge having a taper of 0.79 inches (2 cm) in 3.15 inches (8 cm) and a thickness of 0.09 inches (2.3 mm), inserted into the meshes under a pressure or pull of 17.64 lb (8 kg). The mesh size is the average of the measurements of any series of 20 consecutive meshes for twine tops having 75 or more meshes, and 10 consecutive meshes for twine tops having fewer than 75 meshes. The mesh in the twine top must be measured along the length of the twine top, running parallel to a longitudinal axis, and be at least five meshes away from where the twine top mesh meets the rings, running parallel to the long axis of the twine top.

    (5) * * *

    (ii) * * *

    (A) From May 1 through November 30, any limited access scallop vessel using a dredge, regardless of dredge size or vessel permit category, or any LAGC IFQ scallop vessel fishing with a dredge with a width of 10.5 ft (3.2 m) or greater, that is fishing for scallops in waters west of 71° W long., from the shoreline to the outer boundary of the EEZ, must use a TDD. The TDD requires five modifications to the rigid dredge frame, as specified in paragraphs (b)(5)(ii)(A)(1) through (b)(5)(ii)(A)(5) of this section. See paragraph (b)(5)(ii)(D) of this section for more specific descriptions of the dredge elements mentioned below.

    (3) All bale bars must be removed, except the outer bale (single or double) bars and the center support beam, leaving an otherwise unobstructed space between the cutting bar and forward bale wheels, if present. The center support beam must be less than 6 inches (15.24 cm) wide. For the purpose of flaring and safe handling of the dredge, a minor appendage not to exceed 12 inches (30.5 cm) in length may be attached to each of the outer bale bars. If the flaring bar is attached in a u-shape, none of the three sides of the flaring bar shall exceed 12 inches (30.5 cm) in length. The appendage shall at no point be closer than 12 inches (30.5 cm) to the cutting bar.

    (c) Crew restrictions. A limited access vessel participating in or subject to the scallop DAS allocation program may have no more than seven people aboard, including the operator, and a limited access vessel participating in the Sea Scallop Area Access Program as specified in § 648.60 may have no more than eight people aboard, including the operator, when not docked or moored in port, except as follows:

    (e) * * *

    (3) * * *

    (i) A vessel participating in the Sea Scallop Area Access Program as specified in § 648.60 may have no more than six people, including the operator, on board.

    5. In § 648.53, paragraphs (a), (b)(1), and (b)(4) are revised, paragraph (f)(3) is added, and paragraph (g)(1) is revised to read as follows:
    § 648.53 Acceptable biological catch (ABC), annual catch limits (ACL), annual catch targets (ACT), DAS allocations, and individual fishing quotas (IFQ).

    (a) Scallop fishery ABC. The ABC for the scallop fishery shall be established through the framework adjustment process specified in § 648.55 and is equal to the overall scallop fishery ACL minus discards. The ABC/ACL, after discards are removed, shall be divided as sub-ACLs between limited access vessels, limited access vessels that are fishing under a LAGC permit, and LAGC vessels as specified in paragraphs (a)(3) and (a)(4) of this section, after deducting the scallop incidental catch target TAC specified in paragraph (a)(2) of this section, observer set-aside specified in paragraph (g)(1) of this section, and research set-aside specified in § 648.56(d). The ABC/ACL for the 2016 fishing year is subject to change through a future framework adjustment.

    (1) ABC/ACL for fishing years 2015 through 2016, excluding discards, shall be:

    (i) 2015: 25,352 mt.

    (ii) 2016: 31,807 mt.

    (2) Scallop incidental catch target TAC. The annual incidental catch target TAC for vessels with incidental catch scallop permits is 22.7 mt.

    (3) Limited access fleet sub-ACL and ACT. The limited access scallop fishery shall be allocated 94.5 percent of the ACL specified in paragraph (a)(1) of this section, after deducting incidental catch, observer set-aside, and research set-aside, as specified in this paragraph (a)(3). ACT for the limited access scallop fishery shall be established through the framework adjustment process described in § 648.55. DAS specified in paragraph (b) of this section shall be based on the ACTs specified in paragraph (a)(3)(ii) of this section. The limited access fleet sub-ACL and ACT for the 2016 fishing year are subject to change through a future framework adjustment.

    (i) The limited access fishery sub-ACLs for fishing years 2015 and 2016 are:

    (A) 2015: 23,161 mt.

    (B) 2016: 29,200 mt.

    (ii) The limited access fishery ACTs for fishing years 2015 and 2016 are:

    (A) 2015: 19,311 mt.

    (B) 2016: 23,016 mt.

    (4) LAGC fleet sub-ACL. The sub-ACL for the LAGC IFQ fishery shall be equal to 5.5 percent of the ACL specified in paragraph (a)(1) of this section, after deducting incidental catch, observer set-aside, and research set-aside, as specified in this paragraph (a)(4). The LAGC IFQ fishery ACT shall be equal to the LAGC IFQ fishery's ACL. The ACL for the LAGC IFQ fishery for vessels issued only a LAGC IFQ scallop permit shall be equal to 5 percent of the ACL specified in paragraph (a)(1) of this section, after deducting incidental catch, observer set-aside, and research set-aside, as specified in this paragraph (a)(4). The ACL for the LAGC IFQ fishery for vessels issued only both a LAGC IFQ scallop permit and a limited access scallop permit shall be 0.5 percent of the ACL specified in paragraph (a)(1) of this section, after deducting incidental catch, observer set-aside, and research set-aside, as specified in this paragraph (a)(4).

    (i) The ACLs for fishing years 2015 and 2016 for LAGC IFQ vessels without a limited access scallop permit are:

    (A) 2015: 1,225 mt.

    (B) 2016: 1,545 mt.

    (ii) The ACLs for fishing years 2015 and 2016 for vessels issued both a LAGC and a limited access scallop permits are:

    (A) 2015: 123 mt.

    (B) 2016: 154 mt.

    (b) * * *

    (1) Landings per unit effort (LPUE). LPUE is an estimate of the average amount of scallops, in pounds, that the limited access scallop fleet lands per DAS fished. The estimated LPUE is the average LPUE for all limited access scallop vessels fishing under DAS, and shall be used to calculate DAS specified in paragraph (b)(4) of this section, the DAS reduction for the AM specified in paragraph (b)(4)(ii) of this section, and the observer set-aside DAS allocation specified in paragraph (g)(1) of this section. LPUE shall be:

    (i) 2015 fishing year: 2,594 lb/DAS (1,171 kg/DAS).

    (ii) 2016 fishing year: 2,715 lb/DAS (1,175 kg/DAS).

    (iii) [Reserved]

    (4) Each vessel qualifying for one of the three DAS categories specified in the table in this paragraph (b)(4) (full-time, part-time, or occasional) shall be allocated the maximum number of DAS for each fishing year it may participate in the open area limited access scallop fishery, according to its category, excluding carryover DAS in accordance with paragraph (d) of this section. DAS allocations shall be determined by distributing the portion of ACT specified in paragraph (a)(3)(ii) of this section, as reduced by access area allocations specified in § 648.59, and dividing that amount among vessels in the form of DAS calculated by applying estimates of open area LPUE specified in paragraph (b)(1) of this section. Allocation for part-time and occasional scallop vessels shall be 40 percent and 8.33 percent of the full-time DAS allocations, respectively. The annual open area DAS allocations for each category of vessel for the fishing years indicated are as follows:

    Scallop Open Area DAS Allocations Permit category 2015 2016 Full-Time 30.86 26 Part-Time 12.94 10.40 Occasional 2.58 2.17

    (i) [Reserved]

    (ii) Accountability measures (AM). Unless the limited access AM exception is implemented in accordance with the provision specified in paragraph (b)(4)(iii) of this section, if the ACL specified in paragraph (a)(3)(i) of this section is exceeded for the applicable fishing year, the DAS specified in paragraph (b)(4) of this section for each limited access vessel shall be reduced by an amount equal to the amount of landings in excess of the ACL divided by the applicable LPUE for the fishing year in which the AM will apply as specified in paragraph (b)(1) of this section, then divided by the number of scallop vessels eligible to be issued a full-time limited access scallop permit. For example, assuming a 300,000-lb (136-mt) overage of the ACL in 2011, an open area LPUE of 2,500 lb (1.13 mt) per DAS in 2012, and 313 full-time vessels, each full-time vessel's DAS would be reduced by 0.38 DAS (300,000 lb (136 mt)/2,500 lb (1.13 mt) per DAS = 120 lb (0.05 mt) per DAS/313 vessels = 0.38 DAS per vessel). Deductions in DAS for part-time and occasional scallop vessels shall be 40 percent and 8.33 percent of the full-time DAS deduction, respectively, as calculated pursuant to this paragraph (b)(4)(ii). The AM shall take effect in the fishing year following the fishing year in which the overage occurred. For example, landings in excess of the ACL in fishing year 2011 would result in the DAS reduction AM in fishing year 2012. If the AM takes effect, and a limited access vessel uses more open area DAS in the fishing year in which the AM is applied, the vessel shall have the DAS used in excess of the allocation after applying the AM deducted from its open area DAS allocation in the subsequent fishing year. For example, a vessel initially allocated 32 DAS in 2011 uses all 32 DAS prior to application of the AM. If, after application of the AM, the vessel's DAS allocation is reduced to 31 DAS, the vessel's DAS in 2012 would be reduced by 1 DAS.

    (iii) Limited access AM exception. If NMFS determines, in accordance with paragraph (b)(4)(ii) of this section, that the fishing mortality rate associated with the limited access fleet's landings in a fishing year is less than 0.34, the AM specified in paragraph (b)(4)(ii) of this section shall not take effect. The fishing mortality rate of 0.34 is the fishing mortality rate that is one standard deviation below the fishing mortality rate for the scallop fishery ACL, currently estimated at 0.38.

    (iv) Limited access fleet AM and exception provision timing. The Regional Administrator shall determine whether the limited access fleet exceeded its ACL specified in paragraph (a)(3)(i) of this section by July of the fishing year following the year for which landings are being evaluated. On or about July 1, the Regional Administrator shall notify the New England Fishery Management Council of the determination of whether or not the ACL for the limited access fleet was exceeded, and the amount of landings in excess of the ACL. Upon this notification, the Scallop Plan Development Team (PDT) shall evaluate the overage and determine if the fishing mortality rate associated with total landings by the limited access scallop fleet is less than 0.34. On or about September 1 of each year, the Scallop PDT shall notify the Council of its determination, and the Council, on or about September 30, shall make a recommendation, based on the Scallop PDT findings, concerning whether to invoke the limited access AM exception. If NMFS concurs with the Scallop PDT's recommendation to invoke the limited access AM exception, in accordance with the APA, the limited access AM shall not be implemented. If NMFS does not concur, in accordance with the APA, the limited access AM shall be implemented as soon as possible after September 30 each year.

    (f) * * *

    (3) Limited access scallop vessels fishing under the DAS Program and landing scallops at a port located at or south of 39° N. Lat. If landing scallops at a port located at or south of 39° N. lat., a limited access vessel participating in the scallop DAS program may end its DAS trip once shoreward of the VMS Demarcation Line at or south of 39° N. lat. by declaring out of the scallop fishery. Once declared out of the scallop fishery, the vessel may cross seaward of the VMS Demarcation Line and steam to ports at or south of 39° N. lat., to land scallops while not on a DAS, provided that the vessel complies with the following requirements:

    (i) The vessel must submit a Scallop Pre-landing Notification Form, as specified at § 648.10(f)(4)(iv);

    (ii) The vessel's fishing gear is stowed and not available for immediate use as defined in § 648.2;

    (iii) The vessel must return directly to port and offload scallops;

    (iv) The vessel must land scallops at a port located at or south of 39° N. lat.; and

    (v) The vessel may not possess in-shell scallops.

    (g) Set-asides for observer coverage. (1) To help defray the cost of carrying an observer, 1 percent of the ABC/ACL specified in paragraph (a)(1) of this section shall be set aside to be used by vessels that are assigned to take an at-sea observer on a trip. The total TAC for observer set aside is 254 mt in fishing year 2015, and 318 mt in fishing year 2016.

    6. In § 648.54, paragraphs (a)(4) and (b) through (g) are revised and paragraph (h) is added to read as follows:
    § 648.54 State waters exemption.

    (a) * * *

    (4) The Regional Administrator has determined that the State of Maine has a scallop fishery conservation program for its scallop fishery that does not jeopardize the biomass and fishing mortality/effort limit objectives of the Scallop FMP. A vessel fishing in State of Maine waters may fish under the State of Maine state waters exemption, subject to the exemptions specified in paragraphs (b) and (c) of this section, provided the vessel is in compliance with paragraphs (e) through (g) of this section.

    (b) Limited access scallop vessel exemption. Any vessel issued a limited access scallop permit is exempt from the DAS requirements specified in § 648.53(b) while fishing exclusively landward of the outer boundary of the waters of a state that has been issued a state waters exemption under paragraph (a)(4) of this section, provided the vessel complies with paragraphs (f) through (h) of this section.

    (c) Gear and possession limit restrictions. Any vessel issued a limited access scallop permit, an LAGC NGOM, or an LAGC IFQ scallop permit is exempt from the minimum twine top mesh size for scallop dredge gear specified in §§ 648.51(b)(2) and (b)(4)(iv) while fishing exclusively landward of the outer boundary of the waters of the State of Maine under the state waters exemption specified in paragraph (a)(4) of this section, provided the vessel is in compliance with paragraphs (d) through (g) of this section.

    (d) NGOM closure exemption. Any vessel issued a Federal scallop permit may be exempt from the regulations specified in § 648.52(b)(2) requiring that once the NGOM Federal hard TAC is reached, no vessel issued a scallop permit may fish in the NGOM area. This exemption, which a state must apply for through the process specified in paragraph (a) of this section, would allow vessels to continue to fish for scallops within a state's waters inside the NGOM. A state applying for this exemption must clarify to which scallop permit types this exemption would apply.

    (e) Notification requirements. Vessels fishing under the exemptions specified in paragraph (b) and/or (c) of this section must notify the Regional Administrator in accordance with the provisions of § 648.10(e).

    (f) Restriction on fishing in the EEZ. A vessel fishing under a state waters exemption may not fish in the EEZ during the time in which it is fishing under the state waters exemption, as declared under the notification requirements of this section.

    (g) Duration of exemption. An exemption expires upon a change in the vessel's name or ownership, or upon notification through VMS by the participating vessel's owner.

    (h) Applicability of other provisions of this part. A vessel fishing under the exemptions provided by paragraphs (b) and/or (c) of this section remains subject to all other requirements of this part.

    7. Section 648.58 is revised to read as follows:
    § 648.58 Rotational Closed Areas.

    (a) Closed Area I Closed Area— No vessel may fish for scallops in, or possess or land scallops from, the area known as the Closed Area I Closed Area. No vessel may possess scallops in the Closed Area I Closed Area, unless such vessel is only transiting the area as provided in paragraph (e) of this section. The Closed Area I Closed Area is defined by straight lines connecting the following points in the order stated (copies of a chart depicting this area are available from the Regional Administrator upon request), and so that the line connecting points CAIA3 and CAIA4 is the same as the portion of the western boundary line of Closed Area I, defined in § 648.81(a)(1), that lies between points CAIA3 and CAIA4:

    Point Latitude Longitude Note CAIA1 41°26′ N. 68°30′ W. CAIA2 40°58′ N. 68°30′ W. CAIA3 40°54.95′ N. 68°53.37′ W. (1) CAIA4 41°04.32′ N. 69°01.27′ W. (1) CAIA1 41°26′ N. 68°30′ W. 1 From Point CAIA3 to Point CAIA4 along the western boundary of Closed Area I, defined in § 648.81(a)(1).

    (b) Closed Area II Closed Area— No vessel may fish for scallops in, or possess or land scallops from, the area known as the Closed Area II Closed Area. No vessel may possess scallops in the Closed Area II Closed Area. The Closed Area II Closed Area is defined by straight lines, except where noted, connecting the following points in the order stated (copies of a chart depicting this area are available from the Regional Administrator upon request):

    Point Latitude Longitude Note CAIIA1 41°00′ N. 67°20′ W. CAIIA2 41°00′ N. 66°35.8′ W. CAIIA3 41°18.6′ N. (1) (2) CAIIA4 41°30′ N. (3) (2) CAIIA5 41°30′ N. 67°20′ W. CAIIA1 41°00′ N. 67°20′ W. 1 The intersection of 41°18.6′ N. lat. and the U.S.-Canada Maritime Boundary, approximately 41°18.6′ N. lat. and 66°25.01′ W. long. 2 From Point CAIIA3 connected to Point CAIIA4 along the U.S.-Canada Maritime Boundary. 3 The intersection of 41°30′ N. lat. and the U.S.-Canada Maritime Boundary, approximately 41°30′ N. lat., 66°34.73′ W. long.

    (c) Nantucket Lightship Closed Area— No vessel may fish for scallops in, or possess or land scallops from, the area known as the Nantucket Lightship Closed Area. No vessel may possess scallops in the Nantucket Lightship Closed Area, unless such vessel is only transiting the area as provided in paragraph (e) of this section. The Nantucket Lightship Closed Area is defined by straight lines connecting the following points in the order stated (copies of a chart depicting this area are available from the Regional Administrator upon request),

    Point Latitude Longitude NLAA1 40°50′ N. 69°30′ W. NLAA2 40°50′ N. 69°00′ W. NLAA3 40°33′ N. 69°00′ W. NLAA4 40°33′ N. 68°48′ W. NLAA5 40°20′ N. 68°48′ W. NLAA6 40°20′ N. 69°30′ W. NLAA1 40°50′ N. 69°30′ W.

    (d) Elephant Trunk Closed Area— No vessel may fish for scallops in, or possess or land scallops from, the area known as the Elephant Trunk Closed Area. No vessel may possess scallops in Elephant Trunk Closed Area. The Elephant Trunk Closed Area is defined by straight lines connecting the following points in the order stated (copies of a chart depicting this area are available from the Regional Administrator upon request).

    Point Latitude Longitude ETCA 1 38°50′ N. 74°20′ W. ETCA 2 38°50′ N. 73°40′ W. ETCA 3 38°40′ N. 73°40′ W. ETCA 4 38°40′ N. 73°50′ W. ETCA 5 38°30′ N. 73°50′ W. ETCA 6 38°30′ N. 74°20′ W. ETCA 1 38°50′ N. 74°20′ W.

    (e) Transiting. No vessel possessing scallops may enter or be in the area(s) specified in paragraphs (a) and (c) of this section unless the vessel is transiting the area and the vessel's fishing gear is stowed and not available for immediate use as defined in § 648.2, or there is a compelling safety reason to be in such areas without such gear being stowed. A vessel may only transit the Closed Area II Closed Area, as described in paragraph (b) of this section, or the Elephant Trunk Closed Area, as described in paragraph (d) of this section, if there is a compelling safety reason for transiting the area and the vessel's fishing gear is stowed and not available for immediate use as defined in § 648.2.

    (f) Vessels fishing for species other than scallops. A vessel may fish for species other than scallops within the closed areas specified in paragraphs (a) through (d) of this section as allowed in this part, provided the vessel does not fish for, catch, or retain scallops or intend to fish for, catch, or retain scallops. Declaration through VMS that the vessel is fishing in the LAGC scallop fishery is deemed to be an intent to fish for, catch, or retain scallops.

    8. In § 648.59: a. Paragraphs (a), (b) introductory text, (b)(1), (c) introductory text, and (c)(1) are revised; b. Paragraph (c)(2) is removed and reserved; c. Paragraphs (d) introductory text and (d)(1) are revised; and d. Paragraphs (d)(2) and (e) are removed and reserved.

    The revisions read as follows:

    § 648.59 Sea Scallop Access Areas.

    (a) Mid-Atlantic Scallop Access Area—(1) Beginning March 1, 2015, through February 28, 2017 (i.e., fishing years 2015 and 2016), a vessel issued a scallop permit may not fish for, possess, or land scallops in or from the area known as the Mid-Atlantic Access Area unless the vessel is participating in, and complies with the requirements of, the area access program described in § 648.60. The Mid-Atlantic Access Area is comprised of the following scallop access areas: The Delmarva Scallop Access Area, as described in paragraph (a)(2) of this section; the Elephant Trunk Scallop Access Area, as described in paragraph (a)(3) of this section; and the Hudson Canyon Scallop Access Area, as described in paragraph (a)(4) of this section.

    (2) Delmarva Scallop Access Area. The Delmarva Scallop Access Area is defined by straight lines connecting the following points in the order stated (copies of a chart depicting this area are available from the Regional Administrator upon request):

    Point Latitude Longitude DMV1 38°10′ N. 74°50′ W. DMV2 38°10′ N. 74°00′ W. DMV3 37°15′ N. 74°00′ W. DMV4 37°15′ N. 74°50′ W. DMV1 38°10′ N. 74°50′ W.

    (i) Season. A vessel issued a scallop permit may not fish for, possess, or land scallops in or from the area known as the Delmarva Sea Scallop Access Area, described in paragraph (a)(2) of this section, during the period of March 1, 2016, through March 31, 2016.

    (3) Elephant Trunk Scallop Access Area. The Elephant Trunk Scallop Access Area is defined by straight lines connecting the following points in the order stated (copies of a chart depicting this area are available from the Regional Administrator upon request):

    Point Latitude Longitude ETAA1 38°30′ N. 74°20′ W. ETAA2 38°30′ N. 73°50′ W. ETAA3 38°40′ N. 73°50′ W. ETAA4 38°40′ N. 73°40′ W. ETAA5 38°50′ N. 73°40′ W. ETAA6 38°50′ N. 73°30′ W. ETAA7 38°10′ N. 73°30′ W. ETAA8 38°10′ N. 74°20′ W. ETAA1 38°30′ N. 74°20′ W.

    (4) Hudson Canyon Scallop Access Area. The Hudson Canyon Scallop Access Area is defined by straight lines connecting the following points in the order stated (copies of a chart depicting this area are available from the Regional Administrator upon request):

    Point Latitude Longitude H1 39°30′ N. 73°10′ W. H2 39°30′ N. 72°30′ W. H3 38°30′ N. 73°30′ W. H4 38°50′ N. 73°30′ W. H5 38°50′ N. 73°42′ W. H1 39°30′ N. 73°10′ W.

    (b) Closed Area I Scallop Access Area—(1) From March 1, 2015, through February 28, 2017 (i.e., fishing years 2015 and 2016), a vessel issued a scallop permit may not fish for, possess, or land scallops in or from, the area known as the Closed Area I Scallop Access Area, described in paragraph (b)(3) of this section, unless transiting in accordance with paragraph (f) of this section. A vessel issued both a NE multispecies permit and an LAGC scallop permit may not fish in an approved SAP under § 648.85 and under multispecies DAS in the scallop access area, unless it complies with restrictions in paragraph (b)(5)(ii)(C) of this section.

    (c) Closed Area II Scallop Access Area—(1) From March 1, 2015, through February 28, 2017 (i.e., fishing years 2015 and 2016), a vessel issued a scallop permit may not fish for, possess, or land scallops in or from, the area known as the Closed Area II Access Area, described in paragraph (c)(3) of this section, unless transiting in accordance with paragraph (f) of this section. A vessel issued both a NE multispecies permit and an LAGC scallop permit may not fish in an approved SAP under § 648.85 and under multispecies DAS in the scallop access area, unless it complies with restrictions in paragraph (c)(5)(ii)(C) of this section.

    (d) Nantucket Lightship Scallop Access Area—(1) From March 1, 2015, through February 28, 2017 (i.e., fishing years 2015 and 2016), a vessel issued a scallop permit may not fish for, possess, or land scallops in or from the area known as the Nantucket Lightship Access Area, described in paragraph (d)(3) of this section, unless transiting pursuant to paragraph (f) of this section. A vessel issued both a NE multispecies permit and an LAGC scallop permit may not fish in an approved SAP under § 648.85 and under multispecies DAS in the scallop access area, unless it complies with restrictions in paragraph (d)(5)(ii)(C) of this section.

    9. In § 648.60, paragraphs (a)(1), (a)(3), (a)(5)(i), (a)(9), (c), (e)(1), (g)(3)(i) are revised to read as follows:
    § 648.60 Sea scallop access area program requirements.

    (a) * * *

    (1) VMS. Each vessel participating in the Sea Scallop Access Area Program must have installed on board an operational VMS unit that meets the minimum performance criteria specified in §§ 648.9 and 648.10, and paragraphs (a)(9) and (f) of this section.

    (3) Sea Scallop Access Area Allocations—(i) Limited access vessel allocations.

    (A) Except as provided in paragraph (c) of this section, paragraphs (a)(3)(i)(B) through (E) of this section specify the total amount of scallops, in weight, that a limited access scallop vessel may harvest from Sea Scallop Access Areas during applicable seasons specified in § 648.59. A vessel may not possess or land in excess of its scallop allocation assigned to specific Sea Scallop Access Areas, unless authorized by the Regional Administrator, as specified in paragraph (d) of this section, unless the vessel owner has exchanged an area-specific scallop allocation with another vessel owner for additional scallop allocation in that area, as specified in paragraph (a)(3)(ii) of this section. A vessel may harvest its scallop allocation, as specified in paragraph (a)(3)(B) of this section, on any number of trips in a given fishing year, provided that no single trip exceeds the possession limits specified in paragraph (a)(5) of this section, unless authorized by the Regional Administrator, as specified in paragraphs (c) and (d) of this section,

    (B) Full-time scallop vessels. (1) In fishing year 2015, each full-time vessel shall have a total of 51,000 lb (23,133 kg) of scallops that may be harvested from the Mid-Atlantic Access Area, as defined in § 648.59(a).

    (2) For the 2016 fishing year, each full-time vessel shall have a total of 17,000 lb (7,711 kg) of scallops that may be harvested from the Mid-Atlantic Access Area, as defined in § 648.59(a), starting on April 1, 2016.

    (C) Part-time scallop vessels. (1) For the 2015 fishing year, each part-time scallop vessel shall have a total of 20,400 lb (9,253 kg) of scallop that may be harvested from the Mid-Atlantic Access Area, as defined in § 648.59(a).

    (2) For the 2015 fishing year, each part-time scallop vessel shall have a total of 10,200 lb (4,627 kg) of scallop that may be harvested from the Mid-Atlantic Access Area, as defined in § 648.59(a), starting on April 1, 2016.

    (D) Occasional scallop vessels. (1) For the 2015 fishing year, each occasional scallop vessel shall have a total of 4,250 lb (1,928 kg) of scallop that may be harvested from the Mid-Atlantic Access Area, as defined in § 648.59(a).

    (2) For the 2016 fishing year, each occasional scallop vessel shall have a total of 1,420 lb (644 kg) of scallop that may be harvested from the Mid-Atlantic Access Area, as defined in § 648.59(a), starting on April 1, 2016.

    (ii) One-for-one area access allocation exchanges. The owner of a vessel issued a limited access scallop permit may exchange unharvested scallop pounds allocated into one access area for another vessel's unharvested scallop pounds allocated into another Sea Scallop Access Area. These exchanges may only be made for the amount of the current trip possession limit, as specified in paragraph (a)(5) of this section. For example, if the access area trip possession limit for full-time vessels is 17,000 lb (7,711 kg), a full-time vessel may exchange no less than 17,000 lb (7,711 kg), from one access area for no more or less than 17,000 lb (7,711 kg) allocated to another vessel for another access area. In addition, these exchanges may be made only between vessels with the same permit category: A full-time vessel may not exchange allocations with a part-time vessel, and vice versa. Vessel owners must request these exchanges by submitting a completed Access Area Allocation Exchange Form at least 15 days before the date on which the applicant desires the exchange to be effective. Exchange forms are available from the Regional Administrator upon request. Each vessel owner involved in an exchange is required to submit a completed Access Area Allocation Form. The Regional Administrator shall review the records for each vessel to confirm that each vessel has enough unharvested allocation remaining in a given access area to exchange. The exchange is not effective until the vessel owner(s) receive a confirmation in writing from the Regional Administrator that the allocation exchange has been made effective. A vessel owner may exchange equal allocations up to the current possession limit between two or more vessels under his/her ownership. A vessel owner holding a Confirmation of Permit History is not eligible to exchange allocations between another vessel and the vessel for which a Confirmation of Permit History has been issued.

    (5) Possession and landing limits—(i) Scallop possession limits. Unless authorized by the Regional Administrator, as specified in paragraph (d) of this section, after declaring a trip into a Sea Scallop Access Area, a vessel owner or operator of a limited access scallop vessel may fish for, possess, and land, per trip, scallops, up to the maximum amounts specified in the table in this paragraph (a)(5). No vessel declared into the Access Areas as described in § 648.59(a) through (e) may possess more than 50 bu (17.62 hL) of in-shell scallops outside of the Access Areas described in § 648.59(a) through (e).

    Fishing year Permit category possession limit Full-time Part-time Occasional 2015 17,000 lb (57,711 kg) 10,200 lb (4,627 kg) 1,420 lb (644kg). 2016 17,000 lb (57,711 kg) 10,200 lb (4,627 kg) 1,420 lb (644kg).

    (9) Reporting. The owner or operator must submit scallop catch reports through the VMS, as specified in § 648.10(f)(4)(i), and limited access scallop access area pre-landing notification forms, as specified in § 648.10(f)(4)(iii).

    (c) Access area scallop allocation carryover. Unless otherwise specified in § 648.59, a limited access scallop vessel operator may fish any unharvested Scallop Access Area allocation from a given fishing year within the first 60 days of the subsequent fishing year if the Access Area is open. For example, if a full-time vessel has 7,000 lb (3,175 kg) remaining in the Hudson Canyon Access Area at the end of fishing year 2013, that vessel may harvest 7,000 lb (3,175 kg) from its 2014 fishing year scallop access area allocation during the first 60 days that the Hudson Canyon Access Area is open in fishing year 2014 (March 1, 2014, through April 29, 2014). Unless otherwise specified in § 648.59, if an Access Area is not open in the subsequent fishing year, then the unharvested scallop allocation would expire at the end of the fishing year that the scallops were allocated. For example, if a full-time vessel has 7,000 lb (3,175 kg) remaining in Closed Area II Access Area at the end of a given fishing year, and that access area would not open the subsequent fishing year, the 7,000 lb (3,175 kg) of scallops would expire on the last day of the fishing year.

    (e) Sea Scallop Research Set-Aside Harvest in Access Areas—(1) Access Areas available for harvest of research set-aside (RSA). Unless otherwise specified, RSA may be harvested in any access area that is open in a given fishing year, as specified through a framework adjustment and pursuant to § 648.56. The amount of scallops that can be harvested in each access area by vessels participating in approved RSA projects shall be determined through the RSA application review and approval process. The access areas open for RSA harvest for fishing years 2015 and 2016 are:

    (i) 2015: The Mid-Atlantic Scallop Access Area, as specified in § 648.59(a)

    (ii) 2016: None.

    (g) * * *

    (3) LAGC IFQ Access Area Trips. (i) An LAGC scallop vessel authorized to fish in the Access Areas specified in § 648.59(a) through (e) may land scallops, subject to the possession limit specified in § 648.52(a), unless the Regional Administrator has issued a notice that the number of LAGC IFQ access area trips have been or are projected to be taken. The total number of LAGC IFQ trips in a specified Access Area for fishing year 2015 and 2016 are:

    Access area 2015 2016 Mid-Atlantic Access Area 2,065 602 Closed Area 1 0 0 Closed Area 2 0 0 Nantucket Lightship 0 0
    10. In § 648.64, paragraph (a) is revised to read as follows:
    § 648.64 Yellowtail flounder sub-ACLs and AMs for the scallop fishery.

    (a) As specified in § 648.55(d), and pursuant to the biennial framework adjustment process specified in § 648.90, the scallop fishery shall be allocated a sub-ACL for the Georges Bank and Southern New England/Mid-Atlantic stocks of yellowtail flounder. The sub-ACLs are specified in § 648.90(a)(4)(iii)(C) of the NE multispecies regulations.

    10. In § 648.65, paragraph (b)(3)(ii) is revised to read as follows:
    § 648.64 Windowpane flounder sub-ACLs and AMs for the scallop fishery.

    (b) * * *

    (3) * * *

    (ii) The maximum hanging ratio for a net, net material, or any other material on the top of a scallop dredge (twine top) possessed or used by vessels fishing with scallop dredge gear does not exceed 1.5:1 overall. An overall hanging ratio of 1.5:1 means that the twine top is attached to the rings in a pattern of alternating 2 meshes per ring and 1 mesh per ring (counted at the bottom where the twine top connects to the apron), for an overall average of 1.5 meshes per ring for the entire width of the twine top. For example, an apron that is 40 rings wide subtracting 5 rings one each side of the side pieces, yielding 30 rings, would only be able to use a twine top with 45 or fewer meshes so that the overall ratio of meshes to rings did not exceed 1.5 (45 meshes/30 rings = 1.5).

    [FR Doc. 2015-05650 Filed 3-16-15; 8:45 am] BILLING CODE 3510-22-P
    80 51 Tuesday, March 17, 2015 Notices DEPARTMENT OF AGRICULTURE Forest Service Information Collection; Grazing Permit Administration Forms AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice; request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension with no revision of a currently approved information collection, Grazing Permit Administration Forms.

    DATES:

    Comments must be received in writing on or before May 18, 2015 to be assured of consideration. Comments received after that date will be considered to the extent practicable.

    ADDRESSES:

    Comments concerning this notice should be addressed to the Attention: Director, Rangeland Management, USDA Forest Service, Washington Office, 1400 Independence Avenue SW., Mailstop 1153, Washington, DC 20250-1153. To ensure timely delivery, review, and consideration, it may be preferable to submit comments via email to [email protected]; or by facsimile to 703-235-0428. If comments are sent by electronic means or by facsimile, the public is requested not to send duplicate comments via regular mail.

    All comments, including names and addresses when provided, are placed in the record and available for public inspection and copying. The agency cannot confirm receipt of comments.

    The public may inspect comments received at the USDA Forest Service Washington Office, between the hours of 8:30 a.m. and 4 p.m. Those wishing to inspect comments are encouraged to call ahead to 202-205-1460 to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Annette Joseph, Rangeland Management at 202-205-1454. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    Title: Grazing Permit Administration Forms.

    OMB Number: 0596-0003.

    Expiration Date of Approval: August 2015.

    Type of Request: Extension with no Revision.

    Abstract: This information collection extension is necessary to continue allowing proper administration of livestock grazing programs on National Forest System (NFS) lands. Domestic livestock grazing occurs on approximately 90 million acres of NFS lands. Grazing on NFS lands is subject to authorization and administrative oversight by the Forest Service. The information collected by the Forest Service is the minimum required for issuance and administration of grazing permits, including fee collections, as authorized by the Federal Land Policy and Management Act (FLPMA) of 1976, as amended (43 U.S.C. 1700 et seq.) and United States Department of Agriculture regulations at 36 CFR part 222, subparts A and C. Similar information is not available from any other source.

    Forest Service officials currently use the following forms to collect the information necessary to administer this program.

    FS-2200-1; Refund, Credit, or Transfer Application collects the following information:

    • Name and mailing address;

    • Permit number;

    • National Forest or Grassland and Ranger District;

    • Purpose of application: Credit on next year's fees, refund of fees, or transfer of credit to another account;

    • Information on the allotment; number of cattle, horses, or sheep;

    • Period range not used;

    • Reason for less use than permitted; and

    • Signature of Permittee.

    Information collected on this form enables the Forest Service to evaluate a grazing permittee's request for refund, credit, or transfer of the unused potion of the preceding season's grazing fees paid to the Forest Service for the occupancy of the National Forest System lands by permitted livestock.

    FS-2200-2; Application for Temporary Grazing or Livestock Use Permit collects the following information:

    • Name and address of applicant;

    • Type, amount, and location of requested grazing;

    • Period of use; and

    • Grazing allotment.

    Information collected on this form enables the Forest Service to determine whether individuals qualify for a temporary grazing or livestock use permit, which authorizes grazing on certain NFS lands for a period not to exceed one year. The Forest Service uses the information on this form to determine whether the applicant is likely to comply with grazing permit terms and conditions.

    FS-2200-12; Waiver of Term Grazing Permit enables the Forest Service to terminate an individual's grazing privileges on certain NFS lands based upon that individual's sale or transfer of base property, permitted livestock, or both to another individual who desires to acquire a new grazing permit. The waiver enables the Forest Service to cancel the grazing permit held by the individual who sold or transferred the base property, permitted livestock, or both; and to identify the individual who acquired the base property, permitted livestock, or both as the preferred applicant for a new grazing permit.

    FS-2200-13; Escrow Waiver of Term Grazing Permit Privileges collects information on loans made to permittees. The Forest Service uses the information to record the name and address of a permittee's lender, the amount of the loan, and the due date for repayment. The information assists Agency officials in determining whether to hold in escrow, on behalf of the lender, all of the privileges associated with the grazing permit except the privilege to graze. The Forest Service uses the collected information to (1) notify the lender of important issues associated with the administration of the grazing permit and (2) facilitate the transfer of a grazing permit to a lender if the permittee defaults on a loan.

    FS-2200-16; Application for Term Grazing Permit collects the following information:

    • Name and address of applicant;

    • Type, amount, and location of requested grazing;

    • Period of use; and

    • Grazing allotment.

    The information collected on this form enables the Forest Service to evaluate an applicant's eligibility and qualification to hold a term grazing permit authorizing the use of National Forest System lands for livestock grazing purposes, to determine the applicant's ability to comply with grazing permit terms and conditions, and to notify the applicant in writing of matters associated with the administration of permitted grazing including, but not limited to, bills for the fees associated with the permitted grazing.

    FS-2200-17; Application for Term Private Land Grazing Permit collects the following:

    • Name and address of applicant;

    • Type, amount, and location of requested grazing;

    • Period of use; and

    • Grazing allotment.

    The information collected on this form enables the Forest Service to evaluate an applicant's eligibility and qualification to hold a term private land-grazing permit, which authorizes the use of National Forest System lands and private lands controlled by the applicant for livestock grazing purposes. The information also enables the Forest Service to determine the applicant's ability to comply with grazing permit terms and conditions, and to notify the applicant in writing of matters associated with the administration of permitted grazing.

    FS-2200-25; Ownership Statement by Corporation, Partnership or Other Legal Entity collects the following:

    • Name of corporation, partnership, or other legal entity; and

    • The title, signing authority, mailing address, shares owned, or ownership of each stockholder or partner.

    The information on this form enables the Forest Service to evaluate whether a corporation or partnership is eligible and qualified to hold a term grazing permit authorizing grazing on certain National Forest System lands, whether the corporation is authorized to conduct business in the state in which the National Forest System lands to be grazed are located, and which shareholders or partners are authorized to sign official documents on behalf of the corporation or partnership.

    Estimate of Annual Burden: 25 minutes.

    Type of Respondents: Individuals, Businesses, and Farms.

    Estimated Annual Number of Respondents: 3900.

    Estimated Annual Number of Responses per Respondent: 1.

    Estimated Total Annual Burden on Respondents: 1950 hours.

    Comment is Invited

    Comment is invited on: (1) Whether this collection of information is necessary for the stated purposes and the proper performance of the functions of the Agency, including whether the information will have practical or scientific utility; (2) the accuracy of the Agency's estimate of the burden of the collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    All comments received in response to this notice, including names and addresses when provided, will be a matter of public record. Comments will be summarized and included in the submission request toward Office of Management and Budget approval.

    Dated: March 4, 2015. Mary Beth Borst, Acting Associate Deputy Chief, National Forest System.
    [FR Doc. 2015-06150 Filed 3-16-15; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request March 11, 2015.

    The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Comments regarding this information collection received by April 16, 2015 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725-17th Street NW., Washington, DC 20502. Commenters are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8958.

    An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

    Animal and Plant Health Inspection Service

    Title: Importation of Gypsy Moth Host Materials from Canada.

    OMB Control Number: 0579-0142.

    Summary of Collection: The United States Department of Agriculture (USDA) is responsible for preventing plant diseases or insect pests from entering the United States, preventing the spread of pests not widely distributed in the United States, and eradicating those imported pests when eradication is feasible. Under the Plant Protection Act (7 U.S.C. 7701 et seq.), the Secretary of Agriculture is authorized to regulate the importation of plants, plant products, and other articles to prevent the introduction of injurious plant pests. The Plant Protection and Quarantine program within USDA's Animal and Plant Health Inspection Service (APHIS) is responsible for ensuring that these regulations are enforced.

    Need and Use of the Information: APHIS will collect information from individuals both within and outside the United States using phytosanitary certificates, certificates of origin, a written statement and a compliance agreement. Information collected will ensure that importing foreign logs, trees, shrubs, and other articles do not harbor plant or insect pests such as the gypsy moth. Failing to collect this information would cripple APHIS' ability to ensure that trees, shrubs, logs, and a variety of other items imported from Canada do not harbor gypsy moths.

    Description of Respondents: Business or other for-profit; Individuals or households; Federal Government.

    Number of Respondents: 2,131.

    Frequency of Responses: Reporting: On occasion.

    Total Burden Hours: 128.

    Animal and Plant Health Inspection Service

    Title: Infectious Salmon Anemia (ISA)—Payment of Indemnity.

    OMB Control Number: 0579-0192.

    Summary of Collection: The Animal Health Protection Act (AHPA) of 2002 is the primary Federal law governing the protection of animal health. The law gives the Secretary of Agriculture broad authority to detect, control, or eradicate pest or diseases of livestock or poultry. Infectious Salmon Anemia (ISA) is a clinical disease resulting from infection with the ISA virus; signs include hemorrhaging, anemia, and lethargy. ISA poses a substantial threat to the economic viability and sustainability of salmon aquaculture in the United States and abroad. The Animal and Plant Health Inspection Service (APHIS) will collect information using VS Form 1-22 ISA Program Enrollment Form and VS Form 1-23 All Species Appraisal & Indemnity Claim Form.

    Need and Use of the Information: APHIS uses the following information activities to reimburse aquaculture industry businesses; conduct biosecurity, protocols and audits; develop site-specific ISA action plans; compile fish inventories and mortality reports (and keep records of the inventories and reports); and conduct disease surveillance. Each program participant must sign an ISA Program Enrollment Form in which they agree to participate fully in USDA's and the State of Maine's ISA Program. APHIS will collect the owner's name and address, the number of fish for which the owner is seeking payment, and the appraised value of each fish. The owner must also certify as to whether the fish are subject to a mortgage. Without the information it would be impossible for APHIS to launch its program to contain and prevent ISA outbreaks in the United States.

    Description of Respondents: Business or other for-profit.

    Number of Respondents: 12.

    Frequency of Responses: Recordkeeping; Reporting: On occasion.

    Total Burden Hours: 484.

    Animal and Plant Health Inspection Service

    Title: Importation of Clementines from Spain.

    Omb Control Number: 0579-0203.

    Summary of Collection: Under the Plant Protection Act (7 U.S.C. 7701 et seq.), the Secretary of Agriculture is authorized to regulate the importation of plants, plant products, and other articles to prevent the introduction of injurious plant pests. The regulations in “Subpart—Fruits and Vegetables,” 7 CFR 319.56 through 319.56-67, prohibits or restrict the importation of certain fruits and vegetables into the United States from certain parts of the world to prevent the introduction and dissemination of plant pest, including fruit flies. Under the regulations, clementines from Spain are subject to certain conditions before entering the United States to ensure that exotic plant pest, such as the Mediterranean fruit fly, are not introduced into the United States.

    Need and Use of the Information: APHIS uses the following information collection activities to allow the importation of clementines from Spain when the requirements include: Provisions that the clementines be grown in accordance with a Mediterranean fruit fly management program established by the Government of Spain; Trapping and Control Records; Phytosanitary Certificate; Labeling and Traceback; Cold Treatment Data for Consignments; Trust Fund; and Grower Registration and Agreement.

    Failure to collect this information would cripple APHIS' ability to ensure that clementines from Spain are not carrying fruit flies.

    Description of Respondents: Business or other for-profit; Federal Government.

    Number of Respondents: 4,508.

    Frequency of Responses: Recordkeeping; Reporting: On occasion.

    Total Burden Hours: 6,507.

    Ruth Brown, Departmental Information Collection Clearance Officer.
    [FR Doc. 2015-05992 Filed 3-16-15; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request March 11, 2015.

    The Department of Agriculture will submit the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13 on or after the date of publication of this notice. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, Washington, DC, New Executive Office Building, 725—17th Street NW., Washington, DC 20503. Commenters are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602.

    Comments regarding these information collections are best assured of having their full effect if received by April 16, 2015. Copies of the submission(s) may be obtained by calling (202) 720-8681.

    An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

    Agricultural Marketing Service

    Title: Regulations Governing the Inspection and Grading of Manufactured or Processed Dairy Products—Recordkeeping.

    OMB Control Number: 0581-0110.

    Summary of Collection: The Agricultural Marketing Act of 1946 directs the Department to develop programs that will provide and enable the marketing of agricultural products. One of these programs is the USDA voluntary inspection and grading program for dairy products where these dairy products are graded according to U.S. grade standards by an USDA grader. The dairy products so graded may be identified with the USDA grade mark. Dairy processors, buyers, retailers, institutional users, and consumers have requested that such a program be developed to assure the uniform quality of dairy products purchased. In order for any service program to perform satisfactorily, there must be written guides and rules, which in this case are regulations for the provider and user.

    Need and Use of the Information: The Agricultural Marketing Service will collect information to ensure that the dairy inspection program products are produced under sanitary conditions and buyers are purchasing a quality product. The information collected through recordkeeping are routinely reviewed and evaluated during the inspection of the dairy plant facilities for USDA approval. Without laboratory testing results required by recordkeeping, the inspectors would not be able to evaluate the quality of dairy products.

    Description of Respondents: Business or other for-profit.

    Number of Respondents: 487.

    Frequency of Responses: Recordkeeping.

    Total Burden Hours: 1,388.

    Charlene Parker, Departmental Information Collection Clearance Officer.
    [FR Doc. 2015-05998 Filed 3-16-15; 8:45 am] BILLING CODE 3410-02-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-929] Small Diameter Graphite Electrodes From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY:

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

    SUMMARY:

    On November 19, 2014, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on small diameter graphite electrodes from the People's Republic of China (PRC), covering the period February 1, 2013, through January 31, 2014.1 We invited parties to comment on the Preliminary Results. We received no comments from interested parties. Accordingly, for the final results, we continue to find that during the period of review (POR) Henan Sanli Carbon Products Co., Ltd. (Henan Sanli) made sales of subject merchandise at less than normal value.

    1See Small Diameter Graphite Electrodes From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review: 2013-2014, 79 FR 68856 (November 19, 2014) (Preliminary Results) and accompanying Preliminary Decision Memorandum (Preliminary Decision Memorandum).

    DATES:

    Effective Date: March 17, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Michael A. Romani, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington DC 20230; telephone: (202) 482-0198.

    Background

    On November 19, 2014, the Department published the Preliminary Results of this review. The Department gave interested parties an opportunity to comment on the Preliminary Results. 2 We received no comments from interested parties.

    2Id. at 68857.

    We conducted this review in accordance with sections 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).

    Scope of the Order

    The merchandise covered by the order includes all small diameter graphite electrodes of any length, whether or not finished, of a kind used in furnaces, with a nominal or actual diameter of 400 millimeters (16 inches) or less, and whether or not attached to a graphite pin joining system or any other type of joining system or hardware. The merchandise covered by the order also includes graphite pin joining systems for small diameter graphite electrodes, of any length, whether or not finished, of a kind used in furnaces, and whether or not the graphite pin joining system is attached to, sold with, or sold separately from, the small diameter graphite electrode. Small diameter graphite electrodes and graphite pin joining systems for small diameter graphite electrodes are most commonly used in primary melting, ladle metallurgy, and specialty furnace applications in industries including foundries, smelters, and steel refining operations. Small diameter graphite electrodes and graphite pin joining systems for small diameter graphite electrodes that are subject to the order are currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 8545.11.0010,3 3801.10,4 and 8545.11.0020.5 The HTSUS numbers are provided for convenience and customs purposes, but the written description of the scope is dispositive.

    3 The scope described in the order refers to the HTSUS subheading 8545.11.0000. We note that, starting in 2010, imports of small diameter graphite electrodes are classified in the HTSUS under subheading 8545.11.0010 and imports of large diameter graphite electrodes are classified under subheading 8545.11.0020.

    4 HTSUS subheading 3801.10 was added to the scope of the SDGE Order based on a determination in Small Diameter Graphite Electrodes From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 77 FR 47596 (August 9, 2012) (first circumvention determination). The products covered by the first circumvention determination are SDGE (or graphite pin joining system) that were 1) produced by UK Carbon and Graphite Co., Ltd. (UKCG) from PRC-manufactured artificial/synthetic graphite forms, of a size and shape (e.g., blanks, rods, cylinders, billets, blocks, etc.), 2) which required additional machining processes (i.e., tooling and shaping) that UKCG performed in the United Kingdom (UK), and 3) were re-exported to the United States as UK-origin merchandise.

    5 HTSUS subheading 8545.11.0020 was added to the scope of the SDGE Order based on a determination in Small Diameter Graphite Electrodes from the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order and Rescission of Later-Developed Merchandise Anticircumvention Inquiry, 78 FR 56864 (September 16, 2013) (second circumvention determination). The products covered by the second circumvention determination are SDGE produced and/or exported by Jilin Carbon Import and Export Company with an actual or nominal diameter of 17 inches.

    Final Results of Review

    The Department made no changes to its Preliminary Results. As a result, the Department determines that Henan Sanli is not entitled to a separate rate and should remain part of the PRC-wide entity.6 The rate previously established for the PRC-wide entity in this proceeding is 159.64 percent.7

    6 Pursuant to the Department's change in practice, the Department no longer considers the non-market economy entity as an exporter conditionally subject to administrative reviews. See Preliminary Results at note 3 and Preliminary Decision Memorandum at 4.

    7See Final Determination of Sales at Less Than Fair Value and Affirmative Determination of Critical Circumstances: Small Diameter Graphite Electrodes from the People's Republic of China, 74 FR 2049, 2053-54 (January 14, 2009).

    Assessment

    The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.8 Consistent with our determination that Henan Sanli is part of the PRC-wide entity, we will instruct CBP to apply an ad valorem assessment rate of 159.64 percent to all entries of subject merchandise during the POR which were exported by Henan Sanli.

    8See 19 CFR 351.212(b)(1).

    The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of review.

    Cash Deposit Requirements

    The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (2) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, including Henan Sanli, the cash deposit rate will be that for the PRC-wide entity; and (3) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice.

    Notification to Importers

    This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

    Administrative Protective Orders

    This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written 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 sanctionable violation.

    These final results of review are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: March 10, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-06105 Filed 3-16-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-924] Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court Decision AGENCY:

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

    SUMMARY:

    On February 27, 2015 the United States Court of International Trade (“CIT”) sustained the Department of Commerce's (“the Department”) final results of remand redetermination, pursuant to the CIT's remand order, in DuPont Teijin Films China Limited, et al. v. United States, Slip Op. 15-19 (CIT February 27, 2015).1

    1See Final Results of Redetermination Pursuant to Court Remand, Court No. 13-00229, dated January 9, 2015, available at: http://enforcement.trade.gov/remands/index.html (“PET Film Final Remand”); see also DuPont Teijin Films China Limited, et al. v. United States, Consol. Court No. 13-00229, Slip Op. 15-19 (CIT 2015) (“Remand Opinion and Order”).

    Consistent with the decision of the United States Court of Appeals for the Federal Circuit (“CAFC”) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (“Timken”), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (“Diamond Sawblades”), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's PET Film Final Results2 and is amending the final results with respect to DuPont Teijin Film China Limited Co., Ltd. (“DuPont”) and Tianjin Wanhua Co., Ltd. (“Wanhua”) for the period of review from November 1, 2010, through October 31, 2011.

    2See Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2010-2011, 78 FR 35245 (June 12, 2013) (“PET Film Final Results”).

    DATES:

    Effective Date: March 9, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Thomas Martin, Office IV, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3936.

    SUPPLEMENTARY INFORMATION: Background

    On June 12, 2013, the Department published the PET Film Final Results. Interested parties DuPont, DuPont Hongji Films Foshan Co., Ltd., DuPont Teijin Hongji Films Ningbo Co., Ltd., DuPont Teijin Films U.S. Limited Partnership, and Wanhua, appealed the PET Film Final Results to the CIT. On September 11, 2014, the CIT remanded several issues with respect to the PET Film Final Results. 3 Specifically, the CIT held that: (1) The Department's approach of valuing DuPont's recycled Polyethylene Terephthalate (“PET”) chips factor of production, while denying its by-product offset for recyclable PET waste, was unreasonable because it resulted in double-counting, and the Department must “reconsider its approach, and adopt a methodology that does not result in double-counting costs, insofar as reasonably avoidable;” and (2) the Department's brokerage and handling calculation for DuPont “incorrectly assumes that a shipment weighing less will incur lower document preparation and customs clearance costs, while a shipment weighing more will incur higher preparation costs,” and that the brokerage and handling figure therefore required “recalculation.” 4 The CIT also held that because Wanhua's separate rate was based on DuPont's rate, “any change to DuPont's margin following remand shall be applied to Wanhua's rate as well.” 5

    3See DuPont Teijin Films China Ltd. v. United States, 7 F. Supp. 3d 1338 (CIT 2014).

    4Id. at 1347-51.

    5Id. at 1359.

    Pursuant to the CIT's remand instructions, the Department re-examined record evidence and made the following changes. The Department revised its calculation of DuPont's margin in two ways. First, the Department reopened the record to allow DuPont an opportunity to substantiate its by-product offset, and granted that offset. Second, the Department adjusted DuPont's brokerage and handling surrogate value calculation by dividing the surrogate value for document preparation and customs clearance costs by the weight of DuPont's shipments. In addition, the Department revised its calculation of Wanhua's separate rate by adjusting it for any changes to DuPont's margin, given that its margin was solely based on DuPont's margin.

    Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (“Act”), the Department must publish a notice of a court decision that is not “in harmony” with a Department determination and must suspend liquidation of entries pending a “conclusive” court decision. The CIT's February 27, 2015, judgment sustaining the PET Film Final Remand constitutes a final decision of that court that is not in harmony with the PET Film Final Results. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. Since the PET Film Final Results, the Department established a new cash deposit rate for DuPont and Wanhua.6 Therefore, DuPont's and Wanhua's cash deposit rates do not need to be updated as a result of these amended final results. The cash deposit rates for DuPont and Wanhua will remain the rates established for the subsequent and most recent period during which each respondent was reviewed.

    6See Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012, 79 FR 37715 (July 2, 2014).

    Amended Final Results

    Because there is now a final court decision with respect to the PET Film Final Results, the revised weighted-average dumping margins are as follows:

    Exporter Weighted-
  • average
  • margin (percent)
  • DuPont Teijin Films China Limited 4.42 Tianjin Wanhua Co., Ltd 4.42

    This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: March 11, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-06127 Filed 3-16-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-351-837, A-533-828, A-588-068, A-580-852, A-201-831, A-549-820] Prestressed Concrete Steel Wire Strand From Brazil, India, Japan, the Republic of Korea, Mexico, and Thailand: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Finding/Orders AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) finds that revocation of the antidumping duty finding/orders on prestressed concrete steel wire strand (PC strand) from Brazil, India, Japan, the Republic of Korea, Mexico, and Thailand would be likely to lead to continuation or recurrence of dumping as indicated in the “Final Results of Sunset Review” section of this notice.

    DATES:

    Effective Date: March 17, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Michael Romani or Minoo Hatten, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0198 or (202) 482-1690, respectively.

    SUPPLEMENTARY INFORMATION: Background

    On November 3, 2014, the Department published the notice of initiation of the sunset reviews of the antidumping duty finding 1 orders on PC strand from Brazil, India, Japan, the Republic of Korea (Korea), Mexico, and Thailand pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2

    1 On December 8, 1978, the Department of the Treasury published the antidumping duty finding, which is equivalent to an antidumping duty order published after 1980, on PC strand from Japan. See Steel Wire Strand for Prestressed Concrete from Japan: Finding of Dumping, 43 FR 57599 (December 8, 1978).

    2See Initiation of Five-year (“Sunset”) Review, 79 FR 65186 (November 3, 2014) (Initiation Notice).

    In accordance with 19 CFR 351.218(d)(1)(i), the Department received notices of intent to participate in these sunset reviews from Insteel Wire Products Company and Sumiden Wire Products Corp. (collectively, the domestic interested parties) within 15 days after the date of publication of the Initiation Notice and the effective date of the initiation of this sunset review.3 The domestic interested parties claimed interested party status under section 771(9)(C), of the Act.

    3See Notices of Intent to Participate in Brazil, India, Japan, Korea, Mexico, and Thailand Sunset Reviews (November 17, 2014).

    The Department received complete substantive responses to the Initiation Notice from the domestic interested parties within the 30-day period specified in 19 CFR 351.218(d)(3)(i). The Department received no substantive responses from any respondent interested parties. In accordance with section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted expedited (120-day) sunset reviews of the antidumping duty finding/orders on PC strand from Brazil, India, Japan, Korea, Mexico, and Thailand.

    Scope of the Finding/Orders

    The product covered in the sunset reviews of the antidumping duty orders on PC strand from Brazil, India, Korea, Mexico, and Thailand is steel strand produced from wire of non-stainless, non-galvanized steel, which is suitable for use in prestressed concrete (both pre-tensioned and post-tensioned) applications. The product definition encompasses covered and uncovered strand and all types, grades, and diameters of PC strand.

    The product covered in the sunset review of the antidumping duty finding on PC strand from Japan is steel wire strand, other than alloy steel, not galvanized, which is stress-relieved and suitable for use in prestressed concrete.

    The merchandise subject to the finding/orders is currently classifiable under subheadings 7312.10.3010 and 7312.10.3012 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under the finding/orders is dispositive. A full description of the scope of the order is contained in the Issues and Decision Memorandum.4

    4See memorandum to Paul Piquado entitled “Issues and Decision Memorandum for the Expedited Sunset Reviews of the Antidumping Duty Finding/Orders on Prestressed Concrete Steel Wire Strand from Brazil, India, Japan, the Republic of Korea, Mexico, and Thailand,” dated concurrently with and hereby adopted by this notice (Issues and Decision Memorandum).

    Analysis of Comments Received

    A complete discussion of all issues raised in these reviews are addressed in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice, including the likelihood of continuation or recurrence of dumping in the event of revocation and the magnitude of dumping margins likely to prevail if the finding/orders 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 in Room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html.

    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 Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (2) of the Act, we determine that revocation of the antidumping duty finding/orders on PC strand from Brazil, India, Japan, Mexico, Korea, and Thailand would be likely to lead to continuation or recurrence of dumping up to the following weighted-average margin percentages:

    Country Weighted-
  • average
  • margin
  • (percent)
  • Brazil 118.75 India 102.07 Japan 13.30 Korea 54.19 Mexico 77.20 Thailand 12.91
    Notification to Interested Parties

    This notice serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the 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.

    The Department is issuing and publishing these final 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. 2015-05815 Filed 3-16-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-588-804] Ball Bearings and Parts Thereof From Japan: Notice of Court Decision Not in Harmony With the Final Results of Antidumping Duty Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review; 2004-2005 AGENCY:

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

    SUMMARY:

    On February 25, 2015, the United States Court of International Trade (CIT or Court) issued final judgment in JTEKT Corp. v. United States, Consol. Court No. 06-00250 (JTEKT Corp.), affirming the Department of Commerce's (the Department) final results of redetermination pursuant to remand.1

    1See Final Second Remand Redetermination, Consol. Court No. 06-250, available at: http://enforcement.trade.gov/remands/14-13.pdf (Final Second Remand).

    Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final results of the administrative review of the antidumping duty order on ball bearings and parts thereof from Japan, covering the period May 1, 2004 through April 30, 2005, and is amending the final results with respect to Nachi-Fujikoshi Corporation and NTN Corporation.

    DATES:

    Effective Date: March 7, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Thomas Schauer, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0410.

    SUPPLEMENTARY INFORMATION: Background

    On July 14, 2006, the Department published AFBs 16. 2 Nachi-Fujikoshi Corporation (Nachi), NTN Corporation (NTN), and other parties appealed AFBs 16 to the CIT. On December 18, 2009, the CIT remanded AFBs 16 for the Department to, inter alia, (1) redetermine NTN's freight expenses using a method that is consistent with the Department's treatment of the freight expense of other respondents in the administrative review and (2) to redetermine the application of facts otherwise available for information that Nachi submitted on physical bearing characteristics.3 On May 17, 2010, the Department filed its results of redetermination pursuant to remand in accordance with the CIT's order.4

    2See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, 71 FR 40064 (July 14, 2006) (AFBs 16).

    3See JTEKT Corporation v. United States, 675 F. Supp. 2d (CIT 2009).

    4See Final Results of Redetermination, JTEKT Corporation v. United States, Consol. Court No. 06-00250 (CIT December 18, 2009), dated May 17, 2010 (Final First Remand), available at: http://enforcement.trade.gov/remands/09-147.pdf.

    On July 29, 2011, the CIT affirmed, in part, the Department's first remand, which resulted in a weighted-average dumping margin of 13.91 percent for Nachi and a weighted-average dumping margin of 8.02 percent for NTN.5 The Court remanded issues regarding Nachi, NTN, and other respondent companies, relating to the Department's use of zeroing and model match methodology.6 On June 4, 2012, the Court stayed the proceedings pending the appeal of Union Steel v. United States, which concerned zeroing.7 After the Federal Circuit issued its opinion in Union Steel, the Court lifted the stay and “relieve[d] Commerce of the directive concerning zeroing” in JTEKT III but “maintain[ed] the directive . . . as to the claim brought by NTN” pertaining to the model match methodology.8 In Final Second Remand, the Department further explained its analysis of this issue but did not further recalculate the weighted-average dumping margins for any respondents in the litigation.9 The Court affirmed the Department's second remand in its entirety on February 25, 2015, and entered judgment.10

    5See JTEKT Corp. v. United States, 780 F. Supp. 2d 1357 (CIT 2011).

    6Id.

    7Union Steel v. United States, 713 F.3d 1101 (Fed. Cir. 2013).

    8See JTEKT Corp. v. United States, Consol. Court No. 06-00250, slip op. 14-13 at 7 (CIT February 10, 2014) (JTEKT III).

    9See Redetermination Pursuant to Remand, JTEKT Corporation v. United States, Consol. Court No. 06-00250 (CIT January 29, 2010 and February 10, 2014), dated May 17, 2010 (Final Second Remand).

    10See JTEKT Corp. v. United States, Consol. Court No. 06-00250, slip op. 15-18 (CIT February 25, 2015).

    Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not “in harmony” with a Department determination and must suspend liquidation of entries pending a “conclusive” court decision. The CIT's February 25, 2015, judgment affirming the Final Second Remand constitutes a final decision of that court that is not in harmony with AFBs 16. This notice is published in fulfillment of the publication requirements of Timken.

    Amended Final Results

    Because there is now a final court decision, the Department is amending AFBs 16 with respect to Nachi's and NTN's weighted-average dumping margins as redetermined in the Final First Remand. The revised weighted-average dumping margin for the period May 1, 2004, to April 30, 2005, for Nachi is 13.91 percent. The revised weighted-average dumping margin for the period May 1, 2004, to April 30, 2005, for NTN is 8.02 percent.

    Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. In the event the Court's ruling is not appealed, or if appealed and upheld by the Federal Circuit, the Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on appropriate entries of the subject merchandise from NTN or Nachi using the revised assessment rates calculated by the Department in the Final First Remand.

    Cash Deposit Requirements

    Because we revoked the antidumping duty order on ball bearings and parts thereof from Japan effective September 15, 2011, no cash deposits for estimated antidumping duties on future entries of subject merchandise will be required.11

    11See Ball Bearings and Parts Thereof From Japan and the United Kingdom: Final Results of Sunset Reviews and Revocation of Antidumping Duty Orders, 79 FR 16771 (March 26, 2014).

    Notification to Interested Parties

    This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: March 11, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-06137 Filed 3-16-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-602-808] Silicomanganese From Australia: Initiation of Less-Than-Fair-Value Investigation AGENCY:

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

    DATES:

    Effective Date: March 17, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Magd Zalok at (202) 482-4162 or Thomas Martin at (202) 482-3936, Office IV, AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.

    SUPPLEMENTARY INFORMATION: The Petition

    On February 19, 2015, the Department of Commerce (“Department”) received an antidumping duty (“AD”) petition concerning imports of silicomanganese from Australia filed in proper form on behalf of Felman Production, LLC (“Petitioner”).1 Petitioner is a domestic producer of silicomanganese.2

    1See Petitioner's submission entitled “Petition for the Imposition of Antidumping Duties on Silicomanganese from Australia,” dated February 19, 2015 (“Petition”).

    2See Petition, at 2-3.

    On February 20, 2015, the Department requested additional information and clarification with respect to the industry support section of the Petition.3 Petitioner filed a response to this request on February 23, 2015.4 On February 24, 2015, the Department requested additional information and clarification on certain portions of the Petition.5 Petitioner filed a response to this request on February 27, 2015.6 On March 3 and 4, 2015, Department personnel spoke with Petitioner's counsel via telephone, requesting additional information and clarification.7 Petitioner filed a response to these requests on March 5, 2015.8

    3See Letter from the Department to Petitioner entitled “Petition for the Imposition of Antidumping Duties on Imports of Silicomanganese from Australia: Supplemental Question Regarding Industry Support,” dated February 20, 2015.

    4See Industry Support Supplement to the Petition, dated February 23, 2015 (“First Petition Supplement”).

    5See Letter from the Department to Petitioner entitled “Petition for the Imposition of Antidumping Duties on Imports of Silicomanganese from Australia: Supplemental Questions,” dated February 24, 2015.

    6See Supplement to the Petition, dated February 27, 2015 (“Second Petition Supplement”).

    7See Memorandum from Thomas Martin to the File entitled “Less-Than-Fair-Value Investigation of Silicomanganese from Australia: Telephone Conference with Petitioner's Counsel,” dated March 3, 2015; Memorandum from Thomas Martin to the File entitled “Less-Than-Fair-Value Investigation of Silicomanganese from Australia: Telephone Conference with Petitioner's Counsel,” dated March 4, 2015.

    8See Supplement to the Petition, dated March 5, 2015 (“Third Petition Supplement”).

    In accordance with section 732(b) of the Tariff Act of 1930, as amended (“the Act”), Petitioner alleges that silicomanganese from Australia is being, or is likely to be, sold in the United States at less than fair value within the meaning of section 731 of the Act and that such imports are materially injuring, or threatening material injury to, an industry in the United States. Also, consistent with section 732(b)(1) of the Act, the Petition is accompanied by information reasonably available to Petitioner supporting its allegations.

    The Department finds that Petitioner filed the Petition on behalf of the domestic industry because Petitioner is an interested party as defined in section 771(9)(C) of the Act. The Department also finds that Petitioner demonstrated sufficient industry support with respect to the initiation of the AD investigation that Petitioner is requesting.9

    9See the “Determination of Industry Support for the Petition” section below.

    Period of Investigation

    Because the Petition was filed on February 19, 2015, pursuant to 19 CFR 351.204(b)(1) the period of investigation (“POI”) is January 1, 2014 through December 31, 2014.

    Scope of the Investigation

    The product covered by this investigation is silicomanganese from Australia. For a full description of the scope of this investigation, see “Scope of the Investigation” in Appendix I of this notice.

    Comments on Scope of the Investigation

    During our review of the Petition, the Department issued questions to, and received responses from, Petitioner pertaining to the proposed scope to ensure that the scope language in the Petition would be an accurate reflection of the products for which the domestic industry is seeking relief.10

    10See Second Petition Supplement at 1-3; Third Petition Supplement at 2.

    As discussed in the preamble to the Department's regulations,11 we are setting aside a period for interested parties to raise issues regarding product coverage (scope). The period for scope comments is intended to provide the Department with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determination. If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information. All such comments must be filed by 5:00 p.m. Eastern Time (“ET”) on March 31, 2015, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed no later than 10 calendar days after the initial comments deadline, which in this instance, is April 10, 2015.

    11See Antidumping Duties; Countervailing Duties; Final rule, 62 FR 27296, 27323 (May 19, 1997).

    The Department requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact the Department and request permission to submit the additional information. All such comments must be filed on the record of this investigation.

    Filing Requirements

    All submissions to the Department must be filed electronically using Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”).12 An electronically-filed document must be received successfully in its entirety by the time and date it is due. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance's APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines.

    12 On November 24, 2014, Enforcement and Compliance changed the name of Import Administration's AD and CVD Centralized Electronic Service System (“IA ACCESS”) to AD and CVD Centralized Electronic Service System (“ACCESS”). The Web site location has 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).

    Comments on Product Characteristics for AD Questionnaire

    The Department requests comments from interested parties regarding the appropriate physical characteristics of silicomanganese to be reported in response to the Department's AD questionnaire. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant cost of production accurately, as well as to develop appropriate product-comparison criteria.

    Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. Specifically, they may provide comments as to which characteristics are appropriate to use as: (1) General product characteristics; and (2) product-comparison criteria. We note that it is not always appropriate to use all product characteristics as product-comparison criteria. We base product-comparison criteria on meaningful commercial differences among products. In other words, although there may be some physical product characteristics utilized by manufacturers to describe silicomanganese, it may be that only a select few product characteristics take into account commercially meaningful physical characteristics. In addition, interested parties may comment on the order in which the physical characteristics should be used in matching products. Generally, the Department attempts to list the most important physical characteristics first and the least important characteristics last.

    In order to consider the suggestions of interested parties in developing and issuing the AD questionnaire, all comments must be filed by 5:00 p.m. ET on March 31, 2015, which is 20 calendar days from the signature date of this notice. Any rebuttal comments must be filed by 5:00 p.m. ET on April 10, 2015. All comments and submissions to the Department must be filed electronically using ACCESS, as explained above, on the record of this investigation.

    Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the “industry.”

    Section 771(4)(A) of the Act defines the “industry” as the producers as a whole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (“ITC”), which is responsible for determining whether “the domestic industry” has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product,13 they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.14

    13 See section 771(10) of the Act.

    14See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).

    Section 771(10) of the Act defines the domestic like product as “a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.” Thus, the reference point from which the domestic like product analysis begins is “the article subject to an investigation” (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the Petition).

    With regard to the domestic like product, Petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation. Based on our analysis of the information submitted on the record, we have determined that silicomanganese constitutes a single domestic like product and we have analyzed industry support in terms of that domestic like product.15

    15 For a discussion of the domestic like product analysis in this case, see Antidumping Duty Investigation Initiation Checklist: Silicomanganese from Australia (“Initiation Checklist”) at Attachment II, Analysis of Industry Support for the Antidumping Petition Covering Silicomanganese from Australia (“Attachment II”). This checklist is dated concurrently with this notice and can be accessed electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room 7046 of the main Department of Commerce building.

    In determining whether Petitioner has standing under section 732(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the “Scope of the Investigation,” in Appendix I of this notice. Petitioner provided its own 2014 production data for the domestic like product.16 In addition, Petitioner provided the 2014 domestic like product production data of Eramet Marietta, Inc., which was identified as the only other producer of silicomanganese in the United States.17 To establish industry support, Petitioner compared its own production data to data for the total production of the domestic like product for the entire domestic industry.18

    16See Petition, at 4 (fn. 4).

    17See First Petition Supplement, at 2 and Exhibit 1; see also Petition, at 3.

    18See First Petition Supplement, at 2. For further discussion, see Initiation Checklist, at Attachment II.

    Our review of the data provided in the Petition, supplemental submissions, and other information readily available to the Department indicates that Petitioner has established industry support.19 First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support (e.g., polling).20 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.21 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.22 Accordingly, the Department determines that the Petition was filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act.

    19See Initiation Checklist, at Attachment II.

    20See section 732(c)(4)(D) of the Act; see also Initiation Checklist, at Attachment II.

    21See Initiation Checklist, at Attachment II.

    22Id.

    The Department finds that Petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act and it has demonstrated sufficient industry support with respect to the AD investigation that it is requesting the Department to initiate.23

    23Id.

    Allegations and Evidence of Material Injury and Causation

    Petitioner alleges that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at less than normal value (“NV”). In addition, Petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.24

    24See Petition, at 23-24; see also Second Petition Supplement, at 5.

    Petitioner contends that the industry's injured condition is illustrated by reduced market share; underselling and price depression or suppression; lost sales and revenue; a plant shutdown and the inability to restart a third furnace for production; reduced employment levels; and decline in financial performance.25 We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.26

    25See Petition, at 1-2, 16-40 and Exhibits 5 and 20-28; see also Second Petition Supplement, at 1, 5 and Exhibit A.

    26See Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping Duty Petition Covering Silicomanganese from Australia.

    Allegation of Sales at Less Than Fair Value

    The following is a description of the allegation of sales at less than fair value upon which the Department based its decision to initiate an investigation of imports of silicomanganese from Australia. The sources of data relating to U.S. price and NV are discussed in greater detail in the initiation checklist.

    Export Price

    Petitioner based export price (“EP”) on the POI average unit value (“AUV”) of silicomanganese imports from Australia under Harmonized Tariff Schedule of the United States (“HTSUS”) subheading 7202.30.0000 (which covers the subject merchandise), calculated using U.S. import statistics obtained from the ITC's Dataweb. The AUV represents FOB Australia port terms. To be conservative, Petitioner made no adjustments to EP for foreign inland freight or other expenses at the port of exportation.27

    27See Petition, at 14 and Exhibit 5.

    Normal Value

    Petitioner alleged that the sales of silicomanganese in Australia were made at prices substantially below the fully-loaded cost of production (“COP”). Accordingly, Petitioner based NV on the constructed value (“CV”) of the imported merchandise.28

    28See Petition, at 14-16.

    Sales-Below-Cost Allegation

    Petitioner provided information demonstrating reasonable grounds to believe or suspect that sales of silicomanganese in the Australian market were made at prices below the COP, within the meaning of section 773(b) of the Act, and requested that the Department conduct a country-wide sales-below-cost investigation.29 The Statement of Administrative Action (“SAA”), submitted to Congress in connection with the interpretation and application of the Uruguay Round Agreements Act, states that an allegation of sales below COP need not be specific to individual exporters or producers.30 The SAA states that “Commerce will consider allegations of below-cost sales in the aggregate for a foreign country, just as Commerce currently considers allegations of sales at less than fair value on a country-wide basis for purposes of initiating an antidumping investigation.” 31

    29See Petition, at 15.

    30See SAA, H.R. Doc. No. 103-316 at 833 (1994).

    31Id.

    Further, section 773(b)(2)(A) of the Act requires that the Department have “reasonable grounds to believe or suspect” that below-cost sales have occurred before initiating such an investigation. Reasonable grounds exist when an interested party provides specific factual information on costs and prices, observed or constructed, indicating that sales in the foreign market in question are at below-cost prices.32 As explained in the “Cost of Production” section below, we find reasonable grounds exist that indicate sales in Australia were made at below-cost prices.

    32Id.

    Cost of Production

    Pursuant to section 773(b)(3) of the Act, COP consists of the cost of manufacturing (“COM”); selling, general and administrative (“SG&A”) expenses; financial expenses; and packing expenses. Petitioner calculated COM based on its experience adjusted for known differences between the United States and Australia during the proposed POI.33 Petitioner used 2014 global market prices for manganese ore as published in the Metal Bulletin,34 Bureau of Labor Statistics wage data,35 and electricity rates from an Australian electricity supplier36 to account for cost differences between the United States and Australia in the manufacture of silicomanganese. Petitioner calculated the cost of other materials based on its own experience.37

    33See Initiation Checklist.

    34See Petition, at Exhibit 11 and Second Petition Supplement, at 8.

    35See Petition, at Exhibit 14 and Second Petition Supplement, at 9.

    36See Petition, at Exhibits 16 and 17.

    37See Petition, at Exhibit 10 and Second Petition Supplement, at Exhibit D.

    Petitioner relied on the 2013 financial statements of Grange Resources Limited, an Australian producer of comparable merchandise (i.e., magnetite pellets), to determine the SG&A and profit ratios, which is consistent with the Department's practice. Petitioner calculated the factory overhead ratio based on its own production experience.38

    38See Second Petition Supplement, at 10 and Exhibit G.

    Petitioner obtained a price quote from Tasmanian Electro Metallurgical Company for silicomanganese, meeting ASTM A-483 grade B specifications, for sale in the Australian market. Based upon a comparison of the net price of the foreign like product in the home market to the COP of the product, we find reasonable grounds to believe or suspect that sales of the foreign like product in the comparison market were made below the COP, within the meaning of section 773(b)(2)(A)(i) of the Act.39 Accordingly, the Department is initiating a country-wide cost investigation relating to sales of silicomanganese in Australia.

    39See Second Petition Supplement, at 11.

    Normal Value Based on Constructed Value

    Because home market sales prices fell below COP, pursuant to sections 773(a)(4), 773(b) and 773(e) of the Act, Petitioner based NV on CV.40 Petitioner calculated CV using the same COM, SG&A, and financial expense used to calculate the COP, as discussed above. Petitioner relied on Grange Resources Limited's FY 2013 financial statements to determine the profit rate used in the calculation of CV.41

    40See Initiation Checklist.

    41See Petition, at Exhibits 18 and 19.

    Fair Value Comparisons

    Based on the data provided by Petitioner, there is reason to believe that imports of silicomanganese from Australia are being, or are likely to be, sold in the United States at less than fair value. Based on comparisons of export price to CV in accordance with section 773(a) of the Act, the estimated AD margin is 77.97 percent.42

    42See Initiation Checklist.

    Initiation of Less-Than-Fair-Value Investigation

    Based upon the examination of the Petition on silicomanganese from Australia, we find that the Petition meets the requirements of section 732 of the Act. Therefore, we are initiating an AD investigation to determine whether imports of silicomanganese from Australia are being, or are likely to be, sold in the United States at less than fair value. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 140 days after the date of this initiation.

    Respondent Selection

    The Petition names only one company as a producer/exporter of silicomanganese in Australia: Tasmanian Electro Metallurgical Company, and Petitioner provided information from an independent third-party source as support of this claim.43 Furthermore, we currently know of no additional producers/exporters of subject merchandise from Australia. Accordingly, the Department intends to examine all known producers/exporters in this investigation (i.e., the company named above). We invite interested parties to comment on this issue. Parties wishing to comment must do so within five days of the publication of this notice in the Federal Register. Comments must be filed electronically using ACCESS. An electronically-filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5 p.m. ET by the deadline noted above.

    43See Second Petition Supplement, at Exhibit B.

    Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the Petition have been provided to the government of Australia. To the extent practicable, we will attempt to provide a copy of the public version of the Petition to each exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).

    ITC Notification

    We have notified the ITC of our initiation, as required by section 732(d) of the Act.

    Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of silicomanganese from Australia are materially injuring or threatening material injury to a U.S. industry.44 A negative ITC determination will result in the investigation being terminated; 45 otherwise, the investigation will proceed according to statutory and regulatory time limits.

    44See section 733(a) of the Act.

    45Id.

    Submission of Factual Information

    On April 10, 2013, the Department published Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013), which modified two regulations related to AD and countervailing duty (“CVD”) proceedings: The definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301). The final rule identifies five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)-(iv). The final rule requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The final rule also modified 19 CFR 351.301 so that, rather than providing general time limits, there are specific time limits based on the type of factual information being submitted. These modifications are effective for all proceeding segments initiated on or after May 10, 2013, and thus are applicable to this investigation. Interested parties should review the final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt prior to submitting factual information in this investigation.

    Revised Extension of Time Limits Regulation

    On September 20, 2013, the Department modified its regulation concerning the extension of time limits for submissions in AD and CVD proceedings.46 The modification clarifies that parties may request an extension of time limits before a time limit established under 19 CFR part 351 expires, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the time limit established under Part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Examples include but are not limited to: (1) Case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2) factual information to value factors under 19 CFR 351.408(c), or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2) filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and correction information filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate country and surrogate values and rebuttal; (4) comments concerning U.S. Customs and Border Protection data; and (5) quantity and value questionnaires. Under certain circumstances, the Department may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, the Department will inform parties in a letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This modification also requires that an extension request be made in a separate, stand-alone submission, and clarifies the circumstances under which the Department will grant untimely-filed requests for the extension of time limits. These modifications are effective for all segments initiated on or after October 21, 2013, and thus are applicable to this investigation. Interested parties should review Extension of Time Limits; Final Rule, available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting requests to extend time limits in this investigation.

    46See Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013).

    Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.47 Parties are hereby reminded that revised certification requirements are in effect for company/government officials, as well as their representatives. Investigations initiated on the basis of petitions filed on or after August 16, 2013, and other segments of any AD or CVD proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule. 48 The Department intends to reject factual submissions if the submitting party does not comply with the applicable revised certification requirements.

    47See section 782(b) of the Act.

    48See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.

    Notification to Interested Parties

    Interested parties must submit applications for disclosure under administrative protective orders (“APO”) in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed in 19 CFR 351.103(d)).

    This notice is issued and published pursuant to section 777(i) of the Act and 19 CFR 351.203(c).

    Dated: March 11, 2015. Christian Marsh Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix I Scope of the Investigation

    The scope of this investigation covers all forms, sizes and compositions of silicomanganese, except low-carbon silicomanganese, including silicomanganese briquettes, fines, and slag. Silicomanganese is a ferroalloy composed principally of manganese, silicon, and iron, and normally contains much smaller proportions of minor elements, such as carbon, phosphorus, and sulfur. Silicomanganese is sometimes referred to as ferrosilicon manganese.

    Silicomanganese generally contains by weight not less than 4 percent iron, more than 30 percent manganese, more than 8 percent silicon and not more than 0.2 percent phosphorus. Silicomanganese is properly classifiable under subheading 7202.30.0000 of the Harmonized Tariff Schedule of the United States (“HTSUS”).

    Low-carbon silicomanganese is excluded from the scope of this investigation. It is sometimes referred to as ferromanganese-silicon. The low-carbon silicomanganese excluded from this investigation is a ferroalloy with the following chemical specifications by weight: minimum 55 percent manganese, minimum 27 percent silicon, minimum 4 percent iron, maximum 0.10 percent phosphorus, maximum 0.10 percent carbon, and maximum 0.05 percent sulfur. Low-carbon silicomanganese is classifiable under HTSUS subheading 7202.30.0000.

    The HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope is dispositive.

    [FR Doc. 2015-06142 Filed 3-16-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-822] Helical Spring Lock Washers From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013 AGENCY:

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

    SUMMARY:

    On November 7, 2014, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain helical spring lock washers (HSLW) from the People's Republic of China (PRC).1 The period of review (POR) is October 1, 2012, through September 30, 2013. For the final results, we continue to find that Jiangsu RC Import & Export Co., Ltd. (Jiangsu RC) made sales of subject merchandise at less than normal value. We also continue to find that Suzhou Guoxin Group Wang Shun Imp. and Exp. Co., Ltd. (Guoxin) is not eligible for a separate rate and remains part of the PRC-wide entity. Finally, we are not rescinding the review with respect to Winnsen Industry Co., Ltd. (Winnsen).

    1See Helical Spring Lock Washers From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2012-2013, 79 FR 66356 (November 7, 2014) (Preliminary Results).

    DATES:

    Effective Date: March 17, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Mary Kolberg or Sergio Balbontin, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1785, (202) 482-6478, respectively.

    SUPPLEMENTARY INFORMATION: Background

    On November 7, 2014, the Department published the Preliminary Results. We received case and rebuttal briefs with respect to the Preliminary Results. We conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act).

    Scope of the Order

    The merchandise subject to the order are HSLWs. The product is currently classified under subheading 7318.21.0000, 7318.21.0030, and 7318.21.0090 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written product description is dispositive. A full description of the scope of the order is contained in the Issues and Decision Memorandum, dated concurrently with and hereby adopted by this notice.2

    2See Memorandum “Issues and Decision Memorandum for the Final Results of Antidumping Duty Administrative Review: Helical Spring Lock Washers From the People's Republic of China; 2012-2013” dated concurrently with and hereby adopted by this notice (Issues and Decision Memorandum).

    Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as an appendix. 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).3 ACCESS is available to registered users at http://access.trade.gov. The Issues and Decision Memorandum is also available 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 directly on the Enforcement and Compliance Web site at http://enforcement.trade.gov/frn. The signed and electronic versions of the Issues and Decision Memorandum are identical in content.

    3 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).

    Changes Since the Preliminary Results

    Based on our analysis of comments received, we made revisions that have changed the results for Jiangsu RC. These changes include changes to the valuation of certain factors of production and calculation programming changes. For further details on the changes we made for these final results, see the Issues and Decision Memorandum.

    PRC-Wide Rate and PRC-Wide Entity

    For the Preliminary Results, the Department assigned to the PRC-wide entity the rate of 128.63 percent, the rate determined for the PRC-wide entity in this proceeding.4 Based on comments from interested parties in this administrative review, as discussed in the Issues and Decision Memorandum, we have calculated a final margin for Jiangsu RC of 192.88 percent, which is also the new rate for the PRC-wide entity.5

    4See Antidumping Duty Order: Certain Helical Spring Lock Washers From the People's Republic of China, 58 FR 53914 (October 19, 1993) and Amended Final Determination and Amended Antidumping Duty Order: Certain Helical Spring Lock Washers From the People's Republic of China, 58 FR 61859 (November 23, 1993).

    5See Issues and Decision Memorandum.

    In the Preliminary Results, the Department determined that Guoxin, which ceased participating in this review, did not demonstrate its eligibility for a separate rate and, therefore, Guoxin is part of the PRC-wide entity. No party commented on this finding. For the final results, we have continued to treat Guoxin as part of the PRC-wide entity.

    In the Preliminary Results we also determined that, while the request for review had been timely withdrawn for Winnsen, Winnsen did not have a separate rate prior to the Preliminary Results. Accordingly, the Department did not rescind the review with respect to Winnsen and it remained part of the PRC-wide entity, which remained under review.6 No party commented on this finding. For the final results, we continue to treat Winnsen as part of the PRC-wide entity.

    6See, e.g., Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review, 77 FR 47363, 47365 (August 8, 2012), unchanged in Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2010-2011, 78 FR 10130 (February 13, 2013). As noted in the Preliminary Results, a change in practice with respect to the conditional review of the PRC-wide entity is not applicable to this administrative review. See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65964, 65969-70 (November 4, 2013).

    Final Results of the Review

    As a result of this administrative review, we determine that the following weighted-average dumping margins exist:

    Exporter Weighted-
  • average
  • dumping
  • margin
  • (percent)
  • Jiangsu RC Import & Export Co., Ltd. 192.88 PRC-wide Rate 192.88
    Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. For customers or importers of Jiangsu RC for which we do not have entered value, we calculated customer-/importer-specific antidumping duty assessment amounts based on the ratio of the total amount of dumping duties calculated for the examined sales of subject merchandise to the total sales quantity of those same sales.7 For customers or importers of Jiangsu RC for which we received entered-value information, we have calculated customer/importer-specific antidumping duty assessment rates based on customer/importer-specific ad valorem rates in accordance with 19 CFR 351.212(b)(1).

    7See 19 CFR 351.212(b)(1).

    The Department announced a refinement to its assessment practice in NME cases.8 Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, including, in this case, Guoxin and Winnsen, the Department will instruct CBP to liquidate such entries at the revised PRC-wide rate of 192.88 percent. In addition, for companies for which the Department determined that the exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the PRC-wide rate.

    8 For a full discussion of this practice, see Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011).

    We intend to issue assessment instructions to CBP 15 days after the date of publication of the final results of review.

    Cash Deposit Requirements

    The following cash deposit requirements will be effective upon publication of these final results of review for all shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date as provided by section 751(a)(2)(C) of the Act: (1) For subject merchandise exported by the companies listed above that have separate rates, the cash deposit rate will be the rate established in these final results of review for each exporter as listed above; (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the exporter-specific rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity; (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements shall remain in effect until further notice.

    Notification

    This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties.

    This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written 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 sanctionable violation.

    These final results of review are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: March 9, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Separate Rate/PRC-Wide Entity 5. Surrogate Country 6. Discussion of the Issues Surrogate Values Comment 1: Whether the Department Used the Correct Surrogate Value and/or Time Period for Hot-Rolled Circular Silico-Manganese Steel Bar Comment 2: Whether the Department's SAS Program Included a Value for Plywood Comment 3: Whether the Department's SAS Program Properly Calculated TOTCOM Financial Statements/Ratios Comment 4: Whether the Department Should Use the Financial Statements of System 3 Comment 5: Whether the Department Should Use the Financial Statements of Mahajak Autoparts, and Hitech Fasteners Comment 6: Whether the Department Should Adjust the Financial Ratio Calculations Based on the Financial Statements of Siam Anchor, System 3, and Bangkok Fastenings Value-Added Taxes Comment 7: Whether the Department Should Continue to Deduct from U.S. Price Irrecoverable Value-Added Tax 7. Recommendation
    [FR Doc. 2015-05957 Filed 3-16-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Economic Development Administration Proposed Information Collection; Comment Request; Comprehensive Economic Development Strategy AGENCY:

    Economic Development Administration (EDA), Department of Commerce.

    ACTION:

    Notice.

    SUMMARY:

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

    DATES:

    Written comments must be submitted on or before May 18, 2015.

    ADDRESSES:

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

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to David Ives, Senior Program Analyst, Performance and National Programs Division, Room 71030, Economic Development Administration, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at [email protected]).

    SUPPLEMENTARY INFORMATION: I. Abstract

    The mission of the Economic Development Administration (EDA) is to lead the federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy. In order to effectively administer and monitor its economic development assistance programs, EDA collects certain information from applications for, and recipients of, EDA investment assistance. This 60-day Federal Register Notice covers: Comprehensive Economic Development Strategy (CEDS). The collection of this information is required to ensure the recipient is complying with EDA's CEDS requirements. A CEDS is required for an eligible applicant to qualify for an EDA investment assistance under its Public Works, Economic Adjustment, and certain planning programs, and is a prerequisite for a region's designation by EDA as an Economic Development District (see 13 CFR 303, 305.2, and 307.2 of EDA's regulations).

    II. Method of Collection

    Paper and electronic submissions.

    III. Data

    OMB Control Number: 0610-0093.

    Form Number(s): None.

    Type of Review: Regular submission.

    Affected Public: Not-for-profit institutions; Federal government; State, local or tribal government; Business or other for-profit organizations.

    Estimated Number of Respondents: 527.

    Estimated Time per Response: 480 hours for the initial CEDS for a District organization or other planning organization funded by EDA; 160 hours for the CEDS revision required at least every 5 years from and EDA-funded District or other planning organization; 40 hours per applicant for EDA Public Works or Economic Adjustment Assistance with a project deemed by EDA to merit further consideration that is not located in an EDA-funded District.

    Estimated Total Annual Burden Hours: 31,640.

    Estimated Total Annual Cost to Public: $0.

    IV. Request for Comments

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

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

    Dated: March 13, 2015. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2015-06194 Filed 3-17-15; 8:45 am] BILLING CODE 3510-24-P
    DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2015-0010] Proposed Collection; Comment Request AGENCY:

    Network Enterprise Technology Command, Department of the Army, DoD.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Network Enterprise Technology Command announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Consideration will be given to all comments received by May 18, 2015.

    ADDRESSES:

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

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

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

    Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information. Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at http://www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Headquarters, Network Enterprise Technology Command, Military Auxiliary Radio System, Salado, TX 76571, ATTN: Paul English, or call 254-947-3141.

    SUPPLEMENTARY INFORMATION:

    Title; Associated Form; and OMB Number: Application to Operate a Military Auxiliary Radio System (MARS) Station; Army MARS Form AM-1; OMB Control Number 0702-XXXX.

    Needs and Uses: The MARS program is a civilian auxiliary organization consisting primarily of licensed amateur radio operators who are interested in assisting the military with communications on a local, national, and international basis as an adjunct to licensed and published national (civilian and military) communications and providing worldwide auxiliary emergency or contingency communications during times of need in support of the Department of Defense. The information collection requirement, use and storage is necessary to determine an applicant's eligibility for the program and initiate a background investigation (should a security clearance be required), and to maintain a current and accurate roster of program enrollees as well as to keep a historical data base on completed/adjudicated (accepted, not accepted, no longer affiliated) applications. Secondary use of the collected information is used to show the geographic dispersion of the members who participate in the global High Frequency radio network program and to ensure our radio spectrum authorizations cover the geographic areas from which our members would operate. Tertiary, the information is used to send periodic email informational updates and status/news about the MARS program.

    Affected Public: Individual members of the general public and Federal Communications Commission licensed Amateur Radio operators who are interested in providing emergency and contingency communications.

    Annual Burden Hours: 660.

    Number of Respondents: 660.

    Responses per Respondent: 1.

    Average Burden per Response: 1 hr.

    Frequency: On occasion.

    Individuals and FCC licensed Amateur Radio operators voluntarily indicate a desire to join the Army MARS program. These interested individuals are required to submit the “Application to Operate a MARS Station form” for verification of applicants qualifications and certifications required for acceptance into the program. Once accepted into the MARS program, the information provided is entered into the MARS membership database so that the Program Manager has accurate roster of all current and former members of Army MARS. Member information, specifically the email address, is used by the Program Manager disseminate general program information, upcoming training events, and other related activities. Member phone numbers are also used (on occasion) as a secondary means to contact members as well as to solicit information, ideas and observations directly. Postal address are used to validate current mailing information and to categorize members physical locations, thereby generating an accurate overview of members locations throughout the world to aggregate radio network coverage. Concurrently, the postal address is used to mail certificates of achievement and appreciation to those members who excel in their participation supporting the MARS program. The date of birth is used to verify that minimum age restrictions for acceptance into the MARS program and initiate a security clearance background check (if required).

    Dated: March 12, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-06046 Filed 3-16-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Navy Notice of Intent To Grant Exclusive Patent License; Vivinostics LLC AGENCY:

    Department of the Navy, DOD.

    ACTION:

    Special notice.

    SUMMARY:

    The Department of the Navy hereby gives notice of its intent to grant an exclusive license to Vivinostics LLC of Gainesville, FL. The proposed license is a revocable, nonassignable, exclusive license to practice the inventions embodied in U.S. Pat. No. 7,128,714: NON-CONTACT WAVEFORM MONITOR; U.S. Pat. No. 8,177,721: REMOTE BLOOD PRESSURE WAVEFORM SENSING METHOD; and, U.S. Pat. No. 8,444,568 REMOTE BLOOD PRESSURE WAVEFORM SENSING METHOD throughout the United States, the District of Columbia, the Commonwealth of Puerto Rico, and all other United States territories and possessions. The Secretary of the Navy has an ownership interest in these inventions.

    DATES:

    Anyone wishing to object to the grant of this license must file written objections along with supporting evidence, if any, not later than April 1, 2015.

    ADDRESSES:

    Written objections are to be filed with the Naval Undersea Warfare Center Division, Newport, 1176 Howell St., Bldg 102T, Code 00T2, Newport, RI 02841.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Theresa A. Baus, Head, Technology Partnerships Office, Naval Undersea Warfare Center Division, Newport, 1176 Howell St., Bldg 102T, Code 00T2, Newport, RI 02841, telephone 401-832-8728, or E-Mail [email protected]

    Authority:

    35 U.S.C. 207, 37 CFR part 404.

    Dated: March 11, 2015. N.A. Hagerty-Ford, Commander, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2015-06101 Filed 3-16-15; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF EDUCATION Privacy Act of 1974; System of Records—Impact Evaluation of Support for Principals AGENCY:

    Institute of Education Sciences, Department of Education.

    ACTION:

    Notice of a new system of records.

    SUMMARY:

    In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (Department) publishes this notice of a new system of records entitled “Impact Evaluation of Support for Principals” (18-13-37). The National Center for Education Evaluation and Regional Assistance at the Department's Institute of Education Sciences (IES) awarded a contract in June 2014 to Mathematica Policy Research to provide evidence on principal professional development effectiveness.

    DATES:

    Submit your comments on this proposed new system of records on or before April 16, 2015.

    The Department filed a report describing the new system of records covered by this notice with the Chair of the Senate Committee on Homeland Security and Governmental Affairs, the Chair of the House Committee on Oversight and Government Reform, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB) on March 6, 2015. This system of records will become effective on the later date of: (1) The expiration of the 40-day period for OMB review on April 15, 2015, unless OMB waives 10 days of the 40-day review period for compelling reasons shown by the Department, or (2) April 16, 2015, unless the system of records needs to be changed as a result of public comment or OMB review. The Department will publish any changes to the system of records or routine uses that result from public comment or OMB review.

    ADDRESSES:

    Address all comments about the new system of records to Dr. Audrey Pendleton, Associate Commissioner, Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue NW., Room 502D, Washington, DC 20208-0001. Telephone: (202) 208-7078. If you prefer to send your comments through the Internet, use the following address: [email protected]

    You must include the phrase “Impact Evaluation of Support for Principals” in the subject line of the electronic message.

    During and after the comment period, you may inspect all public comments about this notice at the Department in Room 502D, 555 New Jersey Avenue NW., Washington, DC, between the hours of 8:00 a.m. and 4:30 p.m., Washington, DC time, Monday through Friday of each week except Federal holidays.

    Assistance to Individuals With Disabilities in Reviewing the Rulemaking Record

    On request we will provide an appropriate accommodation or auxiliary aid to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for this notice. If you want to schedule an appointment for this type of accommodation or aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Audrey Pendleton, Associate Commissioner, Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue NW., Room 502D, Washington, DC 20208-0001. Telephone: (202) 208-7078. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), you may call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the contact person listed in this section.

    SUPPLEMENTARY INFORMATION: Introduction

    The Privacy Act (5 U.S.C. 552a(e)(4) and (e)(11)) requires the Department to publish in the Federal Register this notice of a new system of records maintained by the Department. The Department's regulations implementing the Privacy Act are contained in part 5b of title 34 of the Code of Federal Regulations (CFR).

    The Privacy Act applies to any record about an individual that is maintained in a system of records from which individually identifying information is retrieved by a unique identifier associated with each individual, such as a name or Social Security number (SSN). The information about each individual is called a “record,” and the system, whether manual or computer-based, is called a “system of records.”

    The Privacy Act requires each agency to publish a notice of a system of records in the Federal Register and to prepare and send a report to OMB whenever the agency publishes a new system of records or makes a significant change to an established system of records. Each agency is also required to send copies of the report to the Chair of the Senate Committee on Homeland Security and Governmental Affairs and the Chair of the House Committee on Oversight and Government Reform. These reports are intended to permit an evaluation of the probable effect of the proposal on the privacy rights of individuals.

    The system will contain personally identifying information on approximately 37,500 students, 1,200 teachers, and 100 principals from 10 school districts and will include, but will not necessarily be limited to, data on: (1) For students, standardized math and English/Language Arts test scores, age, sex, race/ethnicity, grade, eligibility for free/reduced-price lunches, English Learner status, individualized education plan status, school enrollment dates, attendance, and discipline records, and (2) for principals and teachers, individual district identifiers, school assignments, grades and subjects taught, and any available principal and teacher background characteristics, including age, sex, race/ethnicity, certifications, degrees, years of teaching experience, scores on licensure or certification tests, and teacher and principal performance ratings from district evaluation systems.

    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 12, 2015. Sue Betka, Acting Director, Institute of Education Sciences.

    For the reasons discussed in the preamble, the Director of the Institute of Education Sciences, U.S. Department of Education (Department) publishes a notice of a new system of records to read as follows:

    SYSTEM NUMBER: 18-13-37 SYSTEM NAME:

    Impact Evaluation of Support for Principals.

    SECURITY CLASSIFICATION:

    None.

    SYSTEM LOCATIONS:

    (1) Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences (IES), U.S. Department of Education, 555 New Jersey Avenue NW., Room 502D, Washington, DC 20208-0001.

    (2) Mathematica Policy Research, P.O. Box 2393, Princeton, NJ 08543-2393 (contractor).

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    The system of records will include personally identifying information about the students, teachers, and principals who participate in the study. The system will contain records on approximately 1,200 teachers, 100 principals, and 37,500 students from 10 school districts.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    For students, this information will include, but will not necessarily be limited to, standardized math and English/Language Arts test scores, age, sex, race/ethnicity, grade, eligibility for free/reduced-price lunches, English Learner status, individualized education plan status, school enrollment dates, attendance, and discipline records. For principals and teachers, this information will include, but will not necessarily be limited to, individual district identifiers, school assignments, grades and subjects taught, and any available principal and teacher background characteristics, including age, sex, race/ethnicity, certifications, degrees, years of teaching experience, scores on licensure or certification tests, and teacher and principal performance ratings from district evaluation systems.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    The study is authorized under sections 171(b) and 173 of the Education Sciences Reform Act of 2002 (ESRA) (20 U.S.C. 9561(b) and 9563) and section 9601 of the Elementary and Secondary Education Act of 1965, as amended (ESEA) (20 U.S.C. 7941).

    PURPOSE(S):

    The information contained in the records maintained in this system will be used to conduct a rigorous study of the effectiveness of providing principals with professional development.

    The study will address the following central research question: What are the impacts of principals' professional development on teacher retention, teacher effectiveness, and student achievement? Secondary research questions for the study are: What are principals' professional development experiences? What are the impacts of principals' professional development on school climate and principals' and teachers' practices?

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

    The Department may disclose information contained in a record in this system of records under the routine uses listed in this system of records without the consent of the individual if the disclosure is compatible with the purposes for which the record was collected. The Department may make these disclosures on a case-by-case basis or, if the Department has complied with the computer matching requirements of the Privacy Act of 1974, as amended (Privacy Act), under a computer matching agreement. Any disclosure of individually identifiable information from a record in this system must also comply with the requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality standards that apply to all collection, reporting and publication of data by the Institute of Education Sciences. Any disclosure of personally identifiable information from student education records that were obtained from school districts must also comply with the requirements of the Family Educational Rights and Privacy Act (20 U.S.C. 1232g; 34 CFR part 99), which protects the privacy of student education records.

    Contract Disclosure. If the Department contracts with an entity to perform any function that requires disclosing records in this system to the contractor's employees, the Department may disclose the records to those employees who have received the appropriate level of security clearance from the Department. Before entering into such a contract, the Department will require the contractor to establish and maintain the safeguards required under the Privacy Act (5 U.S.C. 552a(m)) with respect to the records in the system.

    DISCLOSURE TO CONSUMER REPORTING AGENCIES:

    None.

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:

    The Department will maintain records on CD-ROM, and the contractor (Mathematica Policy Research) will maintain data for this system on computers and in hard copy.

    RETRIEVABILITY:

    Records in this system will be indexed and retrieved by a unique number assigned to each individual that will be cross-referenced by the individual's name on a separate list.

    SAFEGUARDS:

    All physical access to the Department's site and to the site of the Department's contractor, where this system of records will be maintained, controlled and monitored by security personnel. The computer system employed by the Department offers a high degree of resistance to tampering and circumvention. This security system limits data access to Department and contract staff on a need-to-know basis and controls individual users' ability to access and alter records within the system.

    The contractor will establish a similar set of procedures at its site to ensure confidentiality of data. The contractor is required to ensure that information identifying individuals is in files physically separated from other research data and electronic files identifying individuals are separated from other electronic research data files. The contractor will maintain security of the complete set of all master data files and documentation. Access to individually identifiable data will be strictly controlled. All information will be kept in locked file cabinets during nonworking hours, and work on hardcopy data will take place in a single room, except for data entry.

    Physical security of electronic data will be also maintained. Security features that protect project data will include: Password-protected accounts that authorize users to use the contractor's system but to access only specific network directories and network software; user rights and directory and file attributes that limit those who can use particular directories and files and determine how they can use them; and additional security features that the network administrators will establish for projects as needed. The Department's and the contractor's employees who “maintain” (collect, maintain, use, or disseminate) data in this system must comply with the requirements of the Privacy Act and the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).

    RETENTION AND DISPOSAL:

    Records are maintained and disposed of in accordance with the Department's Records Disposition Schedules (GRS 23, Item 8).

    SYSTEM MANAGER AND ADDRESS:

    Associate Commissioner, Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue NW., Room 502D, Washington, DC 20208-0001.

    NOTIFICATION PROCEDURE:

    If you wish to determine whether a record exists regarding you in the system of records, contact the system manager. Your request must meet the requirements of the Department's Privacy Act regulations at 34 CFR 5b.5, including proof of identity.

    RECORD ACCESS PROCEDURE:

    If you wish to gain access to a record about you in this system of records, contact the system manager. Your request must meet the requirements of the Department's Privacy Act regulations at 34 CFR 5b.5, including proof of identity.

    CONTESTING RECORD PROCEDURE:

    If you wish to contest the content of a record regarding you in the system of records, contact the system manager. Your request must meet the requirements of the Department's Privacy Act regulations at 34 CFR 5b.7, including proof of identity.

    RECORD SOURCE CATEGORIES:

    This system will contain records on principals, teachers, and students participating in an impact evaluation of support for principals. Data will be obtained through human resource and student administrative records maintained by the school districts and surveys of principals and teachers.

    EXEMPTIONS CLAIMED FOR THE SYSTEM:

    None.

    [FR Doc. 2015-06102 Filed 3-16-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP15-104-000] DBM Pipeline, LLC; Notice of Application

    Take notice that on March 3, 2015, DBM Pipeline, LLC (DBM Pipeline), 1201 Lake Robbins Drive, The Woodlands, Texas 77380, filed in Docket No. CP15-104-000 an application pursuant to section 7(c) of the Natural Gas Act (NGA) and Part 157 of the Commission's regulations, requesting: (i) Authorization to own, operate and maintain its existing 9-mile,16-inch diameter Ramsey Residue Line located in Reeves County, Texas; (ii) a blanket certificate, pursuant to Part 157, Subpart F of the Commission's regulations; (iii) a blanket certificate pursuant to Part 284, Subpart G of the Commission's regulation; and (iv) waivers of certain regulatory requirements. DBM Pipeline estimates the cost of the Project to be approximately $9.7 million, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing may also be viewed on the web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [email protected] or call toll-free, (886) 208-3676 or TYY, (202) 502-8659.

    Any questions regarding this application should be directed to Philip H. Peacock, Vice President, General Counsel and Corporate Secretary, DBM Pipeline, LLC, 1201 Lake Robbins Drive, The Woodlands, Texas 77380, by telephone at (832) 636-600 or by email at [email protected].

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's EA.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit seven copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and seven copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    Comment Date: March 31, 2015.

    Dated: March 10, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-06026 Filed 3-16-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY DOE/NSF Nuclear Science Advisory Committee (NSAC) AGENCY:

    Office of Science. Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the DOE/NSF Nuclear Science Advisory Committee (NSAC). The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of these meetings be announced in the Federal Register.

    DATES:

    Friday, April 3, 2015; 8:30 a.m.-5:30 p.m.

    ADDRESSES:

    Gaithersburg Marriott Washingtonian Center, 9750 Washingtonian Boulevard, Gaithersburg, Maryland 20878, 301-590-0044.

    FOR FURTHER INFORMATION CONTACT:

    Brenda L. May, U.S. Department of Energy; SC-26/Germantown Building, 1000 Independence Avenue SW., Washington, DC 20585-1290; Telephone: 301-903-0536 or email: [email protected].

    The most current information concerning this meeting can be found on the Web site: http://science.gov/np/nsac/meetings/.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to provide advice and guidance on a continuing basis to the Department of Energy and the National Science Foundation on scientific priorities within the field of basic nuclear science research.

    Tentative Agenda: Agenda will include discussions of the following:

    Friday, April 3, 2015 • Perspectives from Department of Energy and National Science Foundation • Update from the Department of Energy and National Science Foundation's Nuclear Physics Office's • Presentation of New Charge on Molybdenum-99 • Report of the NSAC Isotopes Subcommittee • Discussion of the NSAC Isotopes Subcommittee Report • Report of the EIC Cost Subcommittee • Discussion of the EIC Cost Report • Status of the Long Range Plan Note:

    The NSAC Meeting will be broadcast live on the Internet. You may find out how to access this broadcast by going to the following site prior to the start of the meeting. A video record of the meeting including the presentations that are made will be archived at this site after the meeting ends: http://www.tvworldwide.com/events/DOE/150403.

    Public Participation: The meeting is open to the public. If you would like to file a written statement with the Committee, you may do so either before or after the meeting. If you would like to make oral statements regarding any of these items on the agenda, you should contact Brenda L. May, 301-903-0536 or [email protected] (email). You must make your request for an oral statement at least five business days before the meeting. Reasonable provision will be made to include the scheduled oral statements on the agenda. The Chairperson of the Committee will conduct the meeting to facilitate the orderly conduct of business. Public comment will follow the 10-minute rule.

    Minutes: The minutes of the meeting will be available on the U.S. Department of Energy's Office of Nuclear Physics Web site for viewing at: http://science.energy.gov/np/nsac/.

    Issued in Washington, DC, on March 10, 2015. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2015-05953 Filed 3-16-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL15-52-000, QF13-403-002] Winding Creek Solar LLC; Notice of Petition for Enforcement

    Take notice that on March 9, 2015, Winding Creek Solar LLC (Winding Creek) filed a Petition for Enforcement, pursuant to section 210(h)(2)(B) of the Public Utility Regulatory Policies Act of 1978 (PURPA), requesting that the Federal Energy Regulatory Commission (Commission) exercise its authority and initiate enforcement action against the California Public Utilities Commission (CPUC), to remedy the CPUC's implementation of PURPA. Winding Creek asserts that CPUC's implementation is improper and contrary to the requirements of PURPA and the Commission's regulations, as more fully explained in its petition.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on March 30, 2015.

    Dated: March 10, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-06027 Filed 3-16-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY [FE Docket No. 15-13-LNG] Eni Gas Marketing LLC; Application for Blanket Authorization To Export Previously Imported Liquefied Natural Gas on a Short-Term Basis AGENCY:

    Office of Fossil Energy, DOE.

    ACTION:

    Notice of application.

    SUMMARY:

    The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice of receipt of an application (Application), filed on January 21, 2015, by Eni USA Gas Marketing LLC (Eni USA Gas Marketing), requesting blanket authorization to export liquefied natural gas (LNG) previously imported into the United States from foreign sources in an amount up to the equivalent of 100 billion cubic feet (Bcf) of natural gas on a short-term or spot market basis for a two-year period commencing on April 21, 2015.1 Eni USA Gas Marketing seeks authorization to export the LNG from the Cameron LNG Terminal—owned by Cameron LNG, LLC, and located in Cameron Parish, Louisiana—to any country with the capacity to import LNG via ocean-going carrier and with which trade is not prohibited by U.S. law or policy. Eni USA Gas Marketing states that it does not seek authorization to export any domestically produced natural gas or LNG. DOE/FE notes that Eni USA Gas Marketing currently holds a blanket authorization to import LNG from various international sources by vessel in an amount up to the equivalent of 400 Bcf of natural gas.2 Eni USA Gas Marketing is requesting this authorization both on its own behalf and as agent for other parties who hold title to the LNG at the time of export. The Application was filed under section 3 of the Natural Gas Act (NGA). Additional details can be found in Eni USA Gas Marketing's Application, posted on the DOE/FE Web site at: http://energy.gov/fe/downloads/eni-usa-gas-marketing-llc-fe-dkt-no-15-13-lng. Protests, motions to intervene, notices of intervention, and written comments are invited.

    1 Eni USA Gas Marketing's current blanket authorization to export previously imported LNG, granted in DOE/FE Order No. 3247 on March 5, 2013, extends through March 2, 2015. Eni USA Gas Marketing requests that the new blanket authorization take effect on April 21, 2015, as noted above.

    2Eni USA Gas Marketing LLC, DOE/FE Order No. 3574, FE Docket No. 14-201-LNG, Order Granting Blanket Authorization to Import Liquefied Natural Gas from Various International Sources by Vessel (Jan. 16, 2015).

    DATES:

    Protests, motions to intervene or notices of intervention, as applicable, requests for additional procedures, and written comments are to be filed using procedures detailed in the Public Comment Procedures section no later than 4:30 p.m., Eastern time, April 16, 2015.

    ADDRESSES:

    Electronic Filing by Email

    [email protected].

    Regular Mail

    U.S. Department of Energy (FE-34), Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, P.O. Box 44375, Washington, DC 20026-4375.

    Hand Delivery or Private Delivery Services (e.g., FedEx, UPS, etc.)

    U.S. Department of Energy (FE-34), Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue SW., Washington, DC 20585.

    FOR FURTHER INFORMATION CONTACT:

    Beverly Howard, or Larine Moore, U.S. Department of Energy (FE-34) , Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-9387; (202) 586-9478. Cassandra Bernstein, U.S. Department of Energy, Office of the Assistant General Counsel for Electricity and Fossil Energy, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-9793. SUPPLEMENTARY INFORMATION: DOE/FE Evaluation

    The Application will be reviewed pursuant to section 3 of the NGA, as amended, and the authority contained in DOE Delegation Order No. 00-002.00N (July 11, 2013) and DOE Redelegation Order No. 00-006.02 (Nov. 17, 2014). In reviewing this LNG export application, DOE will consider domestic need for the gas, as well as any other issues determined to be appropriate, including whether the arrangement is consistent with DOE's policy of promoting competition in the marketplace by allowing commercial parties to freely negotiate their own trade arrangements. Parties that may oppose this application should comment in their responses on these issues.

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

    Public Comment Procedures

    In response to this Notice, any person may file a protest, comments, or a motion to intervene or notice of intervention, as applicable. Any person wishing to become a party to the proceeding must file a motion to intervene or notice of intervention. The filing of comments or a protest with respect to the Application will not serve to make the commenter or protestant a party to the proceeding, although protests and comments received from persons who are not parties will be considered in determining the appropriate action to be taken on the Application. All protests, comments, motions to intervene, or notices of intervention must meet the requirements specified by the regulations in 10 CFR part 590.

    Filings may be submitted using one of the following methods: (1) Emailing the filing to [email protected], with FE Docket No. 15-13-LNG in the title line; (2) mailing an original and three paper copies of the filing to the Office of Oil and Gas Global Security and Supply at the address listed in ADDRESSES; or (3) hand delivering an original and three paper copies of the filing to the Office of Oil and Gas Global Supply at the address listed in ADDRESSES. All filings must include a reference to FE Docket No. 15-13-LNG. PLEASE NOTE: If submitting a filing via email, please include all related documents and attachments (e.g., exhibits) in the original email correspondence. Please do not include any active hyperlinks or password protection in any of the documents or attachments related to the filing. All electronic filings submitted to DOE must follow these guidelines to ensure that all documents are filed in a timely manner. Any hardcopy filing submitted greater in length than 50 pages must also include, at the time of the filing, a digital copy on disk of the entire submission.

    A decisional record on the Application will be developed through responses to this notice by parties, including the parties' written comments and replies thereto. Additional procedures will be used as necessary to achieve a complete understanding of the facts and issues. If an additional procedure is scheduled, notice will be provided to all parties. If no party requests additional procedures, a final Opinion and Order may be issued based on the official record, including the Application and responses filed by parties pursuant to this notice, in accordance with 10 CFR 590.316.

    The Application is available for inspection and copying in the Division of Natural Gas Regulatory Activities docket room, Room 3E-042, 1000 Independence Avenue SW., Washington, DC 20585. The docket room is open between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. The Application and any filed protests, motions to intervene or notice of interventions, and comments will also be available electronically by going to the following DOE/FE Web address: http://www.fe.doe.gov/programs/gasregulation/index.html.

    Issued in Washington, DC, on March 4, 2015. John A. Anderson, Director, Office of Oil and Gas Global Security and Supply, Office of Oil and Natural Gas. [FR Doc. 2015-05950 Filed 3-16-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14514-001] Community of Elfin Cove, dba Elfin Cove Utility Commission; Notice of Intent To File License Application, Filing of Pre-Application Document, and Approving Use of the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and Request to Use the Traditional Licensing Process.

    b. Project No.: 14514-001.

    c. Date Filed: February 2, 2015.

    d. Submitted By: Community of Elfin Cove, dba Elfin Cove Utility Commission.

    e. Name of Project: Crooked Creek and Jim's Lake Hydroelectric Project.

    f. Location: On Crooked Creek and Jim's Lake, approximately 70 miles west of Juneau, Alaska. The project occupies 60 acres of land within the Tongass National Forest, administered by the United States Forest Service.

    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.

    h. Potential Applicant Contact: Joel Groves, PE, Polarconsult Alaska, Inc., 1503 West 33rd Avenue, Suite 310, Anchorage, Alaska 99503; (907) 258-2420 x204.

    i. FERC Contact: Sean O'Neill at (202) 502-6462; or email at [email protected].

    j. Elfin Cove Utility Commission filed its request to use the Traditional Licensing Process on February 2, 2015. Elfin Cove Utility Commission provided public notice of its request on February 3, 2015. In a letter dated March 11, 2015, the Director of the Division of Hydropower Licensing approved Elfin Cove Utility Commission's request to use the Traditional Licensing Process.

    k. With this notice, we are initiating informal consultation with the U.S. Fish and Wildlife Service and NOAA Fisheries under section 7 of the Endangered Species Act and the joint agency regulations thereunder at 50 CFR part 402; and NOAA Fisheries under section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act and implementing regulations at 50 CFR 600.920. We are also initiating consultation with the Alaska State Historic Preservation Officer, as required by section 106, National Historic Preservation Act, and the implementing regulations of the Advisory Council on Historic Preservation at 36 CFR 800.2.

    l. Elfin Cove Utility Commission filed a Pre-Application Document (PAD; including a proposed process plan and schedule) with the Commission, pursuant to 18 CFR 5.6 of the Commission's regulations.

    m. A copy of the PAD is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site (http://www.ferc.gov), using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). A copy is also available for inspection and reproduction at the address in paragraph h.

    n. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances related to this or other pending projects. For assistance, contact FERC Online Support.

    Dated: March 11, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-06080 Filed 3-16-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14649-000] Mid-Atlantic Hydro, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications

    On December 1, 2014, Mid-Atlantic Hydro, LLC filed an application for a preliminary permit under section 4(f) of the Federal Power Act proposing to study the feasibility of the proposed Ellis Hydroelectric Project No. 14649-000, to be located at the existing Ellis Lock and Dam on the Muskingum River, near the township of Ellis, in Muskingum County, Ohio. The Ellis Lock and Dam is owned and operated by the state of Ohio. There are no federal lands associated with the project. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorize the permit holder to perform any land-disturbing activities or otherwise enter upon lands or waters owned by others without the owners' express permission.

    The proposed project would consist of: (1) The existing 340-foot-long by 15.3-foot-high Ellis Dam spillway and 352-acre reservoir with a normal elevation of 690 feet mean sea level; (2) five new 500-kilowatt Very Low Head 4000 submersible turbine-generator units with a combined capacity of 2.5 megawatts; (3) a new 40-foot-long by 20-foot-wide switchyard containing a three phase step-up transformer, protective equipment, and metering equipment; (4) a new 150-foot-long, 12.5 to 34.5 kilovolt, overhead transmission line that would connect to an existing local utility distribution system; and (5) appurtenant facilities. The project would have an estimated annual generation of 9,500 megawatt-hours.

    Applicant Contact: Mr. John Collins, 5425 Wisconsin Avenue, Suite 600, Chevy Chase, MD 20815, (301) 718-4431.

    FERC Contact: Tyrone A. Williams, (202) 502-6331.

    Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36. The Commission strongly encourages electronic filing. Please file comments, motions to intervene, notices of intent, and competing applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P-14649-000.

    More information about this project, including a copy of the application, can be viewed or printed on the “eLibrary” link of Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-14649) in the docket number field to access the document. For assistance, contact FERC Online Support.

    Dated: March 11, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-06082 Filed 3-16-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Energy Information Administration Agency Information Collection Extension AGENCY:

    U.S. Energy Information Administration (EIA), U.S. Department of Energy.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    The EIA, pursuant to the Paperwork Reduction Act of 1995, intends to extend for three years the Form EIA-886, Annual Survey of Alternative Fueled Vehicles, an information collection request with the Office of Management and Budget (OMB). Comments are invited on: (a) Whether the extended collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Comments regarding this proposed information collection must be received on or before May 18, 2015. If you anticipate difficulty in submitting comments within that period, contact the person listed in the ADDRESSES section below as soon as possible.

    ADDRESSES:

    Written comments may be sent to Cynthia Amezcua, EI-22, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585, or by fax at (202) 586-9753 or by email at [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Cynthia Amezcua by phone at (202) 586-1658 or by email at the address listed above. Access to the proposed form, instructions, and internet data collection screens can be found at: http://www.eia.gov/survey/#eia-886.

    SUPPLEMENTARY INFORMATION:

    This information collection request contains:

    (1) OMB No.: 1905-0191;

    (2) Information Collection Request Title: Annual Survey of Alternative Fueled Vehicles;

    (3) Type of Request: Extension of a currently approved collection;

    (4) Purpose: Form EIA-886 is an annual survey that collects information on the number and type of alternative fueled vehicles (AFVs) and other advanced technology vehicles that vehicle suppliers made available in the previous calendar year and plan to make available in the following calendar year; the number, type and geographic distribution of AFVs in use in the previous calendar year; and the amount and distribution of each type of alternative transportation fuel (ATF) consumed in the previous calendar year. Form EIA-886 data are collected from suppliers and users of AFVs. EIA uses data from these groups as a basis for estimating total AFV and ATF use in the U.S. These data are needed by Federal and State agencies, fuel suppliers, transit agencies and other fleets to determine if sufficient quantities of AFVs are available for purchase and to provide Congress with a measure of the extent to which the objectives of the Energy Policy Act of 1992 are being achieved. These data serve as market analysis tools for Congress, Federal/State agencies, AFV suppliers, vehicle fleet managers, and other interested organizations and persons. These data are also needed to satisfy numerous public requests for detailed information on AFVs and ATFs (in particular, the number of AFVs distributed by State, as well as the amount and location of the ATFs being consumed).

    EIA publishes summary information from the Form EIA-886 database in an annual report on EIA's Web site (www.eia.gov). This report covers historical and projected supplies of AFVs, AFV usage by selected user groups, and estimates of total U.S. AFV counts and U.S. consumption of ATFs. These data provide baseline inputs for DOE's transportation sector energy models. They also provide the energy consumption measures for alternative transportation fuels in EIA's State Energy Data System. For example, EIA's National Energy Modeling System (NEMS) has a component model that forecasts transportation sector energy consumption and provides a framework for AFV policy and technology analysis. The data obtained from Form EIA-886 are used to improve the explanatory power of the NEMS Transportation Demand Model by allowing for greater detail in representing AFV types and characteristics;

    (5) Annual Estimated Number of Total Responses: 2,050;

    (6) Annual Estimated Number of Burden Hours: 7,815;

    AFV Suppliers (30 Original Equipment Manufacturers): 2.5 hours;

    AFV Suppliers (20 Aftermarket Vehicle Converters): 2 hours;

    AFV Users (100 complex fleets): 20 hours;

    AFV Users (1,900 simple fleets): 3 hours;

    (7) Annual Estimated Reporting and Recordkeeping Cost Burden: EIA estimates that there are no capital and start-up costs associated with this data collection. The information is maintained in the normal course of business. The cost of burden hours to the respondents is estimated to be $562,446 (7,815 burden hours times $71.97 per hour). Therefore, other than the cost of burden hours, EIA estimates that there are no additional costs for generating, maintaining and providing the information.

    Statutory Authority: The legal authority for this data collection effort is provided by the following provisions: Section 13(b) of the Federal Energy Administration Act of 1974, Public Law 93-275, (FEA Act), and codified at 15 U.S.C. 772 (b), and Section 503(b)(2) of the Energy Policy Act of 1992, Public Law 102-486 (EPACT92) codified at 42 U.S.C. 13253.

    Issued in Washington, DC, on March 11, 2015. Nanda Srinivasan, Director, Office of Survey Development and Statistical Integration, U.S. Energy Information Administration.
    [FR Doc. 2015-06095 Filed 3-16-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Portsmouth AGENCY:

    Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Portsmouth. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Thursday, April 2, 2015, 6:00 p.m.

    ADDRESSES:

    Ohio State University, Endeavor Center, 1862 Shyville Road, Piketon, Ohio 45661.

    FOR FURTHER INFORMATION CONTACT:

    Greg Simonton, Alternate Deputy Designated Federal Officer, Department of Energy Portsmouth/Paducah Project Office, Post Office Box 700, Piketon, Ohio 45661, (740) 897-3737, [email protected]

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management and related activities.

    Tentative Agenda:

    • Call to Order, Introductions, Review of Agenda

    • Approval of January Minutes

    • Deputy Designated Federal Officer's Comments

    • Federal Coordinator's Comments

    • Liaison's Comments

    • Presentation

    • Administrative Issues

    • Subcommittee Updates

    • Public Comments

    • Final Comments from the Board

    • Adjourn

    Public Participation: The meeting is open to the public. The EM SSAB, Portsmouth, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Greg Simonton at least seven days in advance of the meeting at the phone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Greg Simonton at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.

    Minutes: Minutes will be available by writing or calling Greg Simonton at the address and phone number listed above. Minutes will also be available at the following Web site: http://www.ports-ssab.energy.gov/.

    Issued at Washington, DC, on March 12, 2015. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2015-06088 Filed 3-16-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Sunshine Act Meeting Notice March 12, 2015

    The following notice of meeting is published pursuant to section 3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C. 552b:

    Agency Holding Meeting:

    Federal Energy Regulatory Commission, DOE.

    Date and time:

    March 19, 2015, 10 a.m.

    Place:

    Room 2C, 888 First Street NE., Washington, DC 20426.

    Status:

    Open.

    Matters to be Considered:

    Agenda.

    * NOTE—Items listed on the agenda may be deleted without further notice.

    Contact Person for More Information:

    Kimberly D. Bose, Secretary, Telephone (202) 502-8400.

    For a recorded message listing items struck from or added to the meeting, call (202) 502-8627.

    This is a list of matters to be considered by the Commission. It does not include a listing of all documents relevant to the items on the agenda. All public documents, however, may be viewed on line at the Commission's Web site at http://www.ferc.gov using the eLibrary link, or may be examined in the Commission's Public Reference Room.

    1014TH—Meeting Item No Docket No. Company Administrative A-1 AD02-1-000 Agency Business Matters. A-2 AD02-7-000 Customer Matters, Reliability, Security and Market Operations. A-3 AD06-3-000 Market Update. A-4 AD15-8-000 OAL Contributions to the Work of the Commission. Electric E-1 RM14-11-000 Open Access and Priority Rights on Interconnection Customer's Interconnection Facilities. E-2 NP15-1-000 North American Electric Reliability Corporation. E-3 RR15-4-000 North American Electric Reliability Corporation. E-4 ER13-193-001
  • ER13-193-003
  • ER13-196-001
  • ER13-196-002
  • ISO New England Inc.
    E-5 ER13-1939-000
  • ER13-1928-000
  • ER13-1930-000
  • ER13-1940-000
  • ER13-1941-000
  • (not consolidated)
  • Southwest Power Pool, Inc.
  • Duke Energy Carolinas, LLC.
  • Duke Energy Progress, Inc.
  • Louisville Gas and Electric Company.
  • Ohio Valley Electric Corporation.
  • Alabama Power Company.
  • E-6 EL13-62-000 Independent Power Producers of New York, Inc. v.
  • New York Independent System Operator, Inc.
  • E-7 ER14-543-000 New York Independent System Operator, Inc.
  • Niagara Mohawk Power Corporation.
  • E-8 ER14-543-001 New York Independent System Operator, Inc.
  • Niagara Mohawk Power Corporation.
  • E-9 ER14-2869-000
  • EL14-71-000
  • Black Hills Power, Inc.
    E-10 ER14-2875-000
  • EL14-72-000
  • UNS Electric, Inc.
    E-11 ER14-2882-000
  • EL14-73-000
  • The Empire District Electric Company.
    E-12 ER14-2884-000
  • EL14-74-000
  • EL14-75-000
  • Kansas City Power and Light Company and KCP&L Greater Missouri Operations Company.
  • Kansas City Power and Light Company.
  • KCP&L Greater Missouri Operations Company.
  • E-13 ER14-2866-000
  • EL14-76-000
  • Louisville Gas and Electric Company and Kentucky Utilities Company.
    E-14 ER14-2852-000
  • EL14-77-000
  • Westar Energy, Inc.
    E-15 RM15-5-000 Revised Exhibit Submission Requirements for Commission Hearings. E-16 OMITTED E-17 OMITTED E-18 OMITTED E-19 OMITTED E-20 EL07-39-006
  • ER08-695-004
  • ER10-2371-000
  • New York Independent System Operator, Inc.
    E-21 OMITTED E-22 OMITTED Hydro H-1 P-12588-011 Hydraco Power, Inc. and Warren David Long. H-2 P-12429-013 Clark Canyon Hydro, LLC. Certificates C-1 CP14-504-000 Transcontinental Gas Pipe Line Company, LLC. C-2 CP15-30-000
  • CP15-34-000
  • Southern Natural Gas Company, L.L.C.
  • AMP Gathering I, LP.
  • C-3 CP14-27-000 Tres Palacios Gas Storage LLC.
    Kimberly D. Bose, Secretary.

    A free webcast of this event is available through www.ferc.gov. Anyone with Internet access who desires to view this event can do so by navigating to www.ferc.gov's Calendar of Events and locating this event in the Calendar.

    The event will contain a link to its webcast. The Capitol Connection provides technical support for the free webcasts. It also offers access to this event via television in the DC area and via phone bridge for a fee. If you have any questions, visit www.CapitolConnection.org or contact Danelle Springer or David Reininger at 703-993-3100.

    Immediately following the conclusion of the Commission Meeting, a press briefing will be held in the Commission Meeting Room. Members of the public may view this briefing in the designated overflow room. This statement is intended to notify the public that the press briefings that follow Commission meetings may now be viewed remotely at Commission headquarters, but will not be telecast through the Capitol Connection service.

    [FR Doc. 2015-06157 Filed 3-13-15; 11:15 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR15-21-000] Monarch Oil Pipeline Company, LLC; Notice of Petition for Declaratory Order

    Take notice that on March 4, 2015, pursuant to Rule 207(a)(2) of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.207(a)(2) (2014), Monarch Oil Pipeline Company, LLC filed a petition for a declaratory order seeking a declaratory order for a crude oil pipeline project, all as more fully explained in the petition.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern time on March 24, 2015.

    Dated: March 10, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-06028 Filed 3-16-15; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2014-0440; FRL-9923-29] Product Cancellation Order for Certain Pesticide Registrations AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    This notice announces EPA's order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1 of Unit II., pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows an August 15, 2014 Federal Register Notice of Receipt of Requests from the registrants listed in Table 2 of Unit II. to voluntarily cancel these product registrations. In the August 15, 2014 notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 180-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency received comments on the notice but none merited its further review of the requests. Further, the Agency received notice from registrants to withdraw certain cancellation requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

    DATES:

    The cancellations are effective March 17, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Michael Yanchulis, Information Technology and Resources Management Division (7502P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 347-0237; 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. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action.

    B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2014-0440, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

    II. What action is the agency taking?

    This notice announces the cancellation, as requested by registrants, of products registered under FIFRA section 3 (7 U.S.C. 136a). These registrations are listed in sequence by registration number in Table 1 of this unit.

    Table 1—Product Cancellations Registration No. Company No. Product name Chemical name 000100-01135 100 ZPP 1560 AS Herbicide Glyphosate diammonium salt. 000100-01293 100 Traxion GT Glyphosate. 000100-01325 100 Flexstar GT Herbicide Glyphosate; Sodium salt of fomesafen. 000100-01518 100 Naviva LF Pasteuria spp.—Pr3. 000264-00567 264 Balance Herbicide Isoxaflutole. 000264-00843 264 Iodosulfuron 10 WDG Herbicide Iodosulfuron-methyl-sodium. 000264-00846 264 AE 1283742 Clothianidin, Imidacloprid. 000264-00942 264 Gustafson Thiram 50WP Dyed Thiram. 000264-00951 264 Kodiak Concentrate Biological Fungicide Bacillus subtilis GB03. 000264-00969 264 Gustafson Allegiance 50WP Metalaxyl. 000264-00970 264 Kodiak Flowable Biological Fungicide Bacillus subtilis GB03. 000264-01076 264 Vortex 2000 Ipconazole; Metalaxyl. 000352-00702 352 Griffin Early Harvest PGR Cytokinin; Gibberellic acid; Indole-3-butyric acid. 000464-00694 464 Ucarcide 150 Antimicrobial Glutaraldehyde. 000464-00696 464 Ucarsan Sanitizer 4128 Glutaraldehyde. 000464-00712 464 Piror 842 Slimicide Quaternary ammonium compounds; Glutaraldehyde. 000961-00283 961 Greenview Preen 'n Green Trifluralin. 000961-00390 961 Lebanon Lawn Fertilizer contains Confront and Team Benfluralin; Clopyralid, triethanolamine; Triclopyr, triethylamine salt; Trifluralin. 000961-00411 961 Lebanon Permethrin 0.5 Lawn Insect Control with Fertilizer Permethrin. 001381-00230 1381 IMID-TEBU-META Imidacloprid; Metalaxyl; Tebuconazole. 001529-00032 1529 Nuosept 101 Preservative 4,4-Dimethyloxazolidine. 001529-00037 1529 Nuosept 166 Preservative 4,4-Dimethyloxazolidine. 001839-00047 1839 CD 4.5 Detergent/Disinfectant Quaternary ammonium compounds. 001839-00064 1839 BTC 776-80% Quaternary ammonium compounds. 001839-00066 1839 BTC 2565 Concentrate for the Manufacture of Algaecides Quaternary ammonium compounds. 001839-00106 1839 10% BTC 2125M Powder Fabric Softener/Sanitizer. Quaternary ammonium compounds. 001839-00110 1839 20% Active Powder Commercial Fabric Softener/Sanitizer Quaternary ammonium compounds. 001839-00111 1839 5% Powdered Fabric Softener/Sanitizer Quaternary ammonium compounds. 001839-00129 1839 BTC 99 Industrial Water Cooling Tower Quaternary ammonium compounds. 001839-00132 1839 5% BTC 99 Swimming Pool Algaecide Quaternary ammonium compounds. 001839-00133 1839 10% BTC 99 Swimming Pool Algaecide Quaternary ammonium compounds. 001839-00134 1839 50% BTC 99 Swimming Pool Algaecide Quaternary ammonium compounds. 001839-00139 1839 20% BTC 99 Industrial And/Or Commercial Recirculating Cooling Water Quaternary ammonium compounds. 001839-00144 1839 NP 5.5 HW (D&F) Detergent/Disinfectant Quaternary ammonium compounds. 001839-00154 1839 Scented 10% BTC 2125M Disinfectant Quaternary ammonium compounds. 001839-00177 1839 NonHard Water Neutral Disinfectant Cleaner Quaternary ammonium compounds. 001839-00180 1839 25% BTC 99 Swimming Pool Algaecide Quaternary ammonium compounds. 001839-00192 1839 BQ451-5 Biocide Quaternary ammonium compounds. 001839-00193 1839 BQ1416-5 Biocide Quaternary ammonium compounds. 001839-00194 1839 BQ361-5 Biocide Quaternary ammonium compounds. 001839-00195 1839 BQ1416-8 Biocide Quaternary ammonium compounds. 001839-00196 1839 BQ621-5 Biocide Quaternary ammonium compounds. 001839-00197 1839 BEQ442-8 Biocide Quaternary ammonium compounds. 001839-00198 1839 BEQ442-5 Biocide Quaternary ammonium compounds. 001839-00199 1839 DAQ1010-5 Biocide Quaternary ammonium compounds. 001839-00200 1839 Albemarle DAQ1010-8 Biocide Quaternary ammonium compounds. 001839-00201 1839 Albemarle AC76-5 Biocide Quaternary ammonium compounds. 001839-00202 1839 BQ451-8 Biocide Quaternary ammonium compounds. 001839-00203 1839 Albemarle DAQ1010-5-W Quaternary ammonium compounds. 001839-00204 1839 BQ451-5-WW Biocide Quaternary ammonium compounds. 001839-00205 1839 AC76-5-PW Biocide Quaternary ammonium compounds. 002693-00214 2693 Micron Extra P-Blue Cuprous oxide; Tolylfluanid. 002693-00215 2693 Ultra P-Blue Cuprous oxide; Tolylfluanid. 002792-00069 2792 Decco 270 Aerosol Chlorpropham. 003008-00072 3008 Osmose Arsenic Acid 75% Arsenic acid. 003862-00075 3862 Mint 7 Quaternary ammonium compounds. 003862-00185 3862 Spur-Tex Disinfectant Cleaner-Deodorant Quaternary ammonium compounds. 005813-00081 5813 CGW Isopropyl alcohol. 007969-00248 7969 BAS 516 ST Seed Treatment Fungicide Boscalid; Pyraclostrobin. 034704-01026 34704 First Choice Milsana Bioprotectant Reynoutria sachalinensis. 035935-00030 35935 Glyphosate Technical Glyphosate. 035935-00033 35935 Glyphosate Technical Glyphosate. 035935-00034 35935 Glyphosate Technical (NUP-05068) Glyphosate. 035935-00037 35935 Imazapyr Technical Imazapyr. 039967-00026 39967 Preventol WB Plus o-Phenylphenol, sodium salt; Sodium p-chloro-m-cresolate; Sodium pyrithione. 039967-00036 39967 Metasol CB 225-AD 1-Bromo-1-(bromomethyl)-1,3-propanedicarbonitrile. 039967-00037 39967 Metasol CB 225-LC 1-Bromo-1-(bromomethyl)-1,3-propanedicarbonitrile. 039967-00040 39967 Metasol CB-220 1-Bromo-1-(bromomethyl)-1,3-propanedicarbonitrile. 039967-00049 39967 Preventol A5-S Tolylfluanid. 057787-00029 57787 Proteam Power Magic Superoxidizer Boron sodium oxide (B4Na2O7), pentahydrate; Calcium hypochlorite. 062719-00470 62719 Halofenozide Technical Insecticide Halofenozide. 062719-00471 62719 Mach 2 2SC Halofenozide. 062719-00472 62719 Mach 2 2.5% Granular Turf Insecticide Halofenozide. 062719-00473 62719 Mach 2 1.5G Specialty Insecticide Halofenozide. 062719-00474 62719 Mach 2 Plus Fertilizer 0.86% A.I. Halofenozide. 062719-00475 62719 Mach 2* Plus Fertilizer 0.57% A.I. Halofenozide. 062719-00476 62719 Mach 2 Manufacturing Use Concentrate Halofenozide. 062719-00489 62719 Mach 2 Plus Fertilizer (1% A.I.) Halofenozide. 062719-00490 62719 Mach 2 Plus Fertilizer (1.33% A.I.) Halofenozide. 071368-00070 71368 Bromoxynil Technical 94% Bromoxynil. 071368-00071 71368 Bromox Octanoic Acid Technical Bromoxynil octanoate. AL-98-0004 59639 Select Herbicide Clethodim. AR-08-0003 279 Brigade 2EC Insecticide/Miticide Bifenthrin. AR-08-0017 100 Dual Magnum S-Metolachlor. AR-13-0001 241 Raptor Herbicide Imazamox. AR-96-0005 59639 Cobra Herbicide Lactofen. AZ-07-0012 279 Brigade 2EC Insecticide/Miticide Bifenthrin. AZ-08-0004 71512 Beleaf 50SG Insecticide Flonicamid. CA-00-0013 264 Rovral 4 Flowable Fungicide Iprodione. CA-01-0029 59639 Esteem Ant Bait Pyriproxyfen. CA-02-0014 264 Rovral 4 Flowable Fungicide Iprodione. CA-03-0010 50534 Daconil Weather Stik Flowable Fungicide Chlorothalonil. CA-06-0028 352 DuPont Vydate C-LV Insecticide/Nematicide Oxamyl. CA-94-0023 59639 Danitol 2.4 EC Spray (Insecticide-Miticide) Fenpropathrin. CA-96-0025 34704 Prometryne 4L Herbicide Prometryn. CO-01-0007 59639 Distance Insect Growth Regulator Pyriproxyfen. CO-11-0001 81880 GWN-3061 Halosulfuron-methyl. CT-03-0002 59639 Valor Herbicide Flumioxazin. FL-00-0002 59639 Knack Insect Growth Regulator Pyriproxyfen. FL-12-0003 100 Actigard 50WG Acibenzolar-s-methyl. FL-89-0032 59639 Cobra Herbicide Lactofen. FL-94-0011 59639 Tame 2.4 EC Spray Fenpropathrin. GA-03-0001 352 Avaunt Insecticide Indoxacarb. GA-98-0006 59639 Select Herbicide Clethodim. HI-97-0003 34704 Clean Crop Carbaryl 4L Carbaryl. ID-00-0018 100 Wakil XL Cymoxanil; Fludioxonil; Metalaxyl-M. ID-06-0019 5481 Orthene 97 Acephate. ID-09-0017 100 Scholar SC Fludioxonil. ID-93-0015 264 Rovral 4 Flowable Fungicide Iprodione. ID-94-0001 264 Rovral 4 Flowable Fungicide Iprodione. ID-96-0015 5481 Assert Herbicide Imazamethabenz. IL-07-0004 59639 Safari 20 SG Insecticide Dinotefuran. IN-07-0002 59639 Safari 20 SG Insecticide Dinotefuran. KY-11-0034 400 Terrazole 4EC Etridiazole. LA-03-0003 352 Velpar L Herbicide Hexazinone. LA-03-0004 352 Velpar DF Herbicide Hexazinone. LA-05-0009 66222 White Guard 90 SP Cotton Insecticide Acephate. LA-06-0001 34704 Permethrin Permethrin. LA-08-0002 7969 Termidor SC Termiciticide/Insecticide Fipronil. LA-08-0003 7969 Termidor 80 WG Termiciticide/Insecticide Fipronil. LA-12-0011 100 Gramoxone Inteon Paraquat dichloride. LA-12-0017 10163 Savey Technical Hexythiazox. LA-12-0018 7969 Termidor SC Termiticide/Insecticide Fipronil. MI-07-0005 59639 Safari 20 SG Insecticide Dinotefuran. MI-07-0006 100 Cannonball Fludioxonil. MI-10-0003 100 Scholar SC Fludioxonil. MN-09-0004 100 Dual Magnum S-Metolachlor. MN-09-0006 100 Reglone Dessicant Diquat dibromide. MN-11-0003 81880 GWN-3061 Halosulfuron-methyl. MO-05-0008 59639 Valor SX Herbicide Flumioxazin. MO-05-0009 59639 Valor SX Herbicide Flumioxazin. MO-05-0010 59639 Valor SX Herbicide Flumioxazin. MO-98-0001 59639 Resource Herbicide Flumiclorac. MS-02-0023 241 Phantom Termiticide-Insecticide Chlorfenapyr. MS-05-0010 66222 Acephate 90 SP Cotton Insecticide Acephate. MS-08-0005 100 Dual Magnum S-Metolachlor. MS-81-0014 264 Monitor 4 Methamidophos. MS-81-0055 264 Monitor 4 Methamidophos. MS-96-0001 59639 Cobra Herbicide Lactofen. NC-00-0002 59639 Select Herbicide Clethodim. NC-03-0002 352 DuPont Staple Herbicide Pyrithiobac-sodium. NC-03-0007 59639 Velocity Herbicide Bispyribac-sodium. NC-06-0002 100 Dual Magnum Herbicide S-Metolachlor. NC-87-0005 100 Reflex 2LC Herbicide Sodium salt of fomesafen. ND-03-0012 352 DuPont Asana XL Insecticide Esfenvalerate. ND-07-0004 34704 Makaze Herbicide Glyphosate-isopropylammonium. ND-11-0001 81880 GWN-3061 Halosulfuron-methyl. NE-11-0002 81880 GWN-3061 Halosulfuron-methyl. NJ-05-0002 100 Abound Flowable Fungicide Azoxystrobin. NJ-08-0003 59639 Safari 20 SG Insecticide Dinotefuran. NV-09-0002 5481 Zeal Miticide 1 Etoxazole. OH-01-0003 59639 Valor WDG Herbicide Flumioxazin. OH-02-0003 59639 Valor WDG Herbicide Flumioxazin. OH-07-0002 59639 Safari 20 SG Insecticide Dinotefuran. OH-11-0006 400 Terrazole 4EC Etridiazole. OK-97-0001 352 DuPont Staple Herbicide Pyrithiobac-sodium. OR-01-0028 66222 Galigan 2E Oxyfluorfen. OR-03-0034 66222 Galigan 2E Oxyfluorfen. OR-06-0010 264 Mocap EC Nematicide—Insecticide Ethoprop. OR-06-0024 264 Mocap EC Nematicide—Insecticide Ethoprop. OR-06-0027 59639 Select Max Herbicide with Inside Technology Clethodim. OR-07-0027 34704 Stealth Herbicide Pendimethalin. OR-08-0027 264 Axiom DF Herbicide Flufenacet; Metribuzin. OR-09-0003 264 Mocap EC Nematicide—Insecticide Ethoprop. OR-09-0021 100 Scholar SC Fludioxonil. PA-07-0001 352 DuPont Avaunt Insecticide Indoxacarb. SC-88-0001 59639 Orthene 75 S Soluble Powder Acephate. SC-98-0002 59639 Select Herbicide Clethodim. TN-05-0005 352 DuPont Staple Herbicide Pyrithiobac-sodium. TN-08-0013 59639 Safari 20 SG Insecticide Dinotefuran. TN-11-0003 400 Terrazole 4EC Etridiazole. TX-00-0009 59639 Distance Insect Growth Regulator Pyriproxyfen. TX-95-0003 5481 Payload 15 Granular Acephate. TX-96-0001 5481 Cobra Herbicide Lactofen. TX-96-0016 352 Harmony Extra Herbicide Thifensulfuron; Tribenuron-methyl. TX-99-0010 241 Arsenal Herbicide Imazapyr, isopropylamine salt. UT-98-0003 5481 Orthene Turf, Tree & Ornamental Spray WSP Acephate. VA-08-0002 279 Brigade 2EC Insecticide/Miticide Bifenthrin. WA-00-0037 100 Wakil XL Cymoxanil; Fludioxonil; Metalaxyl-M. WA-06-0016 59639 Select Max Herbicide with Inside Technology Clethodim. WA-08-0011 66330 Evito 480 SC Fungicide Fluoxastrobin. WA-10-0007 100 Graduate SC Fludioxonil. WA-98-0005 34704 Prometryne 4L Herbicide Prometryn. WI-02-0012 59639 Valor WDG Herbicide Flumioxazin. WI-07-0001 100 Dual Magnum S-Metolachlor. WI-07-0006 50534 Bravo Ultrex Chlorothalonil. WI-07-0007 50534 Bravo Weather Stik Chlorothalonil. WI-07-0008 50534 Bravo ZN Chlorothalonil. WI-08-0001 59639 Safari 20 SG Insecticide Dinotefuran. WI-10-0004 50534 Bravo Weather Stik Chlorothalonil. WI-12-0001 100 Dual Magnum Herbicide S-Metolachlor.

    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 Table 1 of this unit.

    Table 2—Registrants of Cancelled Products EPA Company No. Company name and address 100 Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro, NC 27419-8300. 241 BASF Corp., P.O. Box 13528, Research Triangle Park, NC 27709-3528. 264 Bayer CropScience, LP, P.O. Box 12014, Research Triangle Park, NC 27709. 279 FMC Corp. Agricultural Products Group, 1735 Market Street, Room 1978, Philadelphia, PA 19103. 352 E.I. Du Pont de Nemours & Co., 1007 Market Street, Wilmington, DE 19898-0001. 400 MacDermid Agricultural Solutions, Inc., 245 Freight Street, Waterbury, CT 06702-1818. 464 The Dow Chemical Company, 100 Larkin Center, 1650 Joseph Drive, Midland, MI 48674. 961 Lebanon Seaboard Corporation, 1600 East Cumberland Street, Lebanon, PA 17042. 1381 Winfield Solutions, LLC, P.O. Box 64589, St. Paul, MN 55164-0589. 1529 International Specialty Products, An Ashland, Inc. Business, 1005 U.S. 202/206, Bridgewater, NJ 08807. 1839 Stepan Company, 22 W. Frontage Road, Northfield, IL 60093. 2693 International Paint, LLC, 2270 Morris Avenue, Union, NJ 07083. 2792 Decco US Post-Harvest, Inc., 1713 South California Avenue, Monrovia, CA 91016-0120. 3008 Koppers Performance Chemicals, Inc., 1016 Everee Inn Road, Griffin, GA 30224-0249. 3862 ABC Compounding Co., Inc., P.O. Box 16247, Atlanta, GA 30321-0247. 5481 Amvac Chemical Corporation, 4695 MacArthur Court, Suite 1200, Newport Beach, CA 92660-1706. 5813 The Clorox Co., c/o PS&RC, P.O. Box 493, Pleasanton, CA 94566-0803. 7969 BASF Corp., Agricultural Products, P.O. Box 13528, Research Triangle Park, NC 27709-3528. 10163 Gowan Co., P.O. Box 5569, Yuma, AZ 85366-8844. 34704 Loveland Products, Inc., P.O. Box 1286, Greeley, CO 80632-1286. 35935 Nufarm Limited, 4020 Aerial Center Pkwy., Suite 101, Morrisville, NC 27560. 39967 LANXESS Corporation, 111 RIDC Park West Drive, Pittsburgh, PA 15275-1112. 50534 GB Biosciences Corp., P.O. Box 18300, Greensboro, NC 27419-5458. 57787 Haviland Consumer Products, Inc., d/b/a Haviland Consumer Products, 421 Ann Street, NW., Grand Rapids, MI 49504-2075. 59639 Valent U.S.A. Corporation, 1600 Riviera Avenue, Suite 200, Walnut Creek, CA 94596. 62719 Dow Agrosciences, LLC, 9330 Zionsville Road, Indianapolis, IN 46268-1054. 66222 Makhteshim Agan of North America, Inc., d/b/a ADAMA, 3120 Highwoods Blvd., Suite 100, Raleigh, NC 27604. 66330 Arysta Lifescience North America, LLC, 15401 Weston Parkway, Suite 150, Cary, NC 27513. 71368 NuFarm, Inc., 4020 Aerial Center Pkwy., Suite 101, Morrisville, NC 27560. 71512 ISK Biosciences Corporation, 7470 Auburn Road, Suite A, Concord, OH 44077. 81880 Canyon Group, LLC, c/o Gowan Company, 370 S. Main Street, Yuma, AZ 85364. III. Summary of Public Comments Received and Agency Response to Comments

    During the public comment period, EPA received four comments. The first two comments were from Stepan Company first requesting a change and then rescinding their request. The next comment was from Syngenta Crop Protection requesting that EPA Reg. No. OR13009 be retained because the voluntary cancellation request was made in error. The last comment was from a citizen voicing concerns about bee-killing neonic pesticides which was not relevant to this Federal Register notice. As a result of the third comment, the Agency is retaining the registration of EPA Reg. No. OR130009.

    IV. Cancellation Order

    Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), EPA hereby approves the requested cancellations of the registrations identified in Table 1 of Unit II. Accordingly, the Agency hereby orders that the product registrations identified in Table 1 of Unit II. are canceled. The effective date of the cancellations that are the subject of this notice is March 17, 2015. Any distribution, sale, or use of existing stocks of the products identified in Table 1 of Unit II. in a manner inconsistent with any of the provisions for disposition of existing stocks set forth in Unit VI. will be a violation of FIFRA.

    V. 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 or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register. Thereafter, following the public comment period, the EPA Administrator may approve such a request. The notice of receipt for this action was published for comment in the Federal Register of August 15, 2014 (79 FR 48141) (FRL-9911-69). The comment period closed on February 11, 2015.

    VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the cancellation action. The existing stocks provisions for the products subject to this order are as follows.

    The registrants may not continue to sell and distribute existing stocks of products listed in Table 1 of Unit II. after the date of publication of the Cancellation Order in the Federal Register. Thereafter, the registrants are prohibited from selling or distributing products listed in Table 1, except for export in accordance with FIFRA, section 17 (7 U.S.C. 136o), or proper disposal. Persons other than the registrants may sell, distribute, or use existing stocks of products listed in Table 1 of Unit II. until existing 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: March 9, 2015. Jack Housenger, Director, Office of Pesticide Programs.
    [FR Doc. 2015-06139 Filed 3-16-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9924-42-Region-8] Bona Fide Prospective Purchaser Proposed Agreement and Covenant Not To Sue: Murray Laundry Superfund Site, Salt Lake City, Salt Lake County, Utah AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of proposed agreement; request for public comment.

    SUMMARY:

    In accordance with the requirements of sections 104, 106(a), 107, and 122 of the Comprehensive Environmental Response Compensation, and Liability Act of 1980, as amended (“CERCLA”), 42 U.S.C. 9604, 9606(a), 9607 and 9622, notice is hereby given of the proposed administrative settlement under section 107 and 122 of CERCLA, between the U.S. Environmental Protection Agency (“EPA”) and bona fide prospective purchaser Parley's Partners, LC (“Settling Party”). The proposed Settlement Agreement requires the Settling Party to conduct work under EPA oversight in exchange for a covenant not to sue pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a) for existing contamination at the Murray Laundry Superfund Site. The Settling Party consents to and will not contest the authority of the United States to enter into this Agreement or to implement or enforce its terms.

    The Settling Parties recognize that this Agreement has been negotiated in good faith and that this Agreement is entered into without the admission or adjudication of any issue of fact or law.

    DATES:

    Comments must be submitted on or before April 16, 2015. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the agreement. The Agency will consider all comments received and may modify or withdraw its consent to the agreement if comments received disclose facts or considerations that indicate that the agreement is inappropriate, improper, or inadequate.

    ADDRESSES:

    The Agency's response to any comments, the proposed agreement and additional background information relating to the agreement is available for public inspection at the EPA Superfund Record Center, 1595 Wynkoop Denver, Colorado.

    FOR FURTHER INFORMATION CONTACT:

    Amelia Piggott, Enforcement Attorney, Legal Enforcement Program, Environmental Protection Agency-Region 8, Mail Code 8ENF-L, 1595 Wynkoop Street, Denver, Colorado 80202, (303) 312-6908. Comments and requests for a copy of the proposed agreement should be addressed to Sharon Abendschan, Enforcement Specialist, Environmental Protection Agency-Region 8, Mail Code 8ENF-RC, 1595 Wynkoop Street, Denver, Colorado 80202 and should reference the Murray Laundry Superfund Site, Salt Lake City, Utah.

    Dated: March 3, 2015. Suzanne Bohan, Assistant Regional Administrator, Office of Enforcement, Compliance and Environmental Justice, U.S. Environmental Protection Agency, Region VIII.
    [FR Doc. 2015-05960 Filed 3-16-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2014-0805; FRL-9924-52] EPA Proposal To Improve Corn Rootworm Resistance Management; Extension of Comment Period AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice; extension of comment period.

    SUMMARY:

    EPA issued a notice in the Federal Register of January 28, 2015, concerning a proposal to improve the corn rootworm insect resistance management program currently in place for registrations of plant-incorporated protectants (PIP) derived from Bacillus thuringiensis (Bt) in corn. This document extends the comment period for an additional 30 days, from March 16, 2015 to April 15, 2015. A number of stakeholders have expressed a desire to comment on EPA's proposal and have requested additional time to review the proposal and respond.

    DATES:

    Comments, identified by docket identification (ID) number EPA-HQ-OPP-2014-0805, must be received on or before April 15, 2015.

    ADDRESSES:

    Follow the detailed instructions provided under ADDRESSES in the Federal Register document of January 28, 2015 (80 FR 4564) (FRL-9920-16).

    FOR FURTHER INFORMATION CONTACT:

    Robert McNally, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    This document extends the public comment period established in the Federal Register document of January 28, 2015. In that document, EPA made available for public comment a proposal to improve the corn rootworm insect resistance management program currently in place for registrations of plant-incorporated protectants (PIP) derived from Bacillus thuringiensis (Bt) in corn. The Agency is seeking input on the proposal from potentially affected entities and other stakeholders, including (but not limited to) registrants of pesticides and PIPs for corn, corn growers, crop consultants/agronomists, commodity groups, extension entomologists, independent researchers, and the general public. EPA has received several requests from stakeholders asking to extend the comment period. Requests from crop consultants, grower representatives, and academic researchers indicate that additional time is needed to develop and submit detailed information addressing various aspects of EPA's proposal. Therefore, the Agency has decided to extend the comment period to ensure that all interested stakeholders have an opportunity to comment. EPA is hereby extending the comment period, which was set to end on March 16, 2015, to April 15, 2015.

    To submit comments, or access the docket, please follow the detailed instructions provided under ADDRESSES in the Federal Register document of January 28, 2015. If you have questions, consult the person listed under FOR FURTHER INFORMATION CONTACT.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: March 11, 2015. Robert McNally, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.
    [FR Doc. 2015-06104 Filed 3-12-15; 4:15 pm] BILLING CODE 6560-50-P
    ENVIRONMETAL PROTECTION AGENCY [FRL-9924-53-Region-5] Proposed CERCLA Administrative Cost Recovery Settlement; Shaw Road Drum Site, Clyde, Ohio AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice; request for public comment.

    SUMMARY:

    In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (“CERCLA”), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement for recovery of past response costs concerning the Shaw Road Drum Site in Clyde, Ohio with the settling party: Lamar M. Durst Sr. Estate. The settlement requires the settling party to pay $50,000 to the Hazardous Substance Superfund. The settlement includes a covenant not to sue the settling party pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a). For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is an appropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at the U.S. EPA Record Center, Room 714 U.S. EPA, 77 West Jackson Boulevard, Chicago, Illinois.

    DATES:

    Comments must be submitted on or before April 16, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Cathleen R. Martwick, Associate Regional Counsel, EPA Region 5, Office of Regional Counsel, C-14J, Environmental Protection Agency, 77 W. Jackson Blvd., Chicago, Illinois 60604-3590; telephone number (312) 886-7166; fax number (312) 697-2060; email address: [email protected]

    Dated: March 9, 2015. Doug Ballotti, Acting Director, Superfund Division, Region 5.
    [FR Doc. 2015-06113 Filed 3-16-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9924-58-Region-6] Notice of Availability of Preliminary Designation of Certain Stormwater Discharges in the State of New Mexico Under the National Pollutant Discharge Elimination System of the Clean Water Act AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice; request for public comment.

    SUMMARY:

    The Regional Administrator of the Environmental Protection Agency Region 6 (EPA) is providing notice of the availability of a preliminary determination that certain storm water discharges in Los Alamos County, New Mexico will be required to obtain National Pollutant Discharge Elimination System (NPDES) permit coverage under the Clean Water Act. This action is a result of “A Petition by Amigos Bravos for a Determination that Storm Water Discharges in Los Alamos County Contribute to Water Quality Standards Violations and Require a Clean Water Act Permit,” dated June 30, 2014. EPA is seeking public comment on the nature and scope of this preliminary designation. It is EPA's intention to make a final decision following the close of the comment period after consideration of all comments submitted.

    DATES:

    Comments must be submitted in writing to EPA on or before April 16, 2015.

    ADDRESSES:

    Comments should be submitted to Ms. Evelyn Rosborough via email: [email protected], or may be mailed to Ms. Evelyn Rosborough, Environmental Protection Agency, Water Quality Protection Division (6WQ-NP), 1445 Ross Ave., Suite 1200, Dallas, TX 75202.

    FOR FURTHER INFORMATION CONTACT:

    Contact Ms. Evelyn Rosborough, (214) 665-7515 or at rosborough.[email protected]

    SUPPLEMENTARY INFORMATION: Summary and Availability of Petition and Preliminary Designation Documents

    The Regional Administrator EPA Region 6 has made a preliminary determination pursuant to Section 402(p) of the Clean Water Act, 40 CFR 122.26(f)(2) and (4), 40 CFR 122.26 (9)(i)(A) and (D), and 40 CFR 122.32(a)(2) that NPDES permits are required for discharges to waters of the United States from small municipal separate storm sewer systems (MS4s) in the Los Alamos and White Rock Urban Clusters (as defined by the latest Decennial Census) and serving the Los Alamos National Laboratory (LANL) in Los Alamos County, New Mexico. This action would affect MS4s owned or operated by Los Alamos County, LANL including the Department of Energy (DOE) and Los Alamos National Security, LLC (LANS), and the New Mexico Department of Transportation. Details of the preliminary determination are available in the Los Alamos County Designation Document. The Designation Document and supplementary information are available on the EPA Region 6 Web page at http://www.epa.gov/region6/water/npdes/publicnotices/nm/nmdraft.htm

    Dated: March 6, 2015. Samuel Coleman, Acting Regional Administrator, Region 6.
    [FR Doc. 2015-06114 Filed 3-16-15; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice to All Interested Parties of the Termination of the Receivership of 10067, Southern Community Bank Fayetteville, GA

    Notice is hereby given that the Federal Deposit Insurance Corporation (“FDIC”) as Receiver for Southern Community Bank, (“the Receiver”) intends to terminate its receivership for said institution. The FDIC was appointed receiver of Southern Community Bank on June 19, 2009. The liquidation of the receivership assets has been completed. To the extent permitted by available funds and in accordance with law, the Receiver will be making a final dividend payment to proven creditors.

    Based upon the foregoing, the Receiver has determined that the continued existence of the receivership will serve no useful purpose. Consequently, notice is given that the receivership shall be terminated, to be effective no sooner than thirty days after the date of this Notice. If any person wishes to comment concerning the termination of the receivership, such comment must be made in writing and sent within thirty days of the date of this Notice to: Federal Deposit Insurance Corporation, Division of Resolutions and Receiverships, Attention: Receivership Oversight Department 32.1, 1601 Bryan Street, Dallas, TX 75201.

    No comments concerning the termination of this receivership will be considered which are not sent within this time frame.

    Dated: March 12, 2015. Federal Deposit Insurance Corporation. Valerie J. Best, Assistant Executive Secretary.
    [FR Doc. 2015-06058 Filed 3-16-15; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL ELECTION COMMISSION Sunshine Act Meetings AGENCY:

    Federal Election Commission.

    DATE & TIME:

    Thursday, March 19, 2015 at 10 a.m.

    PLACE:

    999 E Street NW., Washington, DC (Ninth Floor)

    STATUS:

    This Meeting Will Be Open To The Public.

    ITEMS TO BE DISCUSSED:

    Correction and Approval of Minutes for March 10, 2015

    Draft Advisory Opinion 2014-20: Make Your Laws PAC, Inc.

    Rulemaking Petition REG 2014-09: Federal Contractors, Draft Notice of Availability

    Rulemaking Petition REG 2015-01: Administrative Fines and Forms, Draft Notice of Availability

    Management and Administrative Matters

    Individuals who plan to attend and require special assistance, such as sign language interpretation or other reasonable accommodations, should contact Shawn Woodhead Werth, Secretary and Clerk, at (202) 694-1040, at least 72 hours prior to the meeting date.

    PERSON TO CONTACT FOR INFORMATION:

    Judith Ingram, Press Officer, Telephone: (202) 694-1220.

    Shawn Woodhead Werth, Secretary and Clerk of the Commission.
    [FR Doc. 2015-06147 Filed 3-13-15; 11:15 am] BILLING CODE 6715-01-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 31, 2015.

    A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

    1. The Bradford Powers Leipold 2014 Trust, with Johnson Bank as trustee, both of Racine, Wisconsin; to join the existing Johnson Family Control Group through the retention of shares of Johnson Financial Group, Inc., Racine, Wisconsin, and the indirect retention of shares of Johnson Bank, Racine, Wisconsin.

    Board of Governors of the Federal Reserve System, March 12, 2015. Michael J. Lewandowski, Assistant Secretary of the Board.
    [FR Doc. 2015-06049 Filed 3-16-15; 8:45 am] BILLING CODE 6210-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Community Living Administration on Intellectual and Developmental Disabilities, President's Committee for People With Intellectual Disabilities AGENCY:

    Administration for Community Living, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The President's Committee for People with Intellectual Disabilities (PCPID) will host a webinar/conference call for its members to discuss the preparation of the 2015 Report to the President (RTP). The topic of the PCPID 2015 RTP will be on the roles of technology in the lives of individuals with intellectual and developmental disabilities and their families.

    All the PCPID meetings, in any format, are open to the public. This webinar/conference call will be conducted in a discussion format.

    The public can register to attend this webinar/conference call at https://aoa-events.webex.com/aoa-events/onstage/g.php?MTID=e88689392224a29b0b0110cff660d3e26.

    DATES:

    Webinar: Tuesday, April 7, 2015 from 1:30 p.m. to approximately 3:30 p.m.

    Registration for Webinar: March 16, 2015 through April 3, 2015.

    ADDRESSES:

    Webinar Web page: https://aoa-events.webex.com/aoa-events/onstage/g.php?MTID=e88689392224a29b0b0110cff660d3e26.

    FOR FURTHER INFORMATION CONTACT:

    For Reasonable Accomodations Contact: Dr. MJ Karimi, PCPID Team Lead, One Massachusetts Avenue NW., Room 4206, Washington, DC 20201. Email: [email protected]; telephone: 202-357-3588; fax: 202-205-8037.

    SUPPLEMENTARY INFORMATION:

    Background: The PCPID members participated in a face-to-face meeting on February 19-20, 2015 and streamlined the process of preparing the 2015 RTP. As the Phase I of the process, they decided to research four focus areas through the lens of technology. These focus areas included:

    1. Education;

    2. Community Living;

    3. Health and Wellness;

    4. Economic Well-Being.

    The members also agreed to reconvene in April, through a webinar/conference call, to report their findings to the full Committee and discuss the development of potential recommendations for inclusion to the PCPID 2015 RTP.

    The general purpose of the PCPID webinar/conference call is, thus, to present a forum for the members to complete Phase I and discuss the next phase of preparing the PCPID 2015 RTP.

    Webinar and Registration: The webinar is scheduled for April 7, 2015, 1:30 p.m. to 3:30 p.m. (EST) and may end early if discussions are finished. Registration for the webinar is required and is open from March 16, 2015 to April 3, 2015.

    Instructions to Register in the Webinar/Conference Call on Tuesday April 7, 2015:

    1. WebEx Link: https://aoa-events.webex.com/aoa-events/onstage/g.php?MTID=e88689392224a29b0b0110cff660d3e26.

    2. Click on the “Register” button on the page.

    3. Enter the required information and click “Submit.”

    Instructions to Participate in the Webinar/Conference Call on Tuesday April 7, 2015:

    4. WebEx Link: https://aoa-events.webex.com/aoa-events/onstage/g.php?MTID=e88689392224a29b0b0110cff660d3e26.

    5. Click on the “join” button on the page.

    6. Enter your name and email address.

    7. Follow additional instructions as provided by WebEx. If a password is needed for the WebEx link, please enter 123456.

    Call-in number: (888) 469-0957; Pass Code: 8955387 (please put your phone on mute during the meeting).

    Background information on PCPID: The PCPID acts in an advisory capacity to the President and the Secretary of Health and Human Services, through the Administration on Intellectual and Developmental Disabilities, on a broad range of topics relating to programs, services and supports for persons with intellectual disabilities. The PCPID Executive Order stipulates that the Committee shall: (1) Provide such advice concerning intellectual disabilities as the President or the Secretary of Health and Human Services may request; and (2) provide advice to the President concerning the following for people with intellectual disabilities: (A) Expansion of educational opportunities; (B) promotion of homeownership; (C) assurance of workplace integration; (D) improvement of transportation options; (E) expansion of full access to community living; and (F) increasing access to assistive and universally designed technologies.

    Dated: March 11, 2015. Aaron Bishop, Commissioner, Administration on Intellectual and Developmental Disabilities.
    [FR Doc. 2015-06085 Filed 3-16-15; 8:45 am] BILLING CODE 4154-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Neurological Disorders and Stroke; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Neurological Disorders and Stroke Special Emphasis Panel; NINDS Center Core (P30) and Research Resource (R24) Review.

    Date: April 17, 2015.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Washington Plaza Hotel, 10 Thomas Circle NW., Washington, DC 20005.

    Contact Person: Natalia Strunnikova, Ph.D., Scientific Review Officer, Scientific Review Branch, Division of Extramural Research, NINDS/NIH/DHHS/Neuroscience Center, 6001 Executive Boulevard, Suite 3208, MSC 9529, Bethesda, MD 20892-9529, 301-402-0288, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS)
    Dated: March 11, 2015. Carolyn Baum, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-05968 Filed 3-16-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2014-N-1206] Authorization of Emergency Use of an In Vitro Diagnostic Device for Detection of Ebola Zaire Virus; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing the issuance of an Emergency Use Authorization (EUA) (the Authorization) for an in vitro diagnostic device for detection of the Ebola Zaire virus in response to the 2014 Ebola virus outbreak in West Africa. FDA is issuing this Authorization under the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as requested by Roche Molecular Systems, Inc. (Roche). The Authorization contains, among other things, conditions on the emergency use of the authorized in vitro diagnostic device. The Authorization follows the September 22, 2006, determination by then-Secretary of the Department of Homeland Security (DHS), Michael Chertoff, that the Ebola virus presents a material threat against the U.S. population sufficient to affect national security. On the basis of such determination, the Secretary of Health and Human Services (HHS) declared on August 5, 2014, that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection of Ebola virus subject to the terms of any authorization issued under the FD&C Act. The Authorization, which includes an explanation of the reasons for issuance, is reprinted in this document.

    DATES:

    The Authorization is effective as of December 23, 2014.

    ADDRESSES:

    Submit written requests for single copies of the EUA to the Office of Counterterrorism and Emerging Threats, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 1, rm. 4338, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your request or include a fax number to which the Authorization may be sent. See the SUPPLEMENTARY INFORMATION section for electronic access to the Authorization.

    FOR FURTHER INFORMATION CONTACT:

    Luciana Borio, Assistant Commissioner for Counterterrorism Policy, Office of Counterterrorism and Emerging Threats, and Acting Deputy Chief Scientist, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 1, rm. 4340, Silver Spring, MD 20993-0002, 301-796-8510 (this is not a toll free number).

    SUPPLEMENTARY INFORMATION: I. Background

    Section 564 of the FD&C Act (21 U.S.C. 360bbb-3) as amended by the Project BioShield Act of 2004 (Pub. L. 108-276) and the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 (Pub. L. 113-5) allows FDA to strengthen the public health protections against biological, chemical, nuclear, and radiological agents. Among other things, section 564 of the FD&C Act allows FDA to authorize the use of an unapproved medical product or an unapproved use of an approved medical product in certain situations. With this EUA authority, FDA can help assure that medical countermeasures may be used in emergencies to diagnose, treat, or prevent serious or life-threatening diseases or conditions caused by biological, chemical, nuclear, or radiological agents when there are no adequate, approved, and available alternatives.

    Section 564(b)(1) of the FD&C Act provides that, before an EUA may be issued, the Secretary of HHS must declare that circumstances exist justifying the authorization based on one of the following grounds: (1) A determination by the Secretary of Homeland Security that there is a domestic emergency, or a significant potential for a domestic emergency, involving a heightened risk of attack with a biological, chemical, radiological, or nuclear agent or agents; (2) a determination by the Secretary of Defense that there is a military emergency, or a significant potential for a military emergency, involving a heightened risk to U.S. military forces of attack with a biological, chemical, radiological, or nuclear agent or agents; (3) a determination by the Secretary of HHS that there is a public health emergency, or a significant potential for a public health emergency, that affects, or has a significant potential to affect, national security or the health and security of U.S. citizens living abroad, and that involves a biological, chemical, radiological, or nuclear agent or agents, or a disease or condition that may be attributable to such agent or agents; or (4) the identification of a material threat by the Secretary of Homeland Security under section 319F-2 of the Public Health Service (PHS) Act (42 U.S.C. 247d-6b) sufficient to affect national security or the health and security of U.S. citizens living abroad.

    Once the Secretary of HHS has declared that circumstances exist justifying an authorization under section 564 of the FD&C Act, FDA may authorize the emergency use of a drug, device, or biological product if the Agency concludes that the statutory criteria are satisfied. Under section 564(h)(1) of the FD&C Act, FDA is required to publish in the Federal Register a notice of each authorization, and each termination or revocation of an authorization, and an explanation of the reasons for the action. Section 564 of the FD&C Act permits FDA to authorize the introduction into interstate commerce of a drug, device, or biological product intended for use when the Secretary of HHS has declared that circumstances exist justifying the authorization of emergency use. Products appropriate for emergency use may include products and uses that are not approved, cleared, or licensed under sections 505, 510(k), or 515 of the FD&C Act (21 U.S.C. 355, 360(k), and 360e) or section 351 of the PHS Act (42 U.S.C. 262). FDA may issue an EUA only if, after consultation with the HHS Assistant Secretary for Preparedness and Response, the Director of the National Institutes of Health, and the Director of the CDC (to the extent feasible and appropriate given the applicable circumstances), FDA 1 concludes: (1) That an agent referred to in a declaration of emergency or threat can cause a serious or life-threatening disease or condition; (2) that, based on the totality of scientific evidence available to FDA, including data from adequate and well-controlled clinical trials, if available, it is reasonable to believe that: (A) The product may be effective in diagnosing, treating, or preventing (i) such disease or condition; or (ii) a serious or life-threatening disease or condition caused by a product authorized under section 564, approved or cleared under the FD&C Act, or licensed under section 351 of the PHS Act, for diagnosing, treating, or preventing such a disease or condition caused by such an agent; and (B) the known and potential benefits of the product, when used to diagnose, prevent, or treat such disease or condition, outweigh the known and potential risks of the product, taking into consideration the material threat posed by the agent or agents identified in a declaration under section 564(b)(1)(D) of the FD&C Act, if applicable; (3) that there is no adequate, approved, and available alternative to the product for diagnosing, preventing, or treating such disease or condition; and (4) that such other criteria as may be prescribed by regulation are satisfied.

    1 The Secretary of HHS has delegated the authority to issue an EUA under section 564 of the FD&C Act to the Commissioner of Food and Drugs.

    No other criteria for issuance have been prescribed by regulation under section 564(c)(4) of the FD&C Act. Because the statute is self-executing, regulations or guidance are not required for FDA to implement the EUA authority.

    II. EUA Request for an In Vitro Diagnostic Device for Detection of the Ebola Zaire Virus

    On September 22, 2006, then-Secretary of Homeland Security, Michael Chertoff, determined that the Ebola virus presents a material threat against the U.S. population sufficient to affect national security.2 On August 5, 2014, under section 564(b)(1) of the FD&C Act, and on the basis of such determination, the Secretary of HHS declared that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection of Ebola virus, subject to the terms of any authorization issued under section 564 of the FD&C Act. Notice of the declaration of the Secretary was published in the Federal Register on August 12, 2014 (79 FR 47141). On December 19, 2014, Roche submitted a complete request for, and on December 23, 2014, FDA issued, an EUA for the LightMix® Ebola Zaire rRT-PCR Test, subject to the terms of this authorization.

    2 Under section 564(b)(1) of the FD&C Act, the HHS Secretary's declaration that supports EUA issuance must be based on one of four determinations, including the identification by the DHS Secretary of a material threat under section 319F-2 of the PHS Act sufficient to affect national security or the health and security of U.S. citizens living abroad (section 564(b)(1)(D) of the FD&C Act).

    III. Electronic Access

    An electronic version of this document and the full text of the Authorizations are available on the Internet at http://www.regulations.gov.

    IV. The Authorizations

    Having concluded that the criteria for issuance of the Authorizations under section 564(c) of the FD&C Act are met, FDA has authorized the emergency use of an in vitro diagnostic device for detection of the Ebola Zaire virus (detected in the West Africa outbreak in 2014) subject to the terms of the Authorization. The Authorization in its entirety (not including the authorized versions of the fact sheets and other written materials) follows and provides an explanation of the reasons for its issuance, as required by section 564(h)(1) of the FD&C Act.

    Dated: March 11, 2015. Leslie Kux, Associate Commissioner for Policy. EN17MR15.002 EN17MR15.003 EN17MR15.004 EN17MR15.005 EN17MR15.006 EN17MR15.007 EN17MR15.008
    [FR Doc. 2015-06039 Filed 3-16-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Heart, Lung, and Blood; Institute Notice of Meeting

    Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the Sickle Cell Disease Advisory Committee.

    The meeting will be open to the public, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    Name of Committee: Sickle Cell Disease Advisory Committee.

    Date: April 22, 2015.

    Time: 8:00 a.m. to 4:00 p.m.

    Agenda: Discussion of Programs.

    Place: National Institutes of Health, 6701 Rockledge Drive, 9th Floor, Room 9100/9104, Bethesda, MD 20892.

    Contact Person: W. Keith Hoots, MD, Director, Division of Blood Diseases and Resources, National Heart, Lung, and Blood Institute, 6701 Rockledge Drive, Suite 9030, Bethesda, MD 20892, 301-435-0080 [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)
    Dated: March 11, 2015. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-05970 Filed 3-16-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Biomedical Imaging and Bioengineering; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the National Advisory Council for Biomedical Imaging and Bioengineering.

    The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and/or contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications and/or contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Advisory Council for Biomedical Imaging and Bioengineering.

    Date: May 18, 2015.

    Open: 9:00 a.m. to 12:30 p.m.

    Agenda: Report from the Institute Director, other Institute Staff, scientific presentations, and presentations of task force reports.

    Place: The William F. Bolger Center, Franklin Building, Classroom 1, 9600 Newbridge Drive, Potomac, MD 20854.

    Closed: 1:30 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications and/or proposals.

    Place: The William F. Bolger Center, Franklin Building, Classroom 1, 9600 Newbridge Drive, Potomac, MD 20854.

    Contact Person: Jill Heemskerk, Ph.D., Executive Secretary, Office of Research Administration, National Institute of Biomedical Imaging and Bioengineering, 6707 Democracy Boulevard, Room 239, Bethesda, MD 20892.

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    Information is also available on the Institute's/Center's home page: http://www.nibib1.nih.gov/about/NACBIB/NACBIB.htm, where an agenda and any additional information for the meeting will be posted when available.

    Dated: March 11, 2015. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-05974 Filed 3-16-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Heart, Lung, and Blood Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Heart, Lung, and Blood Institute Special Emphasis Panel; Technologies to Assess Sleep Health Status in Populations.

    Date: April 10, 2015.

    Time: 2:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Suite 7182, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Susan Wohler Sunnarborg, Ph.D., Scientific Review Officer, Office of Scientific Review/DERA National, Heart, Lung, and Blood Institute, 6701 Rockledge Drive, Room 7182, Bethesda, MD 20892, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)
    Dated: March 11, 2015. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-05971 Filed 3-16-15; 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; AIDS and AIDS Related Research.

    Date: March 18, 2015.

    Time: 11:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Jose H Guerrier, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5218, MSC 7852, Bethesda, MD 20892, 301-435-1137, [email protected]

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Small Business: Respiratory Sciences Special Panel.

    Date: March 19-20, 2015.

    Time: 9:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, One Democracy Plaza, 6701 Democracy Boulevard, Bethesda, MD 20892, (Virtual Meeting).

    Contact Person: Lawrence E Boerboom, Ph.D., Chief, CVRS IRG, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4130, MSC 7814, Bethesda, MD 20892, (301) 435-8367, [email protected]

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Respiratory Sciences Special Panel.

    Date: March 24-25, 2015.

    Time: 9:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting).

    Contact Person: Lawrence E Boerboom, Ph.D., Chief, CVRS IRG, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4130, MSC 7814, Bethesda, MD 20892, (301) 435-8367, [email protected]

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    (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 11, 2015. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-06036 Filed 3-16-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2011-D-0293] Reprocessing Medical Devices in Health Care Settings: Validation Methods and Labeling; Guidance for Industry and Food and Drug Administration Staff; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing the availability of the guidance entitled “Reprocessing Medical Devices in Health Care Settings: Validation Methods and Labeling.” This guidance provides recommendations for the formulation and scientific validation of reprocessing instructions for reusable medical devices. This guidance document also provides recommendations for the content and review procedures for premarket notification (510(k)) submissions, premarket approval (PMA) applications, humanitarian device exemption (HDE) applications, de novo requests, and investigational device exemption (IDE) applications, concerning the labeling instructions for reprocessing reusable medical devices. This guidance reflects the scientific advances in knowledge and technology involved in reprocessing reusable medical devices, especially more complex, reusable medical device designs that are more difficult to reprocess.

    DATES:

    Submit either electronic or written comments on this guidance at any time. General comments on Agency guidance documents are welcome at any time.

    ADDRESSES:

    An electronic copy of the guidance document is available for download from the Internet. See the SUPPLEMENTARY INFORMATION section for information on electronic access to the guidance. Submit written requests for a single hard copy of the guidance document entitled “Reprocessing Medical Devices in Health Care Settings: Validation Methods and Labeling” to the Office of the Center Director, Guidance and Policy Development, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave. Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002; or the Office of Communication, Outreach and Development, Center for Biologics Evaluation and Research (CBER), Food and Drug Administration, 10903 New Hampshire Ave. Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your request.

    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. Identify comments with the docket number found in brackets in the heading of this document.

    FOR FURTHER INFORMATION CONTACT:

    Angela C. Krueger, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 1666, Silver Spring, MD 20993-0002, 301-796-6380; or Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave. Bldg. 71, Rm. 7301, Silver Spring, MD 20993, 240-402-7911.

    SUPPLEMENTARY INFORMATION: I. Background

    In recent years, there has been a significant advance in knowledge and technology involved in reprocessing reusable medical devices. Additionally, there has been an evolution towards more complex medical device designs that are more difficult to clean, disinfect, and sterilize. This guidance reflects the scientific advances in these areas. Under section 502(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(f)), a device must have adequate directions for use, which include instructions on preparing a device for use. Instructions on how to reprocess (i.e., clean, disinfect, and sterilize) a reusable device are critical to ensure that the device is appropriately prepared for its next use.

    In the Federal Register of May 2, 2011 (76 FR 24494), FDA announced the availability of the draft guidance. Interested persons were invited to comment by August 1, 2011. FDA reviewed and considered all the public comments we received and revised several sections of the guidance, where applicable. On June 8 and 9, 2011, FDA held a public workshop entitled “Reprocessing of Reusable Medical Devices Workshop.” The purpose of the workshop was to discuss factors affecting the reprocessing of reusable medical devices and FDA's plans to address the identified issues. The discussion during this workshop and the comments received were considered before revising the guidance. This final guidance supersedes “Labeling Reusable Medical Devices for Reprocessing in Health Care Facilities: FDA Reviewer Guidance” dated April 1996.

    This final guidance contains the addition of “Appendix E: Devices for which a 510(k) Should Contain Data to Validate Reprocessing Instructions,” which includes a subset of medical devices that FDA has identified that pose a greater likelihood of microbial transmission and represent a high risk of infection if they are not adequately reprocessed. Because of this greater public health risk, 510(k) submissions for these devices should include protocols and complete test reports of the validation of the reprocessing instructions so that FDA has the information it needs to evaluate substantial equivalence.

    II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the Agency's current thinking on reprocessing validation methods and labeling for medical devices. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statute and regulations.

    III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by using the Internet. A search capability for all CDRH guidance documents is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance documents are also available at http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov. Persons unable to download an electronic copy of “Reprocessing Medical Devices in Health Care Settings: Validation Methods and Labeling” may send an email request to [email protected] to receive an electronic copy of the document. Please use the document number 1748 to identify the guidance you are requesting.

    IV. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR parts 801 and 809 have been approved under OMB control number 0910-0485 (medical device labeling); the collections of information in 21 CFR part 807, subpart E have been approved under OMB control number 0910-0120 (premarket notification); the collections of information in 21 CFR part 812 have been approved under OMB control number 0910-0078 (investigational device exemption); the collections of information in 21 CFR part 814, subparts A through E have been approved under OMB control number 0910-0231 (premarket approval); the collections of information in 21 CFR part 814, subpart H have been approved under OMB control number 0910-0332 (humanitarian use devices); and the collections of information in 21 CFR part 820 have been approved under OMB control number 0910-0073 (quality system regulation).

    V. Comments

    Interested persons may submit either electronic comments regarding this document to http://www.regulations.gov or written comments to the Division of Dockets Management (see ADDRESSES). It is only necessary to send one set of comments. Identify comments with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

    Dated: March 11, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-06029 Filed 3-16-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Proposed Collection; 60-Day Comment Request Surveys To Support an Evaluation of the National Human Genome Research Institute (NHGRI) Summer Workshop in Genomics (Short Course) 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 Human Genome Research Institute (NHGRI), 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: Carla L. Easter, Ph.D., Chief, Education and Community Involvement Branch, NHGRI, Building 31, Room B1B55, 31 Center Drive, MSC 2070, Bethesda, MD 20892 or call non-toll-free number (301) 594-1364 or Email your request, including your address to: [email protected] Formal requests for additional plans and instruments must be requested in writing.

    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: Surveys to Support an Evaluation of the NHGRI Summer Workshop in Genomics (Short Course), 0925-NEW, National Human Genome Research Institute (NHGRI), National Institutes of Health (NIH).

    Need and Use of Information Collection: The purpose of the proposed data collection activity is to complete a full-scale outcome evaluation of NHGRI's Summer Workshop in Genomics (a.k.a., the “Short Course”) focusing on program participants between 2004 and 2012. This training program is an intensive multi-day course that updates instructors and researchers of biology and nursing (and other related disciplines) on the latest research trends and topics in genomic science. The course focuses on the continuing effort to find the genetic basis of various diseases and disorders, and current topics on the ethical, legal and social implications of genomics.

    The Education and Community Involvement Branch (ECIB) designed the program to accomplish the following goals, which align with elements of both the NIH and NHGRI missions:

    • Expand NIH and NHGRI's professional network to reach out to diverse communities, and to create new partnership opportunities.

    • Prepare the next generation of genomics professionals for an era of genomic medicine.

    • Train and diversify the pipeline of genome professionals in alignment with the NIH and US Department of Health and Human Services diversity efforts.

    The ECIB has systematically collected feedback annually after the program from participants since inception of the Short Course in 2003, and then used the data to tweak the program, but it has not conducted a long-term, cumulative and substantive outcome evaluation. NHGRI and the ECIB propose to conduct such an outcome evaluation, focusing on three main objectives:

    (1) To understand the degree of genetic and genomic curriculum integration by faculty participants;

    (2) To explore the barriers and supports faculty experience and changes when integrating curriculum; and

    (3) To investigate the influence of the program on the participants' career path.

    Survey findings will provide valuable information about the various methods and pathways instructors use to disseminate new knowledge (and the associated timelines), the barriers and supports experienced by faculty as they integrate new knowledge into their teaching, and insights about additional avenues of support that NHGRI could provide teaching faculty from the types of institutions identified. Key indicators will also provide evidence about the degree to which the Short Course is meeting its goals. Collectively, the outcome evaluation will inform future program design and budget allocations.

    OMB approval is requested for 2 years. There are no costs to respondents other than their time. The total estimated annualized burden hours are 155.

    Estimated Annualized Burden Hours Form name Type of
  • respondents
  • Number of
  • respondents
  • Number of
  • responses
  • per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total
  • annual
  • burden
  • hours
  • Short Course Survey—Students Students 110 1 30/60 55 Short Course Survey—Faculty Faculty 200 1 30/60 100 Totals 310 155
    Dated: March 11, 2015. Gloria Butler, NHGRI Project Clearance Liaison, National Institutes of Health.
    [FR Doc. 2015-06086 Filed 3-16-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-N-0001] Vaccines and Related Biological Products Advisory Committee; Notice of Meeting AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    This notice announces a forthcoming meeting of a public advisory committee of the Food and Drug Administration (FDA). The meeting will be open to the public.

    Name of Committee: Vaccines and Related Biological Products Advisory Committee.

    General Function of the Committee: To provide advice and recommendations to the Agency on FDA's regulatory issues.

    Date and Time: The meeting will be held on May 12, 2015, from 8:30 a.m. to 5 p.m.

    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Building 31 Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993. Answers to commonly asked questions including information regarding special accommodations due to a disability, visitor parking, and transportation may be accessed at: http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm. For those unable to attend in person, the meeting will also be Web cast and will be available at the following link: https://collaboration.fda.gov/vrbpac0515/.

    Contact Person: Sujata Vijh, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 6128, Silver Spring, MD 209930-0002, 240-402-7107; or Denise Royster, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 6134, Silver Spring, MD 209930-0002, 240-402-8158; or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area). A notice in the Federal Register about last minute modifications that impact a previously announced advisory committee meeting cannot always be published quickly enough to provide timely notice. Therefore, you should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate advisory committee meeting link, or call the advisory committee information line to learn about possible modifications before coming to the meeting.

    Agenda: On May 12, 2015, from 8:30 a.m. to 5 p.m., the committee will meet in open session to discuss the development and licensure of Ebola vaccines.

    FDA intends to make background material available to the public no later than 2 business days before the meeting. If FDA is unable to post the background material on its Web site prior to the meeting, the background material will be made publicly available at the location of the advisory committee meeting, and the background material will be posted on FDA's Web site after the meeting. Background material is available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting link.

    Procedure: Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions may be made to the contact person on or before May 5, 2015. Oral presentations from the public will be scheduled between 1:15 p.m. and 2:15 p.m. Those individuals interested in making formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before April 27, 2015. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by April 28, 2015.

    Persons attending FDA's advisory committee meetings are advised that the Agency is not responsible for providing access to electrical outlets.

    FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Sujata Vijh (see Contact Person) at least 7 days in advance of the meeting.

    FDA is committed to the orderly conduct of its advisory committee meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures on public conduct during advisory committee meetings.

    Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2).

    Dated: March 13, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-06116 Filed 3-16-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVCES Substance Abuse and Mental Health Services Administration Agency Information Collection Activities: Proposed Collection; Comment Request

    In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 concerning opportunity for public comment on proposed collections of information, the Substance Abuse and Mental Health Services Administration (SAMHSA) will publish periodic summaries of proposed projects. To request more information on the proposed project or to obtain a copy of the information collection plans, call the SAMHSA Reports Clearance Officer on (240) 276-1243.

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

    Proposed Project Behavioral Health Information Technologies Survey—NEW

    The Substance Abuse and Mental Health Services Administration (SAMHSA) Center for Substance Abuse Treatment (CSAT) and Center for Behavioral Health Statistics and Quality (CBHSQ) are proposing a survey to assess health information technology (HIT) adoption among SAMHSA grantees. As part of its Strategic Initiative to advance the use of health information technologies to support integrated behavioral health care, SAMHSA has been working to develop a survey instrument that will examine the status of and plans for HIT adoption by behavioral health service providers who are implementing SAMHSA grant programs. The selected programs are funded by the by the Center for Mental Health Services (CMHS), the Center for Substance Abuse Prevention (CSAP), and (CSAT).

    This project seeks to acquire baseline data necessary to inform the Agency's strategic initiative that focuses on fostering the adoption of HIT in community behavioral health services. The survey of SAMHSA grantees regarding their access to and use of health information technology will provide valuable information that will inform the behavioral HIT literature.

    Approval of this data collection by the Office of Management and Budget (OMB) will allow SAMHSA to identify the current status of HIT adoption and use among a diverse group of grantees. Data from the survey will allow SAMHSA to enhance the HIT-related programmatic activities among its grantees by providing data on how HIT facilitates the implementation of different types of SAMHSA grants, thereby fostering the appropriate adoption of HIT within SAMSHA-funded programs.

    The survey will collect data once, providing a snapshot view of the current state of HIT adoption. The proposed participant pool is comprised of SAMHSA grantee program leadership who are willing to provide the assistance needed to ensure a high rate of response. Awardees from nine different SAMHSA programs drawn from CMHS, CSAT, and CSAP comprise the pool of survey participants.

    The survey mode for data collection will be web-based with embedded skip logic for respondents to avoid questions that are not applicable to them. The minimum amount of time for a respondent to complete the survey is 20 minutes, with respondents who do not skip items taking a maximum of 30 minutes for completion. The total estimated respondent burden is 149.6 hours.

    The following table summarizes the estimated response burden.

    Type of grantee or respondent Number of
  • respondents
  • Number of
  • responses
  • annually per
  • respondent
  • Total
  • responses
  • Average hours per response Total burden hours
    Screening, Brief Intervention, and Referral to Treatment (SBIRT) 18 1 18 .4 7.2 Targeted Capacity Expansion-Targeted Assisted Care 17 1 17 .4 6.8 Offender Re-entry Program 13 1 13 .4 5.2 Primary Behavioral Health Care Integration (PBHCI) 89 1 89 .4 35.6 National Child Traumatic Stress Initiative (NCTSI) 56 1 56 .4 22.4 Suicide Lifeline Crisis Center Follow-up 12 1 12 .4 4.8 Garret Lee Smith Youth Suicide Prevention Program 56 1 56 .4 22.4 Minority AIDS Initiative 113 1 113 .4 45.2 Total 374 374 149.6

    Send comments to Summer King, SAMHSA Reports Clearance Officer, Room 2-1057, One Choke Cherry Road, Rockville, MD 20857 or email her a copy at [email protected] Written comments should be received by May 18, 2015.

    Summer King, Statistician.
    [FR Doc. 2015-06038 Filed 3-16-15; 8:45 am] BILLING CODE 4162-20-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-15-0222; Docket No. CDC-2015-0007] Proposed Data Collection Submitted for Public Comment and Recommendations AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice with comment period.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC), as part of its continuing efforts to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. This notice invites comment on the Questionnaire Design Research Laboratory (QDRL)generic clearance request, which encompasses general questionnaire development and pre-testing activities to be carried out in 2014-2017.

    DATES:

    Written comments must be received on or before May 18, 2015.

    ADDRESSES:

    You may submit comments, identified by Docket No. CDC-2015-0007 by any of the following methods:

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

    Mail: Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329.

    Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to Regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to Regulations.gov.

    Please note:

    All public comment should be submitted through the Federal eRulemaking portal (Regulations.gov) or by U.S. mail to the address listed above.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact the Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below.

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information.

    Proposed Project

    Questionnaire Design Research Laboratory (QDRL) (OMB No. 0920-0222, expires 6/30/2015)—Revision—National Center for Health Statistics (NCHS), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    Section 306 of the Public Health Service (PHS) Act (42 U.S.C. 242k), as amended, authorizes that the Secretary of Health and Human Services (DHHS), acting through NCHS, shall undertake and support (by grant or contract) research, demonstrations, and evaluations respecting new or improved methods for obtaining current data to support statistical and epidemiological activities for the purpose of improving the effectiveness, efficiency, and quality of health services in the United States.

    The Questionnaire Design Research Laboratory (QDRL) is the focal point within NCHS for questionnaire development, pre-testing, and evaluation activities for CDC surveys (such as the NCHS National Health Interview Survey, OMB No. 0920-0214) and other federally sponsored surveys; however, question development and evaluation activities are conducted throughout NCHS. NCHS is requesting 3 years of OMB Clearance for this generic submission.

    The QDRL and other NCHS programs conduct cognitive interviews, focus groups, in-depth or ethnographic interviews, usability tests, field tests/pilot interviews, and experimental research in laboratory and field settings, both for applied questionnaire development and evaluation as well as more basic research on response errors in surveys.

    Various techniques to evaluate interviewer administered, self-administered, telephone, Computer Assisted Personal Interviewing (CAPI), Computer Assisted Self-Interviewing (CASI), Audio Computer-Assisted Self-Interviewing (ACASI), and web-based questionnaires are used.

    The most common questionnaire evaluation method is the cognitive interview. These evaluations are conducted by the QDRL. The interview structure consists of respondents first answering a draft survey question and then providing textual information to reveal the processes involved in answering the test question. Specifically, cognitive interview respondents are asked to describe how and why they answered the question as they did. Through the interviewing process, various types of question-response problems that would not normally be identified in a traditional survey interview, such as interpretive errors and recall accuracy, are uncovered. By conducting a comparative analysis of cognitive interviews, it is also possible to determine whether particular interpretive patterns occur within particular sub-groups of the population. Interviews are generally conducted in small rounds of 20-30 interviews; ideally, the questionnaire is re-worked between rounds, and revisions are tested iteratively until interviews yield relatively few new insights.

    Cognitive interviewing is inexpensive and provides useful data on questionnaire performance while minimizing respondent burden. Cognitive interviewing offers a detailed depiction of meanings and processes used by respondents to answer questions—processes that ultimately produce the survey data. As such, the method offers an insight that can transform understanding of question validity and response error. Documented findings from these studies represent tangible evidence of how the question performs. Such documentation also serves CDC data users, allowing them to be critical users in their approach and application of the data.

    In addition to cognitive interviewing, a number of other qualitative and quantitative methods are used to investigate and research survey response errors and the survey response process. These methods include conducting focus groups, usability tests, in-depth or ethnographic interviews, and the administration and analysis of questions in both representative and non-representative field tests. Focus groups are conducted by the QDRL. They are group interviews whose primary purpose is to elicit the basic sociocultural understandings and terminology that form the basis of questionnaire design. Each group typically consists of one moderator and 4 to 10 participants, depending on the research question. In-depth or ethnographic interviews are one-on-one interviews designed to elicit the understandings or terminology that are necessary for question design, as well as to gather detailed information that can contribute to the analysis of both qualitative and quantitative data. Usability tests are typically one-on-one interviews that are used to determine how a given survey or information collection tool functions in the field, and how the mode and layout of the instrument itself may contribute to survey response error and the survey response process.

    In addition to these qualitative methods, NCHS also uses various tools to obtain quantitative data, which can be analyzed alone or analyzed alongside qualitative data to give a much fuller accounting of the survey response process. For instance, phone, internet, mail, and in-person follow-up interviews of previous NCHS survey respondents may be used to test the validity of survey questions and questionnaires and to obtain more detailed information that cannot be gathered on the original survey. Additionally, field or pilot tests may be conducted on both representative and non-representative samples, including those obtained from commercial survey and web panel vendors. Beyond looking at traditional measures of survey errors (such as missing rates, item non-response, and don't know rates), these pilot tests can be used to run experimental designs in order to capture how different questions function in a field setting.

    Similar methodology has been adopted by other federal agencies, as well as by academic and commercial survey organizations. There are no costs to respondents other than their time. The total estimated annual burden hours are 13,150.

    Estimated Annualized Burden Hours Type of respondent Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total
  • burden
  • hours
  • Individuals or households Eligibility Screening 12,000 1 5/60 1,000 Individuals or households Questionnaire Development Studies 11,700 1 1 11,700 Individuals or households Focus groups 300 1 90/60 450 Total 13,150
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2015-06050 Filed 3-16-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Submission for OMB Review; 30-Day Comment Request: Application for Collaboration With the Therapeutic Development Branch (TDB), Division of Preclinical Innovation (DPI), National Center for Advancing Translational Sciences (NCATS) SUMMARY:

    Under the provisions of Section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the National Center for Advancing Translational Sciences (NCATS), the National Institutes of Health, has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below. This proposed information collection was previously published in the Federal Register on November 21, 2014, page 69499 and allowed 60-days for public comment. No public comments were received. The purpose of this notice is to allow an additional 30 days for public comment. The National Center for Advancing Translational Sciences (NCATS), National Institutes of Health, 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.

    Direct Comments to OMB: Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the: Office of Management and Budget, Office of Regulatory Affairs, [email protected] or by fax to 202-395-6974, Attention: NIH Desk Officer.

    Comment Due Date: Comments regarding this information collection are best assured of having their full effect if received within 30 days of the date of this publication.

    FOR FURTHER INFORMATION CONTACT:

    To obtain a copy of the data collection plans and instruments, or request more information on the proposed project, contact: Dr. Nora Yang, Therapeutic Development Branch, DPI, NCATS, NIH, 9800 Medical Center Drive, Building B, Rockville, MD 20850, or call non-toll-free number (301) 217-1077 or Email your request, including your address to: [email protected]. Formal requests for additional plans and instruments must be requested in writing.

    Proposed Collection: Application for Collaboration with the Therapeutic Development Branch (TDB), Division of Preclinical Innovation (DPI), National Center for Advancing Translational Sciences (NCATS), 0925-0658, Expiration Date 06/30/2015—EXTENSION, National Center for Advancing Translational Sciences (NCATS), National Institutes of Health (NIH).

    Need and Use of Information Collection: The Therapeutic Development Branch (TDB) provides opportunities to partner with and gain access to a variety of programs delivering assay development, screening, hit-to-lead chemistry, lead optimization, chemical biology studies, drug development capabilities, expertise, and clinical/regulatory resources in a collaborative environment, with the goal of moving promising therapeutics into human clinical trials for both common and specifically rare and/or neglected diseases. The TDB uses an application and evaluation process to select collaborators. Selected investigators provide the drug project starting points and ongoing biological/disease expertise throughout the project. The application and evaluation process is necessary to determine amount and quality of current data, select meritorious projects for adoption, and serve as a basis for determining specific scientific gaps to be filled. OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total estimated annualized burden hours are 510.

    Estimated Annualized Burden Hours Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • time per
  • response
  • (in hours)
  • Total annual
  • burden hours
  • TDB Project Information Template 170 1 1 170 Online Collaborator Solicitation (TRND) 100 1 1 100 Online Collaborator Solicitation (BrIDGs) 70 1 1 70 Solicitation Instructions (TRND) 100 1 1 100 Solicitation Instructions (BrIDGs) 70 1 1 70
    Dated: March 4, 2015. M. Janis Mullaney, Associate Director for Administration, NCATS, NIH.
    [FR Doc. 2015-06084 Filed 3-16-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Community Living Applications for New Awards; National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR)—Research Fellowships Program AGENCY:

    Administration for Community Living, Department of Health and Human Services.

    ACTION:

    Notice.

    Overview Information: National Institute on Disability and Rehabilitation Research (NIDILRR)—Research Fellowships Program.

    Notice inviting applications for new awards for fiscal year (FY) 2015.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.133F-2.

    DATES:

    Applications Available: March 17, 2015.

    Note: On July 22, 2014, President Obama signed the Workforce Innovation Opportunity Act (WIOA). WIOA was effective immediately. One provision of WIOA transferred the National Institute on Disability and Rehabilitation Research (NIDRR) from the Department of Education to the Administration for Community Living (ACL) in the Department of Health and Human Services. In addition, NIDRR's name was changed to the Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR). For FY 2015, all NIDILRR priority notices will be published as ACL notices, and ACL will make all NIDILRR awards. During this transition period, however, NIDILRR will continue to review grant applications using Department of Education tools. NIDILRR will post previously-approved application kits to grants.gov, and NIDILRR applications submitted to grants.gov will be forwarded to the Department of Education's G-5 system for peer review. We are using Department of Education application kits and peer review systems during this transition year in order to provide for a smooth and orderly process for our applicants.

    Date of Pre-Application Meeting: April 7, 2015.

    Deadline for Transmittal of Applications: May 18, 2015.

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: The purpose of the Research Fellowships Program is to build research capacity by providing support to highly qualified individuals, including those who are individuals with disabilities, to conduct research on the rehabilitation of individuals with disabilities.

    Fellows must conduct original research in an area authorized by section 204 of the Rehabilitation Act of 1973, as amended (Act). Section 204 of the Act authorizes research, demonstration projects, training, and related activities, the purposes of which are to develop methods, procedures, and rehabilitation technology that maximize the full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities, especially individuals with the most significant disabilities, and to improve the effectiveness of services authorized under the Act.

    Note:

    An applicant should consult NIDRR's Long-Range Plan for Fiscal Years 2013-2017 (78 FR 20299) (the Plan) when preparing its application. The Plan is organized around the following outcome domains: (1) Community living and participation; (2) health and function; and (3) employment and can be accessed on the Internet at the following site: www.ed.gov/about/offices/list/osers/nidrr/policy.html.

    Priority: NIDILRR has established one absolute priority for the competition announced in this notice. The Research Fellowships Program permits two types of fellowships, Distinguished and Merit. At this time, NIDILRR is choosing to fund a Distinguished Residential Disability and Rehabilitation Policy Fellowship.

    Absolute Priority: For FY 2015 and any subsequent year in which we make awards from the list of unfunded applicants from this competition, the priority is an absolute priority. Under 34 CFR 75.105(c)(3), we consider only applications that meet this priority.

    The priority is:

    Distinguished Residential Disability and Rehabilitation Policy Fellowship as part of NIDILRR's Research Fellowships Program.

    Note 1:

    An applicant for a Distinguished Residential Disability and Rehabilitation Policy Fellowship must arrange for a disability-relevant policy fellowship placement within a federal Executive branch agency or organization. (Please see the application kit for a list of potential agencies.)

    Note 2:

    The full text of the priority is included in the notice of final priority for the Distinguished Residential Disability and Rehabilitation Policy Fellowship published in the Federal Register on July 28, 2014 (79 FR 43653) and in the application package for this competition.

    Program Authority:

    29 U.S.C. 762(e).

    Applicable Regulations: (a) The Department of Health and Human Services General Administrative Regulations in 45 CFR part 75(b) 45 CFR part 75 Non-procurement Debarment and Suspension; (c) 45 CFR part 75 Requirement for Drug-Free Workplace (Financial Assistance); (d) The regulations for this program in 34 CFR part 356, 350.51 and 350.52.(a)

    II. Award Information

    Type of Award: Discretionary grants.

    Estimated Available Funds: $125,000.

    Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2015 and any subsequent year from the list of unfunded applicants from these competitions.

    Maximum Award: $125,000.

    We will reject any application that proposes a budget exceeding $125,000 for a Distinguished Residential Disability and Rehabilitation Policy Fellowship for a single year. The Administrator of the Administration for Community Living may change the maximum amount through a notice published in the Federal Register.

    Estimated Number of Awards: 1.

    Note:

    The Department is not bound by any estimates in this notice.

    Project Period: 12 months.

    We will reject any application that proposes a project period other than 12 months. The Administrator of the Administration for Community Living may change the maximum project period through a notice published in the Federal Register.

    III. Eligibility Information

    1. Eligible Applicants: Eligible individuals must: (1) satisfy the requirements of 45 CFR part 75 and (2) have training and experience that indicate a potential for engaging in scientific research related to the solution of rehabilitation problems of individuals with disabilities.

    To be eligible for a Distinguished Residential Disability and Rehabilitation Policy Fellowship, an individual must have seven or more years of research experience in subject areas, methods, or techniques relevant to rehabilitation research and must have a doctorate, other terminal degree, or comparable academic qualifications.

    Note:

    Institutions are not eligible to be recipients of research fellowships.

    Applicants must submit an eligibility statement describing how they meet the requirements for the Distinguished Residential Disability and Policy Fellowship allowed under this program.

    2. Cost Sharing or Matching: This program does not require cost sharing or matching.

    IV. Application and Submission Information

    1. Address To Request Application Package: You can obtain an application package via grants.gov, or by contacting Patricia Barrett: U.S. Department of Health and Human Services, 400 Maryland Avenue SW., Room 5142, PCP, Washington, DC 20202-2700. Telephone: (202) 245-6211 or by email: [email protected]

    If you request an application from Patricia Barrett, be sure to identify this competition as follows: CFDA number 84.133F-2.

    2. Content and Form of Application Submission: Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition.

    Page Limit: The application narrative is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit the application narrative to the equivalent of no more than 24 pages, using the following standards:

    • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides.

    • Double space (no more than three lines per vertical inch) all text in the application narrative. You are not required to double space titles, headings, footnotes, references, and captions, or text in charts, tables, figures, and graphs.

    • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch).

    • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial.

    The page limit for the application narrative does not apply to the documents you upload to the Grants.gov Apply site under the other two headings: ED Project Abstract and Other Attachments. The ED Project Abstract Form should contain only your one-page abstract. The Other Attachments Form should contain all other attachments, including your bibliography, eligibility statement, resume/curriculum vitae, and letters of recommendation/support. Information regarding the protection of human subjects, if applicable, should be included under the Other Attachments Form or in the place provided on the SF-424 Supplemental Form. You do not need to upload a table of contents for your application, as this will be automatically generated by Grants.gov.

    We will reject your application if you exceed the page limit.

    In concert with the balance principle described in NIDRR's Long-Range Plan, for Fiscal Years 2013-2017 (78 FR 20299), applicants for this Fellowship should specify in their abstract and application narrative which of NIDRR's major domains of individual well-being their research will focus on: (a) Community living and participation, (b) employment, or (c) health and function.

    Note:

    Please submit an appendix that lists every collaborating organization and individual named in the application, including the mentor, staff, consultants, contractors, and advisory board members. We will use this information to help us screen for conflicts of interest with our reviewers.

    3. Submission Dates and Times:

    Applications Available: March 17, 2015.

    Date of Pre-Application Meeting: Interested parties are invited to participate in a pre-application meeting and to receive information and technical assistance through individual consultation with NIDILRR staff. The pre-application meeting will be held on April 7, 2015. Interested parties may participate in this meeting by conference call with NIDILRR staff from the Administration for Community Living between 1:00 p.m. and 3:00 p.m., Washington, DC time. NIDILRR staff also will be available from 3:30 p.m. to 4:30 p.m., Washington, DC time, on the same day, by telephone, to provide information and technical assistance through individual consultation. For further information or to make arrangements to participate in the meeting via conference call or to arrange for an individual consultation, contact Carolyn Baron at [email protected], or by telephone at 202-245-7244. Deadline for Transmittal of Applications: May 18, 2015. Deadline for Transmittal of Applications: April 27, 2015.

    Applications for a grant 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 program is not subject to Executive Order 12372.

    5. Funding Restrictions: Applicants are not required to submit a budget with their proposal.

    Fellowship awards are a one full-time equivalent (FTE) award. Fellows must work principally on the fellowship during the term of the fellowship award. No fellow is allowed to be a direct recipient of Federal government grant funds in addition to those provided by the Fellowship grant (during the duration of the fellowship award performance period). Fellows may, subject to compliance with their institution's policy on additional employment, be the principal investigator of or otherwise work on a Federal grant that has been awarded to the fellow's institution. Fellows may be allowed to dedicate additional time beyond their one FTE requirement for the fellowship to other work during their fellowship grant performance period, if this is in keeping with the guidelines offered by their home institutions. In other words, NIDILRR defers to the guidelines of the fellows' home institutions regarding the admissibility of work in excess of the one FTE dedicated to the fellowship. NIDILRR strongly recommends that any additional time be limited to .25 FTE, but requires that additional time not exceed .5 FTE.

    Applicants should submit a plan for how they will be able to meet the one FTE requirement. We reference regulations outlining funding restrictions in the Applicable Regulations section of this notice.

    6. Requirements for Registering for Grants.gov and Submitting Your Application:

    All individuals applying for a research fellowship must register at www.Grants.gov prior to submitting their application. To register with Grants.gov you must know the Funding Opportunity Number (FON) of the grant opportunity you are applying for. You can obtain this number by searching Grants.gov using the CFDA number, 84.133. This search will lead you to available NIDILRR solicitations and identify the FON for each. You will use the FON to register in Grants.gov. Once you register with Grants.gov, to facilitate the safe and secure transfer of your application to the Department, you will be asked to create a profile with your username and password, which will be used to identify you within the system, and create an electronic signature. Details on registering with Grants.gov as an individual are outlined in the following Grants.gov tutorial: www.grants.gov/assets/IndividualRegistrationOverview.html.

    To register with Grants.gov, you do not have to provide a Data Universal Numbering System Number, a Taxpayer Identification Number, or your Social Security Number (SSN). You also do not have to complete a Central Contractor Registry or System for Award Management registration in order to access Grants.gov or submit your application.

    However, your SSN is required to complete your application for a research fellowship.

    7. Other Submission Requirements: Applications for a grant 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 a grant under the Research Fellowships Program, CFDA Number 84.133F-2, 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 Research Fellowships Program 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 84.133, not 84.133F).

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.

    • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this program [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, and all necessary assurances and certifications.

    • You must upload any narrative sections and all other attachments to your application as files in a PDF (Portable Document) read-only, non-modifiable format. Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF or submit a password-protected file, we will not review that material. Additional, detailed information on how to attach files is in the application instructions.

    • Your electronic application must comply with any page-limit requirements described in this notice.

    • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by email. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application).

    • We may request that you provide us original signatures on forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues With the Grants.gov System: If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically. You also may mail your application by following the mailing instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under For Further Information Contact in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that the problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted.

    Note:

    The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because—

    • You do not have access to the Internet; or

    • You do not have the capacity to upload large documents to the Grants.gov system;

    and

    • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application.

    If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.

    Address and mail or fax your statement to: Patricia Barrett, U.S. Department of Health and Human Services, 400 Maryland Avenue SW., Room 5142, Potomac Center Plaza (PCP), Washington, DC 20202-2700. FAX: (202) 245-7323.

    Your paper application must be submitted in accordance with the mail instructions described in this notice.

    b. Submission of Paper Applications by Mail.

    If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.133F-2), LBJ Basement Level 1, 400 Maryland Avenue SW., Washington, DC 20202-4260.

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Administrator of the Administration for Community Living of the U.S. Department of Health and Human Services.

    If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    If your application is postmarked after the application deadline date, we will not consider your application.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    Note for Mail of Paper Applications:

    If you mail your application to the Department—

    (1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the program under which you are submitting your application; and

    (2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition are from 34 CFR 356.30 through 356.32 and are listed in the application package.

    2. Review and Selection Process: Final award decisions will be made by the Administrator, ACL. In making these decisions, the Administrator will take into consideration: Ranking of the review panel; reviews for programmatic and grants management compliance; the reasonableness of the estimated cost to the government considering the available funding and anticipated results; and the likelihood that the proposed project will result in the benefits expected. Under Section 75.205, item (3) history of performance is an item that is reviewed.

    In addition, in making a competitive grant award, the Administrator of the Administration for Community Living requires various assurances including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department of Health and Human Services.

    3. Special Conditions: Under 45 CFR part 75 the Administrator of the Administration for Community Living may impose special conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 45 CFR part 75, as applicable; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

    VI. Award Administration Information

    1. Award Notices: If your application is successful, we send you a Notice of Award (NOA); or we may send you an email containing a link to access an electronic version of your NOA. We may notify you informally, also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the NOA. The NOA also incorporates your approved application as part of your binding commitments under the grant.

    3. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 45 CFR part 75 should you receive funding under the competition. This does not apply if you have an exception under 45 CFR part 75.

    (b) At the end of your project period, you must submit a final performance report, including summary financial information, as directed by the Administrator of the Administration for Community Living in 45 CFR part 75. The Administrator of the Administration for Community Living may also require more frequent performance reports under 45 CFR part 75. For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

    4. Performance Measures: To evaluate the overall success of its research program, NIDILRR assesses the quality of its funded projects through a review of grantee performance and accomplishments. Each year, NIDILRR examines a portion of its grantees to determine the extent to which grantees are conducting high-quality research and related activities that lead to high-quality products. Performance measures for the Research Fellowships Program include:

    • The number of NIDILRR-supported fellows, post-doctoral trainees, and doctoral students who publish results of NIDILRR-sponsored research in refereed journals;

    • The percentage of grantee research and development that has appropriate study design, meets rigorous standards of scientific and/or engineering methods, and builds on and contributes to knowledge in the field; and

    • The average number of publications per award based on NIDILRR-funded research and development activities in refereed journals.

    NIDILRR evaluates the overall success of individual research and development grants through a review of grantee performance and products. For these reviews, NIDILRR uses information submitted by grantees as part of their final performance report. Approved final performance report guidelines require grantees to submit information regarding research methods, results, outputs, and outcomes. Because grants made under the Research Fellowships Program are limited to a maximum of 12 months, they are not eligible for continuation awards.

    VII. Agency Contact FOR FURTHER INFORMATION CONTACT:

    Patricia Barrett, U.S. Department of Health and Human Services, 400 Maryland Avenue SW., Room 5142, PCP, Washington, DC 20202-2700. Telephone: (202) 245-6211 or by email: [email protected]

    If you use a TDD or a TTY, call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    VIII. Other Information

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: March 11, 2015. John Tschida, Director, National Institute on Disability, Independent Living, and Rehabilitation Research.
    [FR Doc. 2015-05961 Filed 3-16-15; 8:45 am] BILLING CODE 4154-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Neurological Disorders and Stroke

    Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of an Interagency Pain Research Coordinating Committee (IPRCC) meeting.

    The meeting will feature invited speakers and discussions of committee business items including pain research updates from federal agencies and discussion of a federal pain research strategy.

    The meeting will be open to the public and accessible by live webcast and conference call.

    Name of Committee: Interagency Pain Research Coordinating Committee.

    Type of meeting: Open Meeting.

    Date: April 17, 2015.

    Time: 8:30 a.m. to 5:00 p.m. *Eastern Time*—Approximate end time.

    Agenda: The meeting will feature invited speakers and discussions of Committee business items including pain research updates from federal agencies and discussion of a federal pain research strategy.

    Place: National Institutes of Health, Building 1, Wilson Hall, 3rd Floor, 1 Center Drive, Bethesda, MD 20892.

    Call in Teleconference Line (Listen Only): Dial: 888-469-1373, Participant Passcode: 7171892.

    Cost: The meeting is free and open to the public.

    Webcast Live: http://videocast.nih.gov/

    Deadlines: Notification of intent to present oral comments: Friday, April 3, 2015, by 5:00 p.m. ET.

    Submission of written/electronic statement for oral comments: Friday, April 10, 2015, by 5:00 p.m. ET.

    Submission of written comments: Monday, April 13, 2015, by 5:00 p.m. ET.

    Access: Medical Center Metro (Red Line), Visitor Information: http://www.nih.gov/about/visitor/index.htm.

    Contact Person: Linda L. Porter, Ph.D., Pain Policy Advisor, Office of Pain Policy, Officer of the Director, National Institute of Neurological Disorders and Stroke, NIH, 31 Center Drive, Room 8A31, Bethesda, MD 20892, Phone: (301) 451-4460, Email: [email protected]

    Please Note

    Any member of the public interested in presenting oral comments to the Committee must notify the Contact Person listed on this notice by 5:00 p.m. ET on Friday, April 3, 2015, with their request to present oral comments at the meeting. Interested individuals and representatives of organizations must submit a written/electronic copy of the oral statement/comments including a brief description of the organization represented by 5:00 p.m. ET on Friday, April 10, 2015.

    Statements submitted will become a part of the public record. Only one representative of an organization will be allowed to present oral comments on behalf of that organization, and presentations will be limited to three to five minutes per speaker, depending on number of speakers to be accommodated within the allotted time. Speakers will be assigned a time to speak in the order of the date and time when their request to speak is received, along with the required submission of the written/electronic statement by the specified deadline. If special accommodations are needed, please email the Contact Person listed above.

    In addition, any interested person may submit written comments to the IPRCC prior to the meeting by sending the comments to the Contact Person listed on this notice by 5:00 p.m. ET, Monday, April 13, 2015. The comments should include the name and, when applicable, the business or professional affiliation of the interested person. All written comments received by the deadlines for both oral and written public comments will be provided to the IPRCC for their consideration and will become part of the public record.

    The meeting will be open to the public through a conference call phone number and webcast live on the Internet. Members of the public who participate using the conference call phone number will be able to listen to the meeting but will not be heard. If you experience any technical problems with the conference call or webcast, please call Operator Service on (301) 496-4517 for conference call issues and the NIH IT Service Desk at (301) 496-4357, toll free (866) 319-4357, for webcast issues.

    Individuals who participate in person or by using these electronic services and who need special assistance, such as captioning of the conference call or other reasonable accommodations, should submit a request to the Contact Person listed on this notice at least seven days prior to the meeting.

    As a part of security procedures, attendees should be prepared to present a photo ID during the security process to get on the NIH campus. For a full description, please see: http://www.nih.gov/about/visitorsecurity.htm.

    Information about the IPRCC is available on the Web site: http://iprcc.nih.gov/.

    Dated: March 11, 2015. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-05969 Filed 3-16-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Minority Health and Health Disparities; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable materials, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Minority Health and Health Disparities Special Emphasis Panel; NIMHD Academic Research Enhancement Award: Enhancing Health Disparities Research at Undergraduate Institutions (R15).

    Date: April 13-14, 2015.

    Time: 4:00 p.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Rockville Hilton, 1750 Rockville Pike, Rockville, MD 20852.

    Contact Person: Maryline Laude-Sharp, Ph.D., Scientific Review Officer, National Institute on Minority Health and Health Disparities, National Institutes of Health, 6707 Democracy Blvd., Suite 800, Bethesda, MD 20892, (301) 451-9536, [email protected]

    Dated: March 11, 2015. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-06037 Filed 3-16-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Renewal of Charter for the Advisory Council on Blood Stem Cell Transplantation AGENCY:

    Healthcare Systems Bureau, Health Resources and Services Administration, Department of Health and Human Services.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Health and Human Services is hereby giving notice that the Advisory Council on Blood Stem Cell Transplantation (ACBSCT) is being rechartered. The effective date of the current charter was February 19, 2013.

    FOR FURTHER INFORMATION CONTACT:

    Patricia Stroup, MBA, MPA, Executive Secretary, Advisory Council on Blood Stem Cell Transplantation, Health Resources and Services Administration, Department of Health and Human Services, Room 17W65 Fishers Lane, Rockville, MD 20857. Phone: (301) 443-1127; fax: (301) 594-6095; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    42 U.S.C. 274k; section 379 of the Public Health Service Act. The Council is governed by the provisions of Public Law 92-463, as amended (5 U.S.C. appendix 2), which sets forth standards for the formation and use of advisory committees. ACBSCT advises and makes recommendations to the Secretary on matters related to the activities of the C.W. Bill Young Cell Transplantation Program and the National Cord Blood Inventory Program.

    Its principal functions shall be to provide unbiased analyses and recommendations to the Secretary on the latest advances in the science of blood stem cell transplantation.

    On February 13, 2013, the Secretary approved the ACBSCT charter to be renewed. The filing date of the renewed charter was February 19, 2013. There was one amendment to the previous charter, which was approved by the Secretary on May 14, 2014, with an amended filing date of May 15, 2014. Renewal of the ACBSCT charter gives authorization for the Council to operate until February 19, 2017.

    A copy of the ACBSCT charter is available on the Web site for the blood cell transplant program, at http://bloodcell.transplant.hrsa.gov/. A copy of the charter also can be obtained by accessing the FACA database that is maintained by the Committee Management Secretariat under the General Services Administration. The Web site address for the FACA database is http://www.facadatabase.gov/.

    Dated: March 4, 2015. Mary K. Wakefield, Administrator.
    [FR Doc. 2015-06007 Filed 3-16-15; 8:45 am] BILLING CODE 4165-15-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; Small Business: Non-HIV Anti-Infective Therapeutics.

    Date: March 26-27, 2015.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: The Westin St. Francis, 335 Powell Street, San Francisco, CA 94102.

    Contact Person: Kenneth M Izumi, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3204, MSC 7808, Bethesda, MD 20892, 301-496-6980, [email protected]

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: AIDS and AIDS Related Research.

    Date: April 1, 2015.

    Time: 10:30 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Telephone Conference Call).

    Contact Person: Jose H Guerrier, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5218, MSC 7852, Bethesda, MD 20892, 301-435-1137, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Implementation Science in HIV/AIDS Interventions.

    Date: April 2, 2015.

    Time: 11:30 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person; Jose H Guerrier, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5218, MSC 7852, Bethesda, MD 20892, 301-435-1137, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: AIDS and AIDS Related Research.

    Date: April 8-9, 2015.

    Time: 10:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting).

    Contact Person: Kenneth A Roebuck, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5106, MSC 7852, Bethesda, MD 20892, (301) 435-1166, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Program Project: AIDS and AIDS Related Research.

    Date: April 10, 2015.

    Time: 1:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting).

    Contact Person: Robert Freund, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5216, MSC 7852, Bethesda, MD 20892, 301-435-1050, [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).
    March 11, 2015. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-06035 Filed 3-16-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day-15-15GD] Proposed Data Collections Submitted for Public Comment and Recommendations; Withdrawal AGENCY:

    National Institute for Occupational Safety and Health (NIOSH), Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995.

    Subject: Emergency Self Escape for Coal Miners.

    ACTION:

    Notice withdrawal.

    SUMMARY:

    The Centers for Disease Control and Prevention requests withdrawal from publication the 30-Day Federal Register Notice (FRN) 15-15GD concerning the Emergency Self Escape for Coal Miners ([FR Doc. 2015-05512 Filed 3-9-15; 8:45 a.m.]), which was submitted on March 5, 2015 for public inspection in the Federal Register.

    CDC discovered errors with the published information collection burden estimates and has since corrected these estimates.

    DATES:

    The 30-day FRN published on [03/10/15] at [Vol. 80, No. 46 Page 12638-12640] is withdrawn as of [03/11/15].

    FOR FURTHER INFORMATION CONTACT:

    (404) 639-7570 or send comments to CDC Leroy Richardson, 1600 Clifton Road, MS D-74, Atlanta, GA 30333 or send an email to [email protected]

    SUPPLEMENTARY INFORMATION:

    N/A

    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2015-05942 Filed 3-16-15; 8:45 am] BILLING CODE 4163-18-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: AIDS and AIDS Related Research.

    Date: April 7-8, 2015.

    Time: 10:00 a.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: Robert Freund, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5216, MSC 7852, Bethesda, MD 20892, 301-435-1050, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Structural Studies.

    Date: April 7, 2015.

    Time: 2:30 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Eduardo A. Montalvo, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5108, MSC 7852, Bethesda, MD 20892, (301) 435-1168, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; RFA Panel: HIV-HCV-HBV Special Emphasis Panel.

    Date: April 8, 2015.

    Time: 1:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Eduardo A. Montalvo, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5108, MSC 7852, Bethesda, MD 20892, (301) 435-1168, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Cancer Biology and Progression.

    Date: April 8, 2015.

    Time: 1:00 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, (Telephone Conference Call).

    Contact Person: Rolf Jakobi, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6187, MSC 7806, Bethesda, MD 20892, 301-495-1718, [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 11, 2015. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-05972 Filed 3-16-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Submission for OMB Review; 30-Day Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery (NIDA) SUMMARY:

    Under the provisions of Section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the National Institutes of Health (NIH) has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below. This proposed information collection was previously published in the Federal Register Volume 79, No. 250, on December 31, 2014, page 78875, and allowed 60-days for public comment. No public comments were received. The purpose of this notice is to allow an additional 30 days for public comment. The National Institute on Drug Abuse (NIDA), National Institutes of Health, 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.

    Direct Comments to OMB: Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the: Office of Management and Budget, Office of Regulatory Affairs, [email protected] or by fax to 202-395-6974, Attention: NIH Desk Officer.

    Comment Due Date: Comments regarding this information collection are best assured of having their full effect if received within 30 days of the date of this publication.

    FOR FURTHER INFORMATION CONTACT:

    To obtain a copy of the data collection plans and instruments, submit comments in writing, or request more information on the proposed project, contact: Genevieve deAlmeida, Project Clearance Liaison, National Institute on Drug Abuse, NIH, 6001 Executive Boulevard, Bethesda, MD 20892-9557, or call non-toll-free number (301) 594-6802, or Email your request, including your address to: [email protected] Formal requests for additional plans and instruments must be requested in writing.

    Proposed Collection: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery (NIDA), 0925-0655, Expiration Date 3/31/2015, EXTENSION, National Institute on Drug Abuse (NIDA).

    Need and Use of Information Collection: The information collected under this clearance will be qualitative customer and stakeholder feedback information—their perceptions, experiences and expectations of services, issues with service, to focus attention on areas where communication, training or changes in operations might improve delivery of products or services. The information will be useful and will allow for collaborative and actionable communications between the Agency and its customers and stakeholders, and will contribute directly to improving the programs and management of them.

    The information will not yield data that can be generalized to the overall population. The information may also be formative for the purpose of developing a concept for a new service program or dissemination program. The collections may still be eligible for submission for other generic mechanisms designed to yield quantitative results. The primary objectives are to obtain feedback on programs from customers and stakeholders, that would help make positive changes to the programs, or to assist in developing a new program or dissemination initiative, or to test medical tools and devices for usability, feasibility, and pilot testing of survey questionnaires for understandability. Data collection methods to be used in these studies include web-based and mailed surveys, focus groups, interviews with small groups, ad hoc collections at Conferences. The findings will provide valuable information to assist in improving programs that serve the public, and in developing good tools and devices to serve the public. OMB approval is requested for 3 years.

    NIDA will only submit a collection for approval under this generic clearance if it meets the following conditions:

    • The collections are voluntary;

    • The collections are low-burden for respondents (based on considerations of total burden hours, total number of respondents, or burden-hours per respondent) and are low-cost for both the respondents and the Federal Government;

    • The collections are non-controversial and do not raise issues of concern to other Federal agencies;

    • Any collection is targeted to the solicitation of opinions from respondents who have experience with the program or may have experience with the program in the near future;

    • Personally identifiable information (PII) is collected only to the extent necessary and is not retained;

    • Information gathered will be used only internally for general service improvement and program management purposes and is not intended for release outside of the agency;

    • Information gathered will not be used for the purpose of substantially informing influential policy decisions; and

    • Information gathered will yield qualitative information; the collections will not be designed or expected to yield statistically reliable results or used as though the results are generalizable to the population of study.

    Feedback collected under this generic clearance provides useful information, but it does not yield data that can be generalized to the overall population. This type of generic clearance for qualitative information will not be used for quantitative information collections that are designed to yield reliably actionable results, such as monitoring trends over time or documenting program performance. Such data uses require more rigorous designs that address: The target population to which generalizations will be made, the sampling frame, the sample design (including stratification and clustering), the precision requirements or power calculations that justify the proposed sample size, the expected response rate, methods for assessing potential non-response bias, the protocols for data collection, and any testing procedures that were or will be undertaken prior to fielding the study. Depending on the degree of influence the results are likely to have, such collections may still be eligible for submission for other generic mechanisms that are designed to yield quantitative results.

    As a general matter, information collections will not result in any new system of records containing privacy information and will not ask questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.

    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid Office of Management and Budget control number.

    OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total estimated annualized burden hours are 1,560.

    Estimated Annualized Burden Hours Type of collection Number of
  • respondents
  • Annual
  • frequency per
  • response
  • Hours per
  • response
  • Total hours
    Customer outcomes and usability testing 900 1 40/60 600 Customer Satisfaction and needs assessment survey 600 1 40/60 400 Focus Groups 130 1 1 130 Small Discussion Groups 130 1 1 130 Pilot Testing of instruments for applicability among diverse populations 450 1 40/60 300
    Dated: March 11, 2015. Genevieve deAlmeida, Project Clearance Liaison, NIDA, NIH.
    [FR Doc. 2015-06087 Filed 3-16-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration “Low-Income Levels” Used for Various Health Professions and Nursing Programs Authorized in Titles III, VII, and VIII of the Public Health Service Act AGENCY:

    Health Resources and Services Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Health Resources and Services Administration (HRSA) is updating income levels used to identify a “low-income family” for the purpose of determining eligibility for programs that provide health professions and nursing training to individuals from disadvantaged backgrounds. These various programs are authorized in Titles III, VII, and VIII of the Public Health Service Act.

    The Department periodically publishes in the Federal Register low-income levels to be used by institutions receiving grants and cooperative agreements in order to determine individual eligibility for programs providing training for (1) disadvantaged individuals, (2) individuals from disadvantaged backgrounds, or (3) individuals from low-income families.

    SUPPLEMENTARY INFORMATION:

    Many health professions and nursing grant and cooperative agreement awardees use the low-income levels to determine whether potential program participants are from an economically disadvantaged background and would be eligible to participate in the program, as well as to determine the amount of funding the individual receives. Federal agencies generally make awards to: Accredited schools of medicine, osteopathic medicine, public health, dentistry, veterinary medicine, optometry, pharmacy, allied health, podiatric medicine, nursing, and chiropractic; public or private nonprofit schools which offer graduate programs in behavioral health and mental health practice; and other public or private nonprofit health or education entities to assist the disadvantaged to enter and graduate from health professions and nursing schools. Some programs provide for the repayment of health professions or nursing education loans for disadvantaged students.

    The Secretary defines a “low-income family/household” for programs included in Titles III, VII, and VIII of the Public Health Service Act as having an annual income that does not exceed 200 percent of the Department's poverty guidelines. A family is a group of two or more individuals related by birth, marriage, or adoption who live together. On June 26, 2013, in U.S. v. Windsor, 133 S. Ct. 2675 (2013), the Supreme Court held that section 3 of the Defense of Marriage Act, which prohibited federal recognition of same-sex spouses and same-sex marriages, was unconstitutional. In light of this decision, please note that in determining eligibility for these programs, same-sex marriages and same-sex spouses will be recognized on equal terms with opposite-sex marriages and opposite-sex spouses, regardless of where the couple resides. This approach is consistent with a post-Windsor policy of treating same-sex marriages on the same terms as opposite sex marriages to the greatest extent reasonably possible. Thus, a “family or household” includes same-sex spouses that are legally married in a jurisdiction that recognizes same-sex marriage regardless of whether the same-sex spouses live in a jurisdiction that recognizes same-sex marriage or a jurisdiction that does not recognize same-sex marriage as well as the family members that result from such same sex-marriage.

    Most HRSA programs use the income of a student's parents to compute low-income status. However, a “household” may potentially be only one person. Other HRSA programs, depending upon the legislative intent of the program, the programmatic purpose related to income level, as well as the age and circumstances of the participant, will apply these low-income standards to the individual student to determine eligibility, as long as he or she is not listed as a dependent on the tax form of his or her parent(s). Each program announces the rationale and choice of methodology for determining low-income levels in program guidance.

    The Secretary annually adjusts the low-income levels based on the Department's poverty guidelines and makes them available to persons responsible for administering the applicable programs. The Department's poverty guidelines are based on poverty thresholds published by the U.S. Bureau of the Census, adjusted annually for changes in the Consumer Price Index. The income figures that follow have been updated to reflect the Department's 2015 poverty guidelines as published in 80 FR 3236 (January 22, 2015).

    Low-Income Levels Based on the 2015 Poverty Guidelines for the 48 Contiguous States and the District of Columbia Persons in family/household * Income level ** 1 23,540 2 31,860 3 40,180 4 48,500 5 56,820 6 65,140 7 73,460 8 81,780 For families with more than 8 persons, add $8,320 for each additional person. Low-Income Levels Based on the 2015 Poverty Guidelines for Alaska Persons in family/household * Income level ** 1 29,440 2 39,840 3 50,240 4 60,640 5 71,040 6 81,440 7 91,840 8 102,240 For families with more than 8 persons, add $10,400 for each additional person. Low-Income Levels Based on the 2015 Poverty Guidelines for Hawaii Persons in family/household * Income level ** 1 27,100 2 36,660 3 46,220 4 55,780 5 65,340 6 74,900 7 84,460 8 94,020 For families with more than 8 persons, add $9,560 for each additional person. * Includes only dependents listed on federal income tax forms. ** Adjusted gross income for calendar year 2014.

    Separate poverty guideline figures for Alaska and Hawaii reflect Office of Economic Opportunity administrative practice beginning in the 1966-1970 period. (Note that the Census Bureau poverty thresholds—the version of the poverty measure used for statistical purposes—have never had separate figures for Alaska and Hawaii.) The poverty guidelines are not defined for Puerto Rico or other outlying jurisdictions. Puerto Rico and other outlying jurisdictions shall use income guidelines for the 48 Contiguous States and the District of Columbia.

    Dated: March 6, 2015. Mary K. Wakefield, Administrator.
    [FR Doc. 2015-06008 Filed 3-16-15; 8:45 am] BILLING CODE 4165-15-P
    DEPARTMENT OF HOMELAND SECURITY [OMB Control Number 1615-0116] Agency Information Collection Activities: Application for Fee Waivers and Exemption, Form I-912; Revision of a Currently Approved Collection AGENCY:

    U.S. Citizenship and Immigration Services, Department of Homeland Security.

    ACTION:

    60-day notice.

    SUMMARY:

    The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) invites the general public and other Federal agencies to comment upon this proposed revision of a currently approved collection of information. In accordance with the Paperwork Reduction Act (PRA) of 1995, the information collection notice is published in the Federal Register to obtain comments regarding the nature of the information collection, the categories of respondents, the estimated burden (i.e. the time, effort, and resources used by the respondents to respond), the estimated cost to the respondent, and the actual information collection instruments.

    DATES:

    Comments are encouraged and will be accepted for 60 days until May 18, 2015.

    ADDRESSES:

    All submissions received must include the OMB Control Number 1615-0116 in the subject box, the agency name and Docket ID USCIS-2010-0008. To avoid duplicate submissions, please use only one of the following methods to submit comments:

    (1) Online. Submit comments via the Federal eRulemaking Portal Web site at www.regulations.gov under e-Docket ID number USCIS-2010-0008;

    (2) Email. Submit comments to [email protected];

    (3) Mail. Submit written comments to DHS, USCIS, Office of Policy and Strategy, Chief, Regulatory Coordination Division, 20 Massachusetts Avenue NW., Washington, DC 20529-2140.

    FOR FURTHER INFORMATION CONTACT:

    If you need a copy of the information collection instrument with instructions, or additional information, please visit the Federal eRulemaking Portal site at: http://www.regulations.gov. We may also be contacted at: USCIS, Office of Policy and Strategy, Regulatory Coordination Division, Laura Dawkins, Chief, 20 Massachusetts Avenue NW., Washington, DC 20529-2140, Telephone number 202-272-8377.

    SUPPLEMENTARY INFORMATION: Comments

    Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking Portal at http://www.regulations.gov, and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make to DHS. DHS may withhold information provided in comments from public viewing that it determines may impact the privacy of an individual or is offensive. For additional information, please read the Privacy Act notice that is available via the link in the footer of http://www.regulations.gov.

    Note:

    The address listed in this notice should only be used to submit comments concerning this information collection. Please do not submit requests for individual case status inquiries to this address. If you are seeking information about the status of your individual case, please check “My Case Status” online at: https://egov.uscis.gov/cris/Dashboard.do, or call the USCIS National Customer Service Center at 1-800-375-5283.

    Written comments and suggestions from the public and affected agencies should address one or more of the following four points:

    (1) 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;

    (2) 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;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

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

    Overview of This Information Collection

    (1) Type of Information Collection: Revision of a Currently Approved Collection.

    (2) Title of the Form/Collection: Application for Fee Waivers and Exemption.

    (3) Agency form number, if any, and the applicable component of the DHS sponsoring the collection: Form I-912; USCIS.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. The collection of information on Form I-912 is necessary in order for U.S. Citizenship and Immigration Services (USCIS) to make a determination that the applicant is unable to pay the application fee for certain immigration benefits.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: The estimated total number of respondents for the information collection I-912 is 505,000 and the estimated hour burden per response is 1.17 hours.

    (6) An estimate of the total public burden (in hours) associated with the collection: The total estimated annual hour burden associated with this collection is 590,850 hours.

    (7) An estimate of the total public burden (in cost) associated with the collection: The estimated total annual cost burden associated with this collection of information is $1,893,750.

    Dated: March 11, 2015. Laura Dawkins, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security.
    [FR Doc. 2015-06032 Filed 3-16-15; 8:45 am] BILLING CODE 9111-97-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Accreditation and Approval of NMC Global Corporation, as a Commercial Gauger and Laboratory AGENCY:

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

    ACTION:

    Notice of accreditation and approval of NMC Global Corporation, as a commercial gauger and laboratory.

    SUMMARY:

    Notice is hereby given, pursuant to CBP regulations, that NMC Global Corporation has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of October 28, 2014.

    DATES:

    Effective Dates: The accreditation and approval of NMC Global Corporation, as commercial gauger and laboratory became effective on October 28, 2014. The next triennial inspection date will be scheduled for October 2017.

    FOR FURTHER INFORMATION CONTACT:

    Approved Gauger and Accredited Laboratories Manager, Laboratories and Scientific Services Directorate, U.S. Customs and Border Protection, 1331 Pennsylvania Avenue NW., Suite 1500N, Washington, DC 20229, tel. 202-344-1060.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given pursuant to 19 CFR 151.12 and 19 CFR 151.13, that NMC Global Corporation, 3139 Federal Rd., Pasadena, TX 77504, has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. NMC Global Corporation is approved for the following gauging procedures for petroleum and certain petroleum products per the American Petroleum Institute (API) Measurement Standards:

    API
  • chapters
  • Title
    3 Tank gauging. 7 Temperature determination. 8 Sampling. 12 Calculations. 17 Maritime measurement

    NMC Global Corporation is accredited for the following laboratory analysis procedures and methods for petroleum and certain petroleum products set forth by the U.S. Customs and Border Protection Laboratory Methods (CBPL) and American Society for Testing and Materials (ASTM):

    CBPL No. ASTM Title 27-01 ASTM D 287 Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method). 27-04 ASTM D 95 Standard test method for water in petroleum products and bituminous materials by distillation. 27-06 ASTM D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27-13 ASTM D 4294 Standard test method for sulfur in petroleum and petroleum products by energy-dispersive x-ray fluorescence spectrometry. 27-48 ASTM D 4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter.

    Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to [email protected] Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. http://www.cbp.gov/about/labs-scientific/commercial-gaugers-and-laboratories.

    Dated: March 9, 2015. Ira S. Reese, Executive Director, Laboratories and Scientific Services Directorate.
    [FR Doc. 2015-06076 Filed 3-16-15; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and Laboratory AGENCY:

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

    ACTION:

    Notice of accreditation and approval of Inspectorate America Corporation, as a commercial gauger and laboratory.

    SUMMARY:

    Notice is hereby given, pursuant to CBP regulations, that Inspectorate America Corporation has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of November 17, 2014.

    DATES:

    The accreditation and approval of Inspectorate America Corporation, as commercial gauger and laboratory became effective on November 17, 2014. The next triennial inspection date will be scheduled for November 2017.

    FOR FURTHER INFORMATION CONTACT:

    Approved Gauger and Accredited Laboratories Manager, Laboratories and Scientific Services Directorate, U.S. Customs and Border Protection, 1331 Pennsylvania Avenue NW., Suite 1500N, Washington, DC 20229, tel. 202-344-1060.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given pursuant to 19 CFR 151.12 and 19 CFR 151.13, that Inspectorate America Corporation, 1301 West Blancke St., Linden, NJ 07036, has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Inspectorate America Corporation is approved for the following gauging procedures for petroleum and certain petroleum products per the American Petroleum Institute (API) Measurement Standards:

    API
  • chapters
  • Title
    1 Vocabulary. 3 Tank gauging. 7 Temperature determination. 8 Sampling. 12 Calculations. 17 Maritime measurement.

    Inspectorate America Corporation is accredited for the following laboratory analysis procedures and methods for petroleum and certain petroleum products set forth by the U.S. Customs and Border Protection Laboratory Methods (CBPL) and American Society for Testing and Materials (ASTM):

    CBPL No. ASTM Title 27-01 ASTM D 287 Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method). 27-04 ASTM D 95 Standard test method for water in petroleum products and bituminous materials by distillation. 27-06 ASTM D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27-07 ASTM D 4807 Standard Test Method for Sediment in Crude Oil by Membrane Filtration. 27-08 ASTM D 86 Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 27-11 ASTM D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (the Calculation of Dynamic Velocity). 27-13 ASTM D 4294 Standard test method for sulfur in petroleum and petroleum products by energy-dispersive x-ray fluorescence spectrometry. 27-14 ASTM D 2622 Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-ray Fluorescence Spectrometry. 27-20 ASTM D 4057 Standard Practice for Manual Sampling of Petroleum and Petroleum Products. 27-48 ASTM D 4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter. 27-50 ASTM D 93 Standard test methods for flash point by Pensky-Martens Closed Cup Tester. 27-53 ASTM D 2709 Standard Test Method for Water and Sediment in Middle Distillate Fuels by Centrifuge. 27-54 ASTM D 1796 Standard test method for water and sediment in fuel oils by the centrifuge method (Laboratory procedure). 27-58 ASTM D 5191 Standard Test Method For Vapor Pressure of Petroleum Products (Mini Method). N/A ASTM D 1319 Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator Adsorption. N/A ASTM D 4815 Standard Test Method for Determination of MTBE, ETBE, TAME, DIPE, tertiary-Amyl Alcohol and C1 to C4 Alcohols in Gasoline by Gas Chromatography. N/A ASTM D 5599 Standard Test Method for Determination of Oxygenates in Gasoline by Gas Chromatography and Oxygen Selective Flame Ionization Detection. N/A ASTM D 3606 Standard Test Method for Determination of Benzene and Toluene in Finished Motor and Aviation Gasoline by Gas Chromatography. N/A ASTM D 5769 Standard Test Method for Determination of Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas Chromatography/Mass Spectrometry.

    Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to [email protected] Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. http://www.cbp.gov/about/labs-scientific/commercial-gaugers-and-laboratories.

    Dated: March 9, 2015. Ira S. Reese, Executive Director, Laboratories and Scientific Services Directorate.
    [FR Doc. 2015-06083 Filed 3-16-15; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Accreditation and Approval of NMC Global Corporation, as a Commercial Gauger and Laboratory AGENCY:

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

    ACTION:

    Notice of accreditation and approval of NMC Global Corporation, as a commercial gauger and laboratory.

    SUMMARY:

    Notice is hereby given, pursuant to CBP regulations, that NMC Global Corporation has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of August 20, 2014.

    DATES:

    Effective Dates: The accreditation and approval of NMC Global Corporation, as commercial gauger and laboratory became effective on August 20, 2014. The next triennial inspection date will be scheduled for August 2017.

    FOR FURTHER INFORMATION CONTACT:

    Approved Gauger and Accredited Laboratories Manager, Laboratories and Scientific Services Directorate, U.S. Customs and Border Protection, 1331 Pennsylvania Avenue NW., Suite 1500N, Washington, DC 20229, tel. 202-344-1060.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given pursuant to 19 CFR 151.12 and 19 CFR 151.13, that NMC Global Corporation, 326 23rd St., Kenner, LA 70062, has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. NMC Global Corporation is approved for the following gauging procedures for petroleum and certain petroleum products per the American Petroleum Institute (API) Measurement Standards:

    API
  • chapters
  • Title
    3 Tank gauging. 7 Temperature determination. 8 Sampling. 11 Physical property. 12 Calculations. 17 Maritime measurement.

    NMC Global Corporation is accredited for the following laboratory analysis procedures and methods for petroleum and certain petroleum products set forth by the U.S. Customs and Border Protection Laboratory Methods (CBPL) and American Society for Testing and Materials (ASTM):

    CBPL No. ASTM Title 27-01 ASTM D 287 Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method). 27-04 ASTM D 95 Standard test method for water in petroleum products and bituminous materials by distillation. 27-06 ASTM D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27-11 ASTM D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (the Calculation of Dynamic Velocity). 27-13 ASTM D 4294 Standard test method for sulfur in petroleum and petroleum products by energy-dispersive x-ray fluorescence spectrometry. 27-48 ASTM D 4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter. 27-50 ASTM D 93 Standard test methods for flash point by Pensky-Martens Closed Cup Tester.

    Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to [email protected] Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. http://www.cbp.gov/about/labs-scientific/commercial-gaugers-and-laboratories

    Dated: March 9, 2015. Ira S. Reese, Executive Director, Laboratories and Scientific Services Directorate.
    [FR Doc. 2015-06221 Filed 3-16-15; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY Customs and Border Protection Accreditation and Approval of Intertek USA, Inc., as a Commercial Gauger and Laboratory AGENCY:

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

    ACTION:

    Notice of accreditation and approval of Intertek USA, Inc., as a commercial gauger and laboratory.

    SUMMARY:

    Notice is hereby given, pursuant to CBP regulations, that Intertek USA, Inc., has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of August 20, 2014.

    DATES:

    Effective Dates: The accreditation and approval of Intertek USA, Inc., as commercial gauger and laboratory became effective on August 20, 2014. The next triennial inspection date will be scheduled for August 2017.

    FOR FURTHER INFORMATION CONTACT:

    Approved Gauger and Accredited Laboratories Manager, Laboratories and Scientific Services Directorate, U.S. Customs and Border Protection, 1331 Pennsylvania Avenue NW., Suite 1500N, Washington, DC 20229, tel. 202-344-1060.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given pursuant to 19 CFR 151.12 and 19 CFR 151.13, that Intertek USA, Inc., 4398 Highway 77N, Marion, AR 72364, has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Intertek USA, Inc., is approved for the following gauging procedures for petroleum and certain petroleum products per the American Petroleum Institute (API) Measurement Standards:

    API
  • chapters
  • Title
    3 Tank gauging. 7 Temperature determination. 8 Sampling. 12 Calculations. 17 Maritime measurement.

    Intertek USA, Inc., is accredited for the following laboratory analysis procedures and methods for petroleum and certain petroleum products set forth by the U.S. Customs and Border Protection Laboratory Methods (CBPL) and American Society for Testing and Materials (ASTM):

    CBPL No. ASTM Title 27-04 ASTM D 95 Standard test method for water in petroleum products and bituminous materials by distillation. 27-06 ASTM D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27-08 ASTM D 86 Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 27-11 ASTM D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (the Calculation of Dynamic Velocity). 27-13 ASTM D 4294 Standard test method for sulfur in petroleum and petroleum products by energy-dispersive x-ray fluorescence spectrometry. 27-14 ASTM D 2622 Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-ray Fluorescence Spectrometry. 27-46 ASTM D 5002 Standard test method for density and relative density of crude oils by digital density analyzer. 27-48 ASTM D 4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter. 27-50 ASTM D 93 Standard test methods for flash point by Pensky-Martens Closed Cup Tester. 27-53 ASTM D 2709 Standard Test Method for Water and Sediment in Middle Distillate Fuels by Centrifuge. 27-57 ASTM D 7039 Standard Test Method for Sulfur in Gasoline and Diesel Fuel by Monochromatic Wavelength Dispersive X-Ray Fluorescence Spectrometry. 27-58 ASTM D 5191 Standard Test Method For Vapor Pressure of Petroleum Products (Mini Method).

    Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to [email protected] Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. http://www.cbp.gov/about/labs-scientific/commercial-gaugers-and-laboratories

    Dated: March 9, 2015. Ira S. Reese, Executive Director, Laboratories and Scientific Services Directorate.
    [FR Doc. 2015-06218 Filed 3-16-15; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NRNHL-17712;PPWOCRADI0, PCU00RP14.R50000] National Register of Historic Places; Notification of Pending Nominations and Related Actions

    Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before February 14, 2015. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation. Comments may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St. NW., MS 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St. NW., 8th floor, Washington, DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by April 1, 2015. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Dated: February 25, 2015. J. Paul Loether, Chief, National Register of Historic Places, National Historic Landmarks Program. COLORADO Las Animas County Foster House Stage Station and Hotel Site, Address Restricted, Aguilar, 15000110 CONNECTICUT Fairfield County Sturges—Wright House, 93 Cross Hwy., Westport, 15000111 Hartford County Parkville Historic District, Roughly bounded by I-84, Park Hwy., Francis Ct., New Park & Sisson Aves., Hartford, 15000112 New Haven County Crawford, George W., House, 84-96 Park St., New Haven, 15000113 DISTRICT OF COLUMBIA District of Columbia Bruce, Blanche Kelso, Elementary School, (Public School Buildings of Washington, DC MPS) 770 Kenyon St. NW., Washington, 15000114 Wilson, James Ormand, Normal School, (Public School Buildings of Washington, DC MPS) 1100 Harvard St. NW., Washington, 15000115 TENNESSEE Franklin County Sewanee Fire Lookout Tower, (Tennessee Division of Forestry Fire Lookout Towers MPS) 310 Fire Tower Rd., Sewanee, 15000116 Knox County Winstead Cottage and Bethel Confederate Cemetery, 1917 Bethel Ave., Knoxville, 15000117 Tipton County Price, Dr. Thomas H., House, 620 N. Main St., Covington, 15000118

    A request for removal has been received for the following resources:

    LOUISIANA Avoyelles Parish Lacour's Fish and Ice Company Building, LA 1, Simmesport, 83000488 Orleans Parish Canal Station, 2819 Canal St., New Orleans, 92001873 Ouachita Parish St. James United Methodist Church, 916 Adams St., Monroe, 92001519 Rapides Parish Rapides Lumber Company Sawmill Manager's House, Jct. of US 165 and Castor Plunge Rd., Woodworth, 90001753 Tangipahoa Parish Loranger Methodist Church, Allman Ave. and Magnolia Blvd., Loranger, 82000464 Terrebonne Parish St. Matthew's Episcopal Church, 243 Barrow St., Houma, 89000331 West Baton Rouge Parish Cohn High School, 805 N 14th St., Port Allen, 04000638
    [FR Doc. 2015-06030 Filed 3-16-15; 8:45 am] BILLING CODE 4312-51-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCO956000 L14400000.BJ0000] Notice of Filing of Plats of Survey; Colorado AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of Filing of Plats of Survey; Colorado

    SUMMARY:

    The Bureau of Land Management (BLM) Colorado State Office is publishing this notice to inform the public of the official filing of the survey plat listed below. The plat will be available for viewing at http://www.glorecords.blm.gov.

    DATES:

    The plat described in this notice was filed on February 27, 2015.

    ADDRESSES:

    BLM Colorado State Office, Cadastral Survey, 2850 Youngfield Street, Lakewood, CO 80215-7093.

    FOR FURTHER INFORMATION CONTACT:

    Randy Bloom, Chief Cadastral Surveyor for Colorado, (303) 239-3856.

    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, seven days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    The supplemental plat in Township 42 North, Range 9 West, New Mexico Principal Meridian, Colorado, was accepted on February 27, 2015, and filed on February 27, 2015.

    Randy Bloom, Chief Cadastral Surveyor for Colorado.
    [FR Doc. 2015-06100 Filed 3-16-15; 8:45 am] BILLING CODE 4310-JB-P
    DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement [S1D1S SS08011000 SX066A000 67F 134S180110; S2D2S SS08011000 SX066A00 33F 13xs501520] Notice of Proposed Information Collection; Request for Comments for 1029-0025 AGENCY:

    Office of Surface Mining Reclamation and Enforcement, Interior.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request renewed approval for the collection of information regarding the maintenance of State programs, and procedures for substituting Federal enforcement of State programs and withdrawing approval of State programs.

    DATES:

    Comments on the proposed information collection activity must be received by May 18, 2015, to be assured of consideration.

    ADDRESSES:

    Submit comments to John Trelease, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Ave. NW., Room 203-SIB, Washington, DC 20240. Comments may also be submitted electronically to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    To receive a copy of the information collection request contact John Trelease, at (202) 208-2783 or via email at [email protected]

    SUPPLEMENTARY INFORMATION:

    The Office of Management and Budget (OMB) regulations at 5 CFR part 1320, which implement provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), require that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities [see 5 CFR 1320.8 (d)]. This notice identifies an information collection that OSMRE will be submitting to OMB for approval. This collection is contained in 30 CFR part 733—Maintenance of State Programs and Procedures for Substituting Federal Enforcement of State Programs and Withdrawing Approval of State Programs. OSMRE will request a 3-year term of approval for each information collection activity. Responses are required to obtain a benefit.

    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.

    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 OSMRE's submission of the information collection request to OMB.

    This notice provides the public with 60 days in which to comment on the following information collection activity:

    Title: 30 CFR part 733—Maintenance of State Programs and Procedures for Substituting Federal Enforcement of State Programs and Withdrawing Approval of State Programs.

    OMB Control Number: 1029-0025.

    Summary: This Part allows any interested person to request the Director of OSMRE evaluate a State program by setting forth in the request a concise statement of facts that the person believes establishes the need for the evaluation.

    Bureau Form Number: None.

    Frequency of Collection: Once.

    Description of Respondents: Any interested person (individuals, businesses, institutions, organizations).

    Total Annual Responses: 1.

    Total Annual Burden Hours: 60.

    Dated: March 10, 2015. Harry J. Payne, Chief, Division of Regulatory Support.
    [FR Doc. 2015-06096 Filed 3-16-15; 8:45 am] BILLING CODE 4310-05-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-HQ-FAC-2015-N005; FXFR13360900000-FF09F14000-156] National Control and Management Plan for Members of the Snakehead Family (Channidae) AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of availability; request for comments.

    SUMMARY:

    The U.S. Fish and Wildlife Service (USFWS), announces the availability of a draft document for public review: National Control and Management Plan for Members of the Snakehead Family (Channidae) (Plan). The goal of the Plan is to use the best available science and management practices to prevent the introduction of snakehead into new areas, contain and where possible eradicate newly established and localized populations, and minimize impacts in areas where they are established and eradication is not feasible.

    DATES:

    To ensure consideration, please send your written comments by April 16, 2015.

    ADDRESSES:

    Obtaining Documents: The draft document may be obtained online, by mail, or by email:

    http://anstaskforce.gov/documents.php;

    U.S. mail: U.S. Fish and Wildlife Service, Branch of Aquatic Invasive Species, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: FAC, Falls Church, VA 22041; or

    Email: [email protected]

    Submitting Comments: Please submit your comments in writing by one of the following methods:

    U.S. mail: U.S. Fish and Wildlife Service, Branch of Aquatic Invasive Species, 5275 Leesburg Pike, MS: FAC, Falls Church, VA 22041; or

    Email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Laura Norcutt, 703-358-2398.

    SUPPLEMENTARY INFORMATION: Background

    Through provisions in title 50, part 16 of the Code of Federal Regulations (CFR), the USFWS regulates the importation and interstate transport of certain aquatic species that have been determined to be injurious (50 CFR 16.13). The Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.) established the Aquatic Nuisance Species Task Force (ANSTF), an intergovernmental organization co-chaired by the USFWS and the National Oceanic and Atmospheric Administration and dedicated to prevent and control the spread of aquatic nuisance species.

    The 108th Congress requested that the USFWS address concerns about the introduction of northern snakehead. In response, the USFWS assembled a Northern Snakehead Working Group (NSWG) to provide input on the development of a Northern Snakehead Control and Management Plan. This Plan to guide the USFWS and other interested parties in managing and controlling existing populations, and preventing the spread and introduction of this species into additional areas of the United States, was completed in 2005 with the input of the NSWG and other northern snakehead experts. In 2011, the Mississippi River Basin Panel on Aquatic Nuisance Species requested that the ANSTF update the 2005 Plan to include additional snakehead species that are, or have the potential to become, invasive in U.S. waters.

    Development of the Draft Plan

    In 2011 the ANSTF established a committee to revise the Northern Snakehead Control and Management Plan to include all snakehead species to correspond with the Lacey Act. The committee was made up of 29 committee members representing Federal and State agencies, nongovernmental organizations, and university experts. The ANSTF was provided an opportunity to review the draft document and comment in November 2013 and March 2014. ANSTF comments were addressed in this new version of the draft Plan.

    The goal of the revised Plan is to use the best available science and management practices to prevent the future introduction of snakehead into new areas; contain and, where possible, eradicate newly established and localized populations; and minimize impacts in areas where they are established and eradication is not feasible. The following is a list of objectives set forth by this plan:

    1. Prevent importation into the United States by refining regulations and improving compliance and enforcement.

    2. Contain the expansion of snakehead within the United States by assessing the risk of establishment and developing an effective snakehead surveillance program that can detect new introductions at a stage where populations are able to be eradicated.

    3. Develop long-term adaptive management options to mitigate potential impacts of Snakehead in U.S. waters where eradication is not possible.

    4. Conduct research to better understand the pathways of spread and potential impacts of snakehead on aquatic ecosystems, as well as to develop more effective surveillance, control, and eradication methods.

    5. Develop effective outreach materials to help prevent new introductions of snakehead within the United States and control the anthropogenic spread of established populations.

    6. Review and assess progress of the Plan.

    Request for Public Comments

    The draft Plan is available on the ANSTF Web site (see ADDRESSES) for public review and comment.

    We request review and comment on our Plan from local, State, and Federal agencies and the public. All comments received by the date specified in DATES will be considered in preparing final documents. Methods of submitting comments are in ADDRESSES.

    Public Availability of Comments

    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. You can ask the USFWS in your comment to withhold your personal identifying information from public review; however, we cannot guarantee that we will be able to do so.

    Responses to individual commenters will not be provided, but we will provide the comments we receive and a summary of how we addressed substantive comments in a document on the ANSTF Web site listed above in ADDRESSES. Individuals without internet access may request an appointment to inspect the comments during normal business hours at our office (see ADDRESSES).

    Dated: February 5, 2015. David Hoskins, Co-Chair, Aquatic Nuisance Species Task Force, Assistant Director for Fish and Aquatic Conservation.
    [FR Doc. 2015-06024 Filed 3-16-15; 8:45 am] BILLING CODE 4310-55-P
    DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement [S1D1S SS08011000 SX066A000 67F 134S180110; S2D2S SS08011000 SX066A00 33F 13xs501520] Notice of Proposed Information Collection; Request for Comments for 1029-0111 AGENCY:

    Office of Surface Mining Reclamation and Enforcement, Interior.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request renewed approval for the collection of information for Areas Designated by Act of Congress. The information collection request describes the nature of the information collection and the expected burden and costs. This information collection activity was previously approved by the Office of Management and Budget (OMB), and assigned clearance number 1029-0111.

    DATES:

    Comments on the proposed information collection activities must be received by May 18, 2015, to be assured of consideration.

    ADDRESSES:

    Submit comments to John Trelease, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Ave. NW., Room 203—SIB, Washington, DC 20240. Comments may also be submitted electronically to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    To receive a copy of the information collection request contact John Trelease at (202) 208-2783 or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    OMB regulations at 5 CFR 1320, which implement provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), require that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities [see 5 CFR 1320.8 (d)]. This notice identifies an information collection that OSMRE will be submitting to OMB for approval. This collection is contained in 30 CFR 761—Areas Designated by Act of Congress. OSMRE will request a 3-year term of approval for each information collection activity. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control number for Part 761 is 1029-0111. Responses are required to obtain a benefit for this collection.

    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 OSMRE's submission of the information collection request 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.

    This notice provides the public with 60 days in which to comment on the following information collection activity:

    Title: 30 CFR 761—Areas Designated by Act of Congress.

    OMB Control Number: 1029-0111.

    Summary: OSMRE and state regulatory authorities use the information collected for 30 CFR 761 to ensure that persons planning to conduct surface coal mining operations on the lands protected by § 522(e) of the Surface Mining Control and Reclamation Act of 1977 have the right to do so under one of the exemptions or waivers provided by this section of the Act.

    Bureau Form Number: None.

    Frequency of Collection: Once.

    Description of Respondents: Applicants for certain surface coal mine permits and state regulatory authorities.

    Total Annual Respondents: 23 coal mining applicants and 24 state regulatory authorities.

    Total Annual Burden Hours: 267.

    Total Annual Non-Wage Costs: $1,020.

    Dated: March 10, 2015. Harry J. Payne, Chief, Division of Regulatory Support.
    [FR Doc. 2015-06047 Filed 3-16-15; 8:45 am] BILLING CODE 4310-05-P
    DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement [S1D1S SS08011000 SX066A000 67F 134S180110; S2D2S SS08011000 SX066A00 33F 13xs501520] Notice of Proposed Information Collection; Request for Comments for 1029-0061 AGENCY:

    Office of Surface Mining Reclamation and Enforcement, Interior.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request approval to continue the collection of information for the Permanent Regulatory Program—Small Operator Assistance Program (SOAP). This information collection activity was previously approved by the Office of Management and Budget (OMB), and assigned clearance number 1029-0061.

    DATES:

    Comments on the proposed information collection activity must be received by May 18, 2015, to be assured of consideration.

    ADDRESSES:

    Submit comments to John Trelease, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Ave. NW., Room 203-SIB, Washington, DC 20240. Comments may also be submitted electronically to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    To receive a copy of the information collection request contact John Trelease, at (202) 208-2783 or via email at [email protected]

    SUPPLEMENTARY INFORMATION:

    OMB regulations at 5 CFR 1320, which implement provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), require that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities [see 5 CFR 1320.8 (d)]. This notice identifies an information collection that OSMRE will be submitting to OMB for renewed approval. This collection is contained in 30 CFR part 795—Permanent Regulatory Program—Small Operator Assistance Program. OSMRE will request a 3-year term of approval for this information collection activity.

    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 OSMRE's submission of the information collection request 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.

    This notice provides the public with 60 days in which to comment on the following information collection activity:

    Title: 30 CFR part 795—Permanent Regulatory Program—Small Operator Assistance Program.

    OMB Control Number: 1029-0061.

    Summary: This information collection requirement is needed to provide assistance to qualified small mine operators under section 507(c) of P.L. 95-87. The information requested will provide the regulatory authority with data to determine the eligibility of the applicant and the capability and expertise of laboratories to perform required tasks.

    Bureau Form Number: FS-6.

    Frequency of Collection: Once per application.

    Description of Respondents: Small operators, laboratories, and State regulatory authorities.

    Total Annual Responses: 4.

    Total Annual Burden Hours: 93 hours.

    Dated: March 10, 2015. Harry J. Payne, Chief, Division of Regulatory Support.
    [FR Doc. 2015-06051 Filed 3-16-15; 8:45 am] BILLING CODE 4310-05-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NRNHL-17784; PPWOCRADI0, PCU00RP14.R50000] National Register of Historic Places; Notification of Pending Nominations and Related Actions

    Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before February 21, 2015. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation. Comments may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St. NW., MS 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St. NW., 8th floor, Washington, DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by April 1, 2015. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Dated: February 27, 2015. James Gabbert, Acting Chief, National Register of Historic Places, National Historic Landmarks Program. CALIFORNIA Contra Costa County Borland Home, (Martinez, California MPS) 1005 Escobar St., Martinez, 15000120 Los Angeles County Intercultural Council Houses, (Latinos in 20th Century California MPS) Bounded by Blanchard Pl., Claremont Blvd., E. 1st & Brooks Sts., Claremont, 15000121 Napa County Juarez, Cayetano, Adobe, 376 Soscol Ave., Napa, 15000122 Weinberger, J.C., Winery, 2849 St. Helena Hwy., St. Helena, 15000124 Orange County Killefer, Lydia D., School, (Latinos in 20th Century California MPS), 541 N. Lemon St., Orange, 15000123 COLORADO Denver County Macedonia Baptist Church, 3240 Adams St., Denver, 15000125 Eagle County Upper Brush Creek School, (Rural School Buildings in Colorado MPS), Between Coulter Meadow & W. Brush Cr. Rds., Eagle, 15000126 FLORIDA Leon County Taylor House, 442 W. Georgia St., Tallahassee, 15000127 HAWAII Honolulu County Moili'ili Japanese Cemetery, 2624 Kapiolani Blvd., Honolulu, 15000128 MISSISSIPPI Adams County Natchez On-Top-of-the-Hill Historic District (Boundary Increase), 1 & 3 E. Franklin St., Natchez, 15000129 RHODE ISLAND Providence County Cutler, Susan S. & Edward J., House, 12 Woodbine St., Providence, 15000138 UTAH Davis County Hill, Joseph, Family Cabin, 2133 W. 1000 South, Layton, 15000130 Salt Lake County Amundsen, Dyre & Maria, House, 307 W. Winchester St., Murray City, 15000131 Twenty-Ninth Ward LDS Meetinghouse, 1102 W. 400 North, Salt Lake City, 15000132 Western Macaroni Manufacturing Company Factory, 244 S. 500 West, Salt Lake City, 15000133 Weber County Weber River Railroad Bridge, 1/2 mi. W. of Union Station along Exchange Rd.,Ogden, 15000134 VIRGINIA Bath County Camp Alkulana Historic District, 111 Alkulana Camp Rd., Millboro Springs, 15000135 Camp Mont Shenandoah Historic District, 218 Mont Shenandoah Ln., Millboro Springs, 15000136 WISCONSIN Fond Du Lac County Independent Order of Odd Fellows Lodge No. 89, 203 W. Division St., Rosendale, 15000137

    A request for removal has been made for the following resources:

    ARIZONA Maricopa County Arizona Citrus Growers Association Warehouse, (Phoenix Commercial MRA) 601 E. Jackson, Phoenix, 85002043 Campbell, Clinton, House, (Nineteenth-Century Residential Buildings in Phoenix MPS), 361 N. 4th Ave., Phoenix, 94001526 Cisney, George E., House, (Nineteenth-Century Residential Buildings in Phoenix MPS), 916 E. McKinley St., Phoenix, 94001528 Concrete Block House, (Roosevelt Neighborhood MRA) 618-620 N. 4th Ave., Phoenix, 83003457 Higuera Grocery, (Phoenix Commercial MRA) 923 S. Second Ave., Phoenix, 85002893 Hotel St. James, (Phoenix Commercial MRA) 21 E. Madison, Phoenix, 85002061 Lightning Delivery Co. Warehouse, (Phoenix Commercial MRA) 425 E. Jackson, Phoenix, 85002064 Overland Arizona Co., (Phoenix Commercial MRA) 12 N. Fourth Ave., Phoenix, 85002896 Stillwell, Judge W. H., House, (Nineteenth-Century Residential Buildings in Phoenix MPS) 2039 W. Monroe St., Phoenix, 94001537
    [FR Doc. 2015-06025 Filed 3-16-15; 8:45 am] BILLING CODE 4312-51-P
    DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement [S1D1S SS08011000 SX066A000 67F 134S180110; S2D2S SS08011000 SX066A00 33F 13xs501520] Notice of Proposed Information Collection; Request for Comments for 1029-0103 AGENCY:

    Office of Surface Mining Reclamation and Enforcement, Interior.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining (OSMRE) is announcing its intention to renew its authority for the collection of information for Noncoal Reclamation. The information collection request describes the nature of the information collection and the expected burden and costs. This information collection activity was previously approved by the Office of Management and Budget (OMB) and assigned control number 1029-0103.

    DATES:

    Comments on the proposed information collection must be received by May 18, 2015, to be assured of consideration.

    ADDRESSES:

    Submit comments to John Trelease, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Ave. NW., Room 203-SIB, Washington, DC 20240. Comments may also be submitted electronically to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    To receive a copy of the information collection request contact John Trelease, at (202) 208-2783 or via email at [email protected]

    SUPPLEMENTARY INFORMATION:

    OMB regulations at 5 CFR 1320, which implement provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), require that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities [see 5 CFR 1320.8 (d)]. This notice identifies an information collection activity that OSMRE will submit to OMB for extension. This collection is contained in 30 CFR part 875-Noncoal Reclamation. OSMRE will request a 3-year term of approval for each information collection activity. Responses are required to obtain a benefit.

    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 OSMRE's submission of the information collection request 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.

    This notice provides the public with 60 days in which to comment on the following information collection activity:

    Title: 30 CFR part 875—Noncoal Reclamation.

    OMB Control Number: 1029-0103.

    Summary: This Part establishes procedures and requirements for States and Indian tribes to conduct noncoal reclamation under abandoned mine land funding. The information is needed to assure compliance with the Surface Mining Control and Reclamation Act of 1977.

    Frequency of Collection: Once.

    Description of Respondents: State governments and Indian Tribes.

    Total Annual Responses: 1.

    Total Annual Burden Hours: 84.

    Dated: March 10, 2015. Harry J. Payne, Chief, Division of Regulatory Support.
    [FR Doc. 2015-06048 Filed 3-16-15; 8:45 am] BILLING CODE 4310-05-P
    INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-531-533 and 731-TA-1270-1273 (Preliminary)] Certain Polyethyelene Terephthalate Resin From Canada, China, India, and Oman; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations AGENCY:

    United States International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission hereby gives notice of the institution and commencement of preliminary phase antidumping and countervailing duty investigations Nos. 701-TA-531-533 and 731-TA-1270-1273 (Preliminary) under sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports from Canada, China, India, and Oman of Certain polyethylene terephthalate resin, provided for in subheading 3907.60.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Governments of China, India, and Oman are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce extends the time for initiation pursuant to sections 702(c)(1)(B) or 732(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by Friday, April 24, 2015. The Commission's views must be transmitted to Commerce within five business days thereafter, or by Friday, May 1, 2015.

    For further information concerning the conduct of these investigations and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207).

    DATES:

    Effective Date: Tuesday, March 10, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Michael Haberstroh (202) 205-3390), 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:

    Background. These investigations are being instituted in response to a petition filed on Tuesday, March 10, 2015, by DAK Americas, LLC (Charlotte, NC); M&G Chemicals (Houston, TX); and Nan Ya Plastics Corporation, America (Lake City, SC).

    Participation in the investigations and public service list. Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission's rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping duty and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance.

    Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list. Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO.

    Conference. The Commission's Director of Investigations has scheduled a conference in connection with these investigations for 9:30 a.m. on Tuesday, March 31, 2015, at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC. Requests to appear at the conference should be emailed to [email protected] and [email protected] (do not file on EDIS) on or before Friday, March 27, 2015. Parties in support of the imposition of countervailing and antidumping duties in these investigations and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the conference.

    Written submissions. As provided in sections 201.8 and 207.15 of the Commission's rules, any person may submit to the Commission on or before Friday, April 3, 2015, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference no later than three days before the conference. If briefs or written testimony contain BPI, they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. Please consult the Commission's rules, as amended, 76 FR 61937 (Oct. 6, 2011) and the Commission's Handbook on Filing Procedures, 76 FR 62092 (Oct. 6, 2011), available on the Commission's Web site at http://edis.usitc.gov.

    In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.

    Authority:

    These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission's rules.

    Issued: March 11, 2015.

    By order of the Commission.

    Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2015-05963 Filed 3-16-15; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-528-529 and 731-TA-1264-1268 (Preliminary)] Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal Determinations

    On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (“Commission”) determines, pursuant to sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)) (“the Act”), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports from Australia, Brazil, China, Indonesia, and Portugal of certain uncoated paper, provided for in subheadings 4802.56 and 4802.57 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (“LTFV”), and that are allegedly subsidized by the governments of China and Indonesia.

    1 The record is defined in sec. 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).

    Commencement of Final Phase Investigations

    Pursuant to section 207.18 of the Commission's rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission's rules, upon notice from the Department of Commerce (“Commerce”) of affirmative preliminary determinations in the investigations under sections 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations, have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations.

    Background

    On January 21, 2015, a petition was filed with the Commission and Commerce by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Pittsburg, PA; Domtar Corporation, Ft. Mill, SC; Finch Paper LLC, Glen Falls, NY; P.H. Glatfelter Company, York, PA; and Packaging Corporation of America, Lake Forest, IL, alleging that an industry in the United States is materially injured or threatened with material injury by reason of LTFV and subsidized imports of certain uncoated paper from China and Indonesia and LTFV imports of certain uncoated paper from Australia, Brazil, and Portugal. Accordingly, effective January 21, 2015, the Commission instituted countervailing duty investigation Nos. 701-TA-528-529 and antidumping duty investigation Nos. 731-TA-1264-1268 (Preliminary).

    Notice of the institution of the Commission's investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of January 27, 2015 (80 FR 4311). The conference was held in Washington, DC, on February 11, 2015, and all persons who requested the opportunity were permitted to appear in person or by counsel.

    The Commission transmitted its determinations in these investigations to the Secretary of Commerce on March 11, 2015. The views of the Commission are contained in USITC Publication 4522 (March 2015), entitled Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal (Investigation Nos. 701-TA-528-529 and 731-TA-1264-1268 (Preliminary).

    By order of the Commission.

    Issued: March 12, 2015. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2015-06043 Filed 3-16-15; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Protective Cases for Electronic Devices and Components Thereof, DN 3064; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).

    FOR FURTHER INFORMATION CONTACT:

    Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at EDIS,1 and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000.

    1 Electronic Document Information System (EDIS): http://edis.usitc.gov.

    General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission (USITC) at USITC.2 The public record for this investigation may be viewed on the Commission's Electronic Document Information System (EDIS) at EDIS.3 Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.

    2 United States International Trade Commission (USITC): http://edis.usitc.gov.

    3 Electronic Document Information System (EDIS): http://edis.usitc.gov.

    SUPPLEMENTARY INFORMATION:

    The Commission has received a complaint and a submission pursuant to section 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of Otter Products, LLC on March 11, 2015. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain protective cases for electronic devices and components thereof. The complaint names as respondents Speculative Product Design, LLC of San Mateo, CA; and Tech21 UK Limited of the United Kingdom. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders, and a bond upon respondents' alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. § 1337(j).

    Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or section 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers.

    In particular, the Commission is interested in comments that:

    (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States;

    (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders;

    (iii) identify like or directly competitive articles that complainant, its licensees, or third parties mak