Federal Register Vol. 80, No.64,

Federal Register Volume 80, Issue 64 (April 3, 2015)

Page Range18083-18304
FR Document

80_FR_64
Current View
Page and SubjectPDF
80 FR 18303 - National Financial Capability Month, 2015PDF
80 FR 18299 - National Child Abuse Prevention Month, 2015PDF
80 FR 18226 - Environmental Impact Statements; Notice of AvailabilityPDF
80 FR 18259 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Bureau of Labor Statistics Occupational Safety and Health Statistics Cooperative Agreement Application PackagePDF
80 FR 18233 - National Environmental Justice Advisory Council; Notification of Public Teleconference Meeting and Public CommentPDF
80 FR 18177 - Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan RequirementsPDF
80 FR 18200 - Commerce Data Advisory Council MeetingPDF
80 FR 18099 - Revision of Department's Freedom of Information Act RegulationsPDF
80 FR 18200 - Steel Threaded Rod From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Scope Ruling on Antidumping Duty Order and Notice of Amended Final Results of Scope Ruling on Antidumping Duty OrderPDF
80 FR 18234 - Sunshine Act NoticePDF
80 FR 18159 - Federal Employees' Retirement System; Present Value Conversion Factors for Spouses of Deceased Separated EmployeesPDF
80 FR 18168 - Federal Contract Tower Safety Action Program (SAFER-FCT and Air Traffic Safety Action Program for Engineers & Architects, Staff Support Specialists, Aviation Technical System Specialists (Series 2186) and Flight Procedures Team (ATSAP-X)PDF
80 FR 18197 - Approval of Subzone Status; MAT Industries, LLC; Springfield, MinnesotaPDF
80 FR 18248 - Advance Notice of Digital Opportunity DemonstrationPDF
80 FR 18196 - Foreign-Trade Zone (FTZ) 127-West Columbia, South Carolina; Notification of Proposed Production Activity; Isola USA Corporation (Dielectric Prepreg and Copper-Clad Laminate); Ridgeway, South CarolinaPDF
80 FR 18197 - Export Trade Certificate of ReviewPDF
80 FR 18217 - Agency Information Collection Activities: Comment RequestPDF
80 FR 18202 - Initiation of Antidumping and Countervailing Duty Administrative ReviewsPDF
80 FR 18283 - Notice of Funding Availability for the Department of Transportation's National Infrastructure Investments Under the Consolidated and Further Continuing Appropriations Act, 2015PDF
80 FR 18262 - In the Matter of Municipal Electric Authority of Georgia (Vogtle Electric Generating Plant, Units 3 & 4); Order Extending the Date by Which the Direct Transfer of Licenses Is To Be CompletedPDF
80 FR 18261 - Missiles Generated by Extreme WindsPDF
80 FR 18234 - Federal Open Market Committee; Domestic Policy Directive of January 27-28, 2015PDF
80 FR 18219 - Office of Economic Adjustment; Announcement of Federal Funding Opportunity (FFO)PDF
80 FR 18167 - Energy Conservation Program for Consumer Products: Energy Conservation Standards for Residential Water HeatersPDF
80 FR 18253 - Agency Information Collection Activities: Request for CommentsPDF
80 FR 18263 - Privacy Act of 1974; Republication of Systems of Records Notices; CorrectionPDF
80 FR 18223 - Proposed Collection; Comment RequestPDF
80 FR 18146 - Civil Penalties Inflation AdjustmentsPDF
80 FR 18195 - Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR); Public MeetingPDF
80 FR 18274 - 60-Day Notice of Proposed Information Collection: Department of State Acquisition Regulation (DOSAR)PDF
80 FR 18273 - Notice of Applications for Deregistration Under Section 8(f) of the Investment Company Act of 1940PDF
80 FR 18272 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting an Extension to Limited Exemption From Rule 612(c) of Regulation NMS In Connection With the Exchange's Retail Liquidity Program Until September 30, 2015PDF
80 FR 18275 - 60-Day Notice of Proposed Information Collection; Electronic Choice of Address and AgentPDF
80 FR 18265 - Federal Employees' Retirement System; Present Value FactorsPDF
80 FR 18275 - Culturally Significant Objects Imported for Exhibition Determinations: “Byzantium to Russia, the Origins and Development of Russian Icons 1200 to 1900” ExhibitionPDF
80 FR 18274 - Culturally Significant Objects Imported for Exhibition Determinations: “1700s Beadwork of Southeastern Tribes” ExhibitionPDF
80 FR 18226 - Combined Notice of Filings #1PDF
80 FR 18224 - Combined Notice of Filings #2PDF
80 FR 18225 - Combined Notice of Filings #1PDF
80 FR 18215 - Procurement List; Addition and DeletionsPDF
80 FR 18216 - Procurement List; Proposed AdditionsPDF
80 FR 18192 - New England Fishery Management Council (NEFMC); Public MeetingPDF
80 FR 18191 - Caribbean Fishery Management Council; Public MeetingPDF
80 FR 18260 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Labor Standards for the Registration of Apprenticeship ProgramsPDF
80 FR 18117 - Update to Product ListsPDF
80 FR 18268 - New Postal ProductPDF
80 FR 18263 - Civil Service Retirement System; Present Value FactorsPDF
80 FR 18293 - Agency Information Collection Activities; Extension of a Currently-Approved Information Collection Request: Application for Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private CarriersPDF
80 FR 18278 - Agency Information Collection Activities; Revision of a Currently-Approved Information Collection: Licensing Applications for Motor Carrier Operating AuthorityPDF
80 FR 18240 - Agency Information Collection Activities: Proposed Collection: Public Comment RequestPDF
80 FR 18268 - Product Change-Priority Mail Negotiated Service AgreementPDF
80 FR 18238 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
80 FR 18295 - Agency Information Collection Activities; New Information Collection Request: Electronic Logging Device (ELD) RegistrationPDF
80 FR 18276 - Public HearingPDF
80 FR 18268 - Product Change-Parcel Select Negotiated Service AgreementPDF
80 FR 18256 - Agency Information Collection Activities; Proposed eCollection, eComments Requested; Extension Without Change of a Previously Approved Collection; Reports of Regulated Transactions Involving Extraordinary Quantities, Uncommon Methods of Payment, and Unusual/Excessive Loss or Disappearance, and Regulated Transactions in Tableting/Encapsulating MachinesPDF
80 FR 18258 - Agency Information Collection Activities; Proposed eCollection, eComments Requested; Extension Without Change of a Previously Approved Collection Application for Registration and Application for Registration Renewal (DEA Forms 363 and 363a)PDF
80 FR 18257 - Agency Information Collection Activities; Proposed eCollection, eComments Requested; Extension Without Change of a Previously Approved Collection Application for Registration, Application for Registration Renewal, Affidavit for Chain Renewal (DEA Forms 225, 225a and 225b)PDF
80 FR 18235 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
80 FR 18277 - Meeting of the Regional Energy Resource Council and Public Session With the TVA BoardPDF
80 FR 18269 - Product Change-Priority Mail Express, Priority Mail, & First-Class Package Service Negotiated Service AgreementPDF
80 FR 18218 - Regulatory Flexibility Act Section 610 Review of the Standard for the Flammability (Open Flame) of Mattress SetsPDF
80 FR 18266 - Submission for Review: Report of Withholdings and Contributions for Health Benefits, Life Insurance and Retirement (Standard Form 2812); Report of Withholdings and Contributions for Health Benefits By Enrollment Code (Standard Form 2812-A); Supplemental Semiannual Headcount Report (OPM Form 1523), 3206-0262PDF
80 FR 18281 - Notice and Request for CommentsPDF
80 FR 18292 - Petition for Waiver of Compliance and Notice of Public HearingPDF
80 FR 18235 - Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food EstablishmentsPDF
80 FR 18245 - Great Lakes Pilotage Advisory Committee; VacanciesPDF
80 FR 18188 - Newspapers Used for Publication of Legal Notices in the Southwestern Region, Which Includes Arizona, New Mexico, and Parts of Oklahoma and TexasPDF
80 FR 18190 - Agenda and Notice of Public Meeting of the Montana Advisory CommitteePDF
80 FR 18191 - Notice of Public Meeting of the Mississippi Advisory Committee To Discuss Agenda for the Public Meeting on Childcare Subsidy Policies in MississippiPDF
80 FR 18190 - Notice of Public Meeting of the Tennessee Advisory CommitteePDF
80 FR 18269 - Impact of the Select Agent and Toxin Regulations; CorrectionPDF
80 FR 18255 - Certain Wireless Standard Compliant Electronic Devices, Including Communication Devices and Tablet Computers; Institution of InvestigationPDF
80 FR 18254 - Certain Electronic Devices, Including Wireless Communication Devices, Computers, Tablet Computers, Digital Media Players, and Cameras; Institution of InvestigationPDF
80 FR 18232 - Spatial Aquatic Model Development; Notice of Public MeetingPDF
80 FR 18244 - Clinical Laboratory Improvement Advisory CommitteePDF
80 FR 18254 - Saccharin From China; Notice of Commission Determination To Conduct a Portion of the Hearing in CameraPDF
80 FR 18239 - Residual Solvents in Animal Drug Products; Questions and Answers; Guidance for Industry; AvailabilityPDF
80 FR 18244 - Identifying Potential Biomarkers for Qualification and Describing Contexts of Use To Address Areas Important to Drug Development; Extension of Comment PeriodPDF
80 FR 18241 - Center for Scientific Review; Notice of Closed MeetingPDF
80 FR 18241 - National Institute of Neurological Disorders and Stroke; Notice of Closed MeetingPDF
80 FR 18141 - Extension of Tolerances for Emergency Exemptions (Multiple Chemicals)PDF
80 FR 18269 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Equities Schedule of Fees and Charges for Exchange Services To Change the ETP FeePDF
80 FR 18270 - Self-Regulatory Organizations; Proposed Rule Chanages; NYSE Arca, Inc.PDF
80 FR 18282 - Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal SystemPDF
80 FR 18282 - Petition for Waiver of CompliancePDF
80 FR 18267 - New Postal ProductPDF
80 FR 18177 - Information and Communication Technology (ICT) Standards and GuidelinesPDF
80 FR 18294 - BMW of North America, LLC, Receipt of Petition for Decision of Inconsequential NoncompliancePDF
80 FR 18279 - Decision That Nonconforming 2012 McLaren MP4-12C Passenger Cars Are Eligible for ImportationPDF
80 FR 18242 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
80 FR 18235 - Request for Nominations for Individuals and Consumer Organizations for Advisory CommitteesPDF
80 FR 18283 - Special Notice; CorrectionPDF
80 FR 18188 - Meeting Notice of the National Agricultural Research, Extension, Education, and Economics Advisory BoardPDF
80 FR 18172 - Multiemployer Plans; Electronic Filing RequirementsPDF
80 FR 18144 - Private Land Mobile Radio ServicesPDF
80 FR 18095 - Federal Housing Administration (FHA): Removal of Section 235 Home Ownership Program RegulationsPDF
80 FR 18232 - Exposure Modeling Public Meeting; Notice of Public MeetingPDF
80 FR 18198 - National Cybersecurity Center of Excellence Access Rights Management Use Case for the Financial Services SectorPDF
80 FR 18250 - Notice of Intent To Prepare an Environmental Impact Statement for the Proposed East Smoky Panel Mine Project at Smoky Canyon Mine, Caribou County, IDPDF
80 FR 18196 - Submission for OMB Review; Comment RequestPDF
80 FR 18198 - Submission for OMB Review; Comment RequestPDF
80 FR 18193 - Submission for OMB Review; Comment RequestPDF
80 FR 18227 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Final Authorization for Hazardous Waste Management Programs (Renewal)PDF
80 FR 18244 - Agency Information Collection Activities: Extension, With Change, of an Existing Information Collection; Comment RequestPDF
80 FR 18194 - In the Matter of: Yavuz Cizmeci, Yesiloy Cad. No. 13, Istanbul 34153, Turkey, Respondent; Order Relating to Yavuz CizmeciPDF
80 FR 18223 - Notice To Prepare an Environmental Assessment and Conduct a Public Meeting for Preparation of a Dredged Material Management Plan for Noyo Harbor, Fort Bragg, Mendocino County, CAPDF
80 FR 18116 - Technical CorrectionsPDF
80 FR 18184 - Designation of Areas for Air Quality Planning Purposes; California; San Joaquin Valley, South Coast Air Basin, Coachella Valley, and Sacramento Metro Ozone Nonattainment Areas; ReclassificationPDF
80 FR 18120 - Approval of Tribal Implementation Plan and Designation of Air Quality Planning Area; Pechanga Band of Luiseño Mission IndiansPDF
80 FR 18084 - IFR Altitudes; Miscellaneous AmendmentsPDF
80 FR 18175 - Anchorage Grounds; Lower Mississippi River Below Baton Rouge, LA, Including South and Southwest Passes; New Orleans, LAPDF
80 FR 18227 - Certain New Chemicals; Receipt and Status InformationPDF
80 FR 18083 - Airworthiness Directives; Rolls-Royce plc Turbofan EnginesPDF
80 FR 18179 - Approval and Promulgation of Implementation Plans; State of Iowa; 2015 Iowa State Implementation Plan; Permit Modifications; Muscatine, IowaPDF
80 FR 18133 - Approval and Promulgation of Implementation Plans; State of Iowa; 2014 Iowa State Implementation Plan; Permit Modifications; Muscatine, IowaPDF
80 FR 18185 - Comment Sought on Defining Commencement of Operations in the 600 MHz BandPDF
80 FR 18179 - Regulation of Fuels and Fuel Additives: Cellulosic Waiver Credit Price and Minor Amendments to Renewable Fuel Standard RegulationsPDF
80 FR 18136 - Regulation of Fuels and Fuel Additives: Cellulosic Waiver Credit Price and Minor Amendments to Renewable Fuel Standard RegulationsPDF
80 FR 18144 - National Oil and Hazardous Substances Pollution Contingency Plan National Priorities ListPDF
80 FR 18253 - Meeting of the California Desert District Advisory CouncilPDF
80 FR 18171 - Allocation of Controlled Group Research CreditPDF
80 FR 18160 - Organization and Functions; Implementation of Statutory Gift Acceptance Authority; Freedom of Information ActPDF
80 FR 18096 - Allocation of Controlled Group Research CreditPDF
80 FR 18246 - Federal Property Suitable as Facilities To Assist the HomelessPDF
80 FR 18114 - Drawbridge Operation Regulation; Hoquiam River, Hoquiam, WAPDF
80 FR 18087 - Food and Drug Administration Regulations; Change of Addresses; Technical AmendmentPDF

Issue

80 64 Friday, April 3, 2015 Contents Agriculture Agriculture Department See

Forest Service

NOTICES Meetings: National Agricultural Research, Extension, Education, and Economics Advisory Board, 18188 2015-07603
Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Information and Communication Technology Standards and Guidelines, 18177 2015-07609 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18217 2015-07716 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18238-18239, 18242-18243 2015-07606 2015-07670 Meetings: Clinical Laboratory Improvement Advisory Committee, 18244 2015-07639 Civil Rights Civil Rights Commission NOTICES Meetings: Mississippi Advisory Committee, 18191 2015-07651 Montana Advisory Committee, 18190 2015-07652 Tennessee Advisory Committee, 18190-18191 2015-07650 Coast Guard Coast Guard RULES Drawbridge Operations: Hoquiam River, Hoquiam, WA, 18114-18116 2015-07317 PROPOSED RULES Anchorage Grounds: Lower Mississippi River below Baton Rouge, LA, including South and Southwest Passes; New Orleans, LA, 18175-18177 2015-07504 NOTICES Requests for Nominations: Great Lakes Pilotage Advisory Committee, 18245-18246 2015-07654 Commerce Commerce Department See

Economics and Statistics Administration

See

Foreign-Trade Zones Board

See

Industry and Security Bureau

See

International Trade Administration

See

National Institute of Standards and Technology

See

National Oceanic and Atmospheric Administration

Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 18215-18217 2015-07686 2015-07687 Consumer Product Consumer Product Safety Commission NOTICES Review of the Standard for the Flammability Open Flame of Mattress Sets, 18218-18219 2015-07659 Defense Department Defense Department See

Engineers Corps

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18223 2015-07702 Funding Opportunities: Office of Economic Adjustment, 18219-18223 2015-07707
Economics Statistics Economics and Statistics Administration NOTICES Meetings: Commerce Data Advisory Council, 18200 2015-07773 Energy Department Energy Department See

Federal Energy Regulatory Commission

PROPOSED RULES Energy Conservation Program for Consumer Products: Standards for Residential Water Heaters; Withdrawal, 18167-18168 2015-07706
Engineers Engineers Corps NOTICES Environmental Assessments; Availability, etc.: Preparation of a Dredged Material Management Plan for Noyo Harbor, Fort Bragg, Mendocino County, CA; Meeting, 18223-18224 2015-07559 Environmental Protection Environmental Protection Agency RULES Air Quality Implementation Plans; Approvals and Promulgations: Pechanga Band of Luiseno Mission Indians; Tribal Implementation Plan and Designation of Air Quality Planning Area, 18120-18133 2015-07534 Air Quality State Implementation Plans; Approvals and Promulgations: Iowa; Permit Modifications; Muscatine, Iowa, 18133-18136 2015-07488 Extension of Tolerances for Emergency Exemptions, 18141-18143 2015-07624 National Priorities List: National Oil and Hazardous Substances Pollution Contingency Plan, 18144 2015-07472 Regulation of Fuels and Fuel Additives: Cellulosic Waiver Credit Price and Minor Amendments to Renewable Fuel Standard Regulations, 18136-18141 2015-07476 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; San Joaquin Valley, South Coast Air Basin, Coachella Valley, and Sacramento Metro Ozone Nonattainment Areas; Reclassification, 18184-18185 2015-07535 Iowa; Permit Modifications; Muscatine, IA, 18179 2015-07489 Regulation of Fuels and Fuel Additives: Cellulosic Waiver Credit Price and Minor Amendments to Renewable Fuel Standard Regulations, 18179-18184 2015-07478 State Implementation Plan Requirements: Fine Particulate Matter National Ambient Air Quality Standards, 18177-18179 2015-07774 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18227 2015-07581 Certain New Chemicals; Receipt and Status Information, 18227-18232 2015-07495 Environmental Impact Statements; Availability, etc.; Weekly Receipts, 18226-18227 2015-07787 Meetings: Exposure Modeling, 18232-18233 2015-07596 National Environmental Justice Advisory Council; Teleconference, 18233-18234 2015-07776 Spatial Aquatic Model Development, 18232 2015-07645 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Rolls-Royce plc Turbofan Engines, 18083-18084 2015-07492 IFR Altitudes, 18084-18086 2015-07505 PROPOSED RULES Designation of Safety Information as Protected from Disclosure Federal Contract Tower Safety Action Program and Air Traffic Safety Action Program for Engineers & Architects, et al., 18168-18171 2015-07743 Federal Communications Federal Communications Commission RULES Private Land Mobile Radio Services, 18144-18146 2015-07600 PROPOSED RULES Defining Commencement of Operations in the 600 MHz Band, 18185-18187 2015-07486 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 18224-18226 2015-07688 2015-07689 2015-07690 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 18234 2015-07748 2015-07755 Federal Motor Federal Motor Carrier Safety Administration RULES Civil Penalties Inflation Adjustments, 18146-18158 2015-07701 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers, 18293-18294 2015-07676 Electronic Logging Device Registration, 18295-18298 2015-07669 Licensing Applications for Motor Carrier Operating Authority, 18278-18279 2015-07675 Federal Railroad Federal Railroad Administration NOTICES Approvals of Discontinuance; Applications: Modification of a Railroad Signal System, 18282 2015-07618 Petitions for Waivers of Compliance, 18282-18283 2015-07617 Petitions for Waivers of Compliance; Public Hearing, 18292-18293 2015-07656 Federal Reserve Federal Reserve System NOTICES Federal Open Market Committee Domestic Policy Directive, 18234-18235 2015-07708 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 18235 2015-07663 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals; Correction, 18283 2015-07604 Food and Drug Food and Drug Administration RULES Change of Addresses; Technical Amendment, 18087-18095 2015-07268 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments, 18235 2015-07655 Guidance: Residual Solvents in Animal Drug Products; Questions and Answers, 18239-18240 2015-07632 Identifying Potential Biomarkers for Qualification and Describing Contexts of Use to Address Areas Important to Drug Development, 18244 2015-07631 Requests for Nominations: Individuals and Consumer Organizations for Advisory Committees, 18235-18238 2015-07605 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Subzone Status: MAT Industries, LLC; Springfield, MN, 18197 2015-07724 Authorization of Production Activity: Isola USA Corp.; South Carolina, 18196 2015-07718 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Proposed East Smoky Panel Mine Project, Smoky Canyon Mine, Caribou County, ID, 18250-18253 2015-07587 Newspapers for Publication: Southwestern Region, 18188-18190 2015-07653 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18253 2015-07704 Government Ethics Government Ethics Office PROPOSED RULES Updating Amendments to Office of Government Ethics Organization and Functions Regulations; Updating Amendments to Implementation of Office of Government Ethics Statutory Gift Acceptance Authority; Proposed Amendments to Freedom of Information Act Regulations, 18160-18167 2015-07376 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Food and Drug Administration

See

Health Resources and Services Administration

See

National Institutes of Health

Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Shortage Designation Management System, 18240-18241 2015-07673 Homeland Homeland Security Department See

Coast Guard

See

U.S. Immigration and Customs Enforcement

Housing Housing and Urban Development Department RULES Federal Housing Administration: Removal of Section 235 Home Ownership Program Regulations, 18095-18096 2015-07597 NOTICES Digital Opportunity Demonstration, 18248-18250 2015-07719 Federal Property Suitable as Facilities to Assist the Homeless, 18246-18248 2015-07327 Industry Industry and Security Bureau NOTICES Orders: Yavuz Cizmeci, 18194-18195 2015-07566 Interior Interior Department See

Geological Survey

See

Land Management Bureau

Internal Revenue Internal Revenue Service RULES Allocation of Controlled Group Research Credit, 18096-18099 2015-07331 PROPOSED RULES Allocation of Controlled Group Research Credit, 18171-18172 2015-07380 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Frozen Warmwater Shrimp from India and Thailand, 18202-18215 2015-07712 Steel Threaded Rod from the People's Republic of China, 18200-18202 2015-07771 Export Trade Certificates of Review, 18197-18198 2015-07717 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Electronic Devices, Including Wireless Communication Devices, Computers, Tablet Computers, Digital Media Players, and Cameras, 18254-18255 2015-07646 Certain Wireless Standard Compliant Electronic Devices, Including Communication Devices and Tablet Computers, 18255-18256 2015-07647 Saccharin from China, 18254 2015-07633 Justice Department Justice Department RULES Freedom of Information Act Regulations; Revision, 18099-18114 2015-07772 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Registration and Registration Renewal, 18258-18259 2015-07665 Application for Registration and Registration Renewal, Affidavit for Chain Renewal, 18257-18258 2015-07664 Regulated Transactions Involving Extraordinary Quantities and in Tableting/Encapsulating Machines, Uncommon Methods of Payment and Unusual/Excessive Loss or Disappearance, 18256-18257 2015-07666 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bureau of Labor Statistics Occupational Safety and Health Statistics Cooperative Agreement Application Package, 18259-18260 2015-07781 Labor Standards for the Registration of Apprenticeship Programs, 18260-18261 2015-07681 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Proposed East Smoky Panel Mine Project, Smoky Canyon Mine, Caribou County, ID, 18250-18253 2015-07587 Meetings: California Desert District Advisory Council, 18253-18254 2015-07424 National Highway National Highway Traffic Safety Administration NOTICES Importation Eligibility; Petition Approvals: Nonconforming 2012 McLaren MP4-12C Passenger Cars, 18279-18281 2015-07607 Petitions for Decisions of Inconsequential Noncompliance: BMW of North America, LLC, 18294-18295 2015-07608 National Institute National Institute of Standards and Technology NOTICES National Cybersecurity Center of Excellence Access Rights Management Use Case for the Financial Services Sector, 18198-18200 2015-07590 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 18241-18242 2015-07628 National Institute of Neurological Disorders and Stroke, 18241 2015-07627 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18193-18194, 18196-18198 2015-07584 2015-07585 2015-07586 Meetings: Caribbean Fishery Management Council, 18191-18192 2015-07684 Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review: Data Review, 18195-18196 2015-07699 New England Fishery Management Council, 18192-18193 2015-07685 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Transfers: Municipal Electric Authority of Georgia, Vogtle Electric Generating Plant, Units 3 and 4, 18262-18263 2015-07710 Privacy Act; Systems of Records, 18263 2015-07703 Standard Review Plans: Missiles Generated by Extreme Winds, 18261-18262 2015-07709 Pension Benefit Pension Benefit Guaranty Corporation PROPOSED RULES Multiemployer Plans; Electronic Filing Requirements, 18172-18175 2015-07602 Personnel Personnel Management Office PROPOSED RULES Federal Employees' Retirement System: Present Value Conversion Factors for Spouses of Deceased Separated Employees, 18159-18160 2015-07747 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Withholdings and Contributions for Health Benefits, Life Insurance, Retirement, etc., 18266-18267 2015-07658 Civil Service Retirement System; Present Value Factors, 18263-18265 2015-07677 Federal Employees' Retirement System; Present Value Factors, 18265-18266 2015-07694 Postal Regulatory Postal Regulatory Commission RULES Update to Product Lists, 18117-18119 2015-07680 NOTICES New Postal Products, 18267-18268 2015-07615 2015-07678 Postal Service Postal Service NOTICES Product Changes: Parcel Select Negotiated Service Agreement, 18268 2015-07667 Priority Mail Express, Priority Mail, and First-Class Package Service Negotiated Service Agreement, 18269 2015-07660 Priority Mail Negotiated Service Agreement, 18268 2015-07671 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Child Abuse Prevention Month (Proc. 9245), 18299-18302 2015-07876 National Financial Capability Month (Proc. 9246), 18303-18304 2015-07877 Science Technology Science and Technology Policy Office NOTICES Impact of the Select Agent and Toxin Regulations; Correction, 18269 2015-07649 Securities Securities and Exchange Commission NOTICES Applications for Deregistration, 18273-18274 2015-07697 Self-Regulatory Organizations; Proposed Rule Changes: NYSE Arca, Inc., 18269-18273 2015-07619 2015-07620 2015-07696 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Department of State Acquisition Regulation, 18274-18275 2015-07698 Electronic Choice of Address and Agent, 18275-18276 2015-07695 Culturally Significant Objects Imported for Exhibition: 1700s Beadwork of Southeastern Tribes, 18274 2015-07692 Byzantium to Russia, the Origins and Development of Russian Icons 1200 to 1900, 18275 2015-07693 Surface Transportation Surface Transportation Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Open a Billing Account, 18281-18282 2015-07657 Susquehanna Susquehanna River Basin Commission NOTICES Public Hearings, 18276-18277 2015-07668 Tennessee Tennessee Valley Authority NOTICES Meetings: Regional Energy Resource Council, Public Sessions, 18277-18278 2015-07661 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Motor Carrier Safety Administration

See

Federal Railroad Administration

See

Federal Transit Administration

See

National Highway Traffic Safety Administration

See

Surface Transportation Board

NOTICES Funding Availability: National Infrastructure Investments under the Consolidated and Further Continuing Appropriations Act,, 18283-18292 2015-07711
Treasury Treasury Department See

Internal Revenue Service

Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18244-18245 2015-07578 Veteran Affairs Veterans Affairs Department RULES Technical Corrections, 18116-18117 2015-07540 Separate Parts In This Issue Part II Presidential Documents, 18299-18304 2015-07876 2015-07877 Reader Aids

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

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

80 64 Friday, April 3, 2015 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0904; Directorate Identifier 2014-NE-14-AD; Amendment 39-18129; AD 2015-07-01] RIN 2120-AA64 Airworthiness Directives; Rolls-Royce plc Turbofan Engines AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain Rolls-Royce plc (RR) RB211-524 turbofan engines with certain part number (P/N) low-pressure turbine (LPT) stage 3 turbine blades installed. This AD requires implementation of a life limit for certain P/N LPT stage 3 turbine blades and replacement of affected blades that reach or exceed the life limit. This AD was prompted by reports of LPT stage 3 turbine blade failures, release of blades, and subsequent in-flight shutdowns. We are issuing this AD to prevent failure of LPT stage 3 turbine blades and subsequent release of blade debris, which could lead to failure of one or more engines, loss of thrust control, and damage to the airplane.

DATES:

This AD becomes effective May 8, 2015.

ADDRESSES:

For service information identified in this AD, contact Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, England, DE24 8BJ; phone: 011-44-1332-242424; fax: 011-44-1332-249936; email: http://www.rolls-royce.com/contact/civil_team.jsp; Internet: https://www.aeromanager.com. You may view this service information at the FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0904.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0904; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the mandatory continuing airworthiness information (MCAI), the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Kenneth Steeves, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781-238-7765; fax: 781-238-7199; 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 the specified products. The NPRM was published in the Federal Register on December 2, 2014 (79 FR 71363). The NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:

Since 2006, a number of low pressure turbine (LPT) Stage 3 blade failures have been reported, each resulting in engine in-flight shut-down. Engineering analysis on those occurrences indicates that blades with an accumulated life of 11,000 flight cycles (FC) or more have an increased risk of failure.

This condition, if not detected and corrected, could lead to release of LPT Stage 3 blade debris and consequent (partial or complete) loss of engine power, possibly resulting in reduced control of the aeroplane.

Comments

We gave the public the opportunity to participate in developing this AD. We considered the comment received. The commenter supports the NPRM (79 FR 71363, December 2, 2014).

Conclusion

We reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting this AD as proposed.

Costs of Compliance

We estimate that this AD affects 2 engines installed on airplanes of U.S. registry. We also estimate that it will take about 120 hours per engine to comply with this AD. The average labor rate is $85 per hour. Parts cost is zero. Based on these figures, we estimate the cost of this AD on U.S. operators to be $20,400.

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

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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): 2015-07-01 Rolls-Royce plc: Amendment 39-18129; Docket No. FAA-2014-0904; Directorate Identifier 2014-NE-14-AD. (a) Effective Date

This AD becomes effective May 8, 2015.

(b) Affected ADs

None.

(c) Applicability

This AD applies to all Rolls-Royce plc (RR) RB211-524B-02, RB211-524B-B-02, RB211-524B2-19, RB211-524B2-B-19, RB211-524B3-02, RB211-524C2-19, and RB211-524C2-B-19 turbofan engines with low-pressure turbine (LPT) stage 3 turbine blade, part number (P/N) LK55386, LK86483, or LK86503, installed.

(d) Reason

This AD was prompted by reports of LPT stage 3 turbine blade failure, release of blades, and subsequent in-flight shutdown. We are issuing this AD to prevent failure of LPT stage 3 turbine blades and subsequent release of blade debris, which could lead to failure of one or more engines, loss of thrust control, and damage to the airplane.

(e) Actions and Compliance

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

(1) Remove from service before further flight any LPT stage 3 turbine blade, P/N LK55386, LK86483, or LK86503, that exceeds 11,000 flight cycles since new.

(2) If you cannot determine the accumulated flight cycles, remove any LPT stage 3 turbine blade, P/N LK55386, LK86483, or LK86503, within 200 flight cycles after the effective date of this AD.

(3) After the effective date of this AD, do not install any LPT stage 3 turbine blade, P/N LK55386, LK86483, or LK86503, on any engine if the blade has accumulated 11,000 or more flight cycles since new.

(f) Alternative Methods of Compliance (AMOCs)

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

(g) Related Information

(1) For more information about this AD, contact Kenneth Steeves, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781-238-7765; fax: 781-238-7199; email: [email protected].

(2) Refer to MCAI European Aviation Safety Agency AD 2014-0210, dated September 19, 2014, for more information. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0904-0002.

(3) RR Alert Non-Modification Service Bulletin No. RB.211-72-AH790, Revision 1, dated November 5, 2014, which is not incorporated by reference in this AD, can be obtained from Rolls-Royce plc, using the contact information in paragraph (g)(4) of this AD.

(4) For service information identified in this AD, contact Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, England, DE24 8BJ; phone: 011-44-1332-242424; fax: 011-44-1332-249936; email: http://www.rolls-royce.com/contact/civil_team.jsp; Internet: https://www.aeromanager.com.

(5) 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.

(h) Material Incorporated by Reference

None.

Issued in Burlington, Massachusetts, on March 26, 2015. Colleen M. D'Alessandro, Assistant Directorate Manager, Engine & Propeller Directorate, Aircraft Certification Service.
[FR Doc. 2015-07492 Filed 4-2-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 95 [Docket No. 31012; Amdt. No. 519] IFR Altitudes; Miscellaneous Amendments AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.

DATES:

Effective Date: 0901 UTC, April 30, 2015.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION:

This amendment to part 95 of the Federal Aviation Regulations (14 CFR part 95) amends, suspends, or revokes IFR altitudes governing the operation of all aircraft in flight over a specified route or any portion of that route, as well as the changeover points (COPs) for Federal airways, jet routes, or direct routes as prescribed in part 95.

The Rule

The specified IFR altitudes, when used in conjunction with the prescribed changeover points for those routes, ensure navigation aid coverage that is adequate for safe flight operations and free of frequency interference. The reasons and circumstances that create the need for this amendment involve matters of flight safety and operational efficiency in the National Airspace System, are related to published aeronautical charts that are essential to the user, and provide for the safe and efficient use of the navigable airspace. In addition, those various reasons or circumstances require making this amendment effective before the next scheduled charting and publication date of the flight information to assure its timely availability to the user. The effective date of this amendment reflects those considerations. In view of the close and immediate relationship between these regulatory changes and safety in air commerce, I find that notice and public procedure before adopting this amendment are impracticable and contrary to the public interest and that good cause exists for making the amendment effective in less than 30 days.

Conclusion

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 95

Airspace, Navigation (air).

Issued in Washington, DC on March 27, 2015. John Duncan, Director, Flight Standards Service. Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me by the Administrator, part 95 of the Federal Aviation Regulations (14 CFR part 95) is amended as follows effective at 0901 UTC, April 30, 2015.

1. The authority citation for part 95 continues to read as follows: Authority:

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

2. Part 95 is amended to read as follows:
§§ 95.4000, 95.4024, 95.6001, 95.6070, 95.6071, 95.6114, 95.6133, 95.6145, 95.6194, 95.6420, 95.6438, 95.6511, 95.6559, 95.6566, 95.7001, 95.7002, 95.7138, 95.7590, 95.8003 [AMENDED] Revisions to IFR Altitudes & Changeover Point [Amendment 519 effective date April 30, 2015] From To MEA MAA § 95.4000 High Altitude RNAV Routes § 95.4024 RNAV Route Q24 is Amended to Read in Part Lake Charles, LA Vortac Fighting Tiger, LA Vortac * 20000 45000 * 18000—GNSS MEA * DME/DME/IRU MEA Fighting Tiger, LA VORTAC Irube, MS WP * 20000 45000 * 18000—GNSS MEA * DME/DME/IRU MEA Irube, MS WP Paytn, AL FIX * 20000 45000 * 18000—GNSS MEA * DME/DME/IRU MEA From To MEA § 95.6001 Victor Routes—U.S. § 95.6070 VOR Federal Airway V70 is Amended to Read in Part Lafayette, LA VORTAC * Rosey, LA FIX 2100 * 5000—MRA * Rosey, LA FIX Fighting Tiger, LA VORTAC 2100 * 5000—MRA Fighting Tiger, LA VORTAC Picayune, MS VOR/DME 2000 § 95.6071 VOR Federal Airway V71 is Amended to Read in Part Fighting Tiger, LA VORTAC Wrack, LA FIX 2200 § 95.6114 VOR Federal Airway V114 is Amended to Read in Part * Mikle, LA FIX Fighting Tiger, LA VORTAC 2000 * 3000—MRA Fighting Tiger, LA VORTAC Veils, LA FIX 2800 Veils, LA FIX Reserve, LA VOR/DME 2000 § 95.6133 VOR Federal Airway V133 is Amended to Read in Part * Ladin, MI FIX Traverse City, MI VOR/DME ** 5000 * 5000—MRA ** 2800—MOCA § 95.6145 VOR Federal Airway V145 is Amended to Read in Part Utica, NY VORTAC Weepy, NY FIX * 3400 * 3000—MOCA Weepy, NY FIX Floor, NY FIX * 3000 * 2200—MOCA Floor, NY FIX Watertown, NY VORTAC * 3000 * 2700—MOCA Watertown, NY VORTAC U.S. Canadian Border * 3000 * 1800—MOCA § 95.6194 VOR Federal Airway V194 is Amended to Read in Part Lafayette, LA VORTAC * Rosey, LA FIX 2100 * 5000—MRA * Rosey, LA FIX Fighting Tiger, LA VORTAC 2100 * 5000—MRA Fighting Tiger, LA VORTAC McComb, MS VORTAC 2300 § 95.6420 VOR Federal Airway V420 is Amended to Read in Part Traverse City, MI VOR/DME Gaylord, MI VOR/DME #3000 #Traverse City R-062 Unusable Use Gaylord R-247 § 95.6511 VOR Federal Airway V511 is Amended to Read in Part Lakeland, FL VORTAC Hallr, FL FIX * 4000 * 2300—MOCA § 95.6559 VOR Federal Airway V559 is Amended to Read in Part Lafayette, LA VORTAC Fighting Tiger, LA VORTAC 2100 § 95.6566 VOR Federal Airway V566 is Amended to Read in Part Veils, LA FIX Reserve, LA VOR/DME 2000 § 95.6438 Alaska VOR Federal Airway V438 is Amended to Read in Part * Sures, AK FIX Liber, AK FIX #** 11000 * 10000—MRA ** 8900—MOCA #MEA is Established With a Gap in Navigation Signal Coverage. From To MEA MAA § 95.7001 Jet Routes § 95.7002 Jet Route J2 is Amended to Read in Part Lake Charles, LA VORTAC Fighting Tiger, LA VORTAC 18000 45000 Fighting Tiger, LA VORTAC Semmes, AL VORTAC 18000 45000 § 95.7138 Jet Route J138 is Amended to Read in Part Lake Charles, LA VORTAC Fighting Tiger, LA VORTAC 18000 45000 Fighting Tiger, LA VORTAC Semmes, AL VORTAC 18000 45000 § 95.7590 Jet Route J590 is Amended to Read in Part Lake Charles, LA VORTAC Fighting Tiger, LA VORTAC 18000 45000 Fighting Tiger, LA VORTAC Greene County, MS VORTAC 18000 45000 Airway segment From To Changeover points Distance From § 95.8003 VOR Federal Airway Changeover Point V285 is Amended to Delete Changeover Point Manistee, MI VOR/DME Traverse City, MI VOR/DME 29 Manistee
[FR Doc. 2015-07505 Filed 4-2-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 1, 26, 99, 201, 203, 206, 207, 310, 312, 314, 600, 601, 606, 607, 610, 660, 680, 801, 807, 812, 814, 822, and 1271 [Docket No. FDA-2015-N-0011] Food and Drug Administration Regulations; Change of Addresses; Technical Amendment AGENCY:

Food and Drug Administration, HHS.

ACTION:

Final rule; technical amendment.

SUMMARY:

The Food and Drug Administration (FDA) is amending its regulations to update address information for the Center for Biologics Evaluation and Research (CBER) as a result of the recent relocation of CBER offices and laboratories to the FDA White Oak campus in Silver Spring, MD, as well as make other related technical revisions. These changes are being made to ensure the accuracy of the Agency's regulations.

DATES:

This rule is effective April 3, 2015.

FOR FURTHER INFORMATION CONTACT:

John Reilly, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.

SUPPLEMENTARY INFORMATION:

FDA is amending its regulations in parts 1, 26, 99, 201, 203, 206, 207, 310, 312, 314, 600, 601, 606, 607, 610, 660, 680, 801, 807, 812, 814, 822, and 1271 (21 CFR parts 1, 26, 99, 201, 203, 206, 207, 310, 312, 314, 600, 601, 606, 607, 610, 660, 680, 801, 807, 812, 814, 822, and 1271) to reflect the following changes: (1) The relocation of CBER offices and laboratories from various Rockville and Bethesda, MD, locations to the FDA White Oak campus in Silver Spring, MD; (2) the change of address of CBER's Document Control Center; (3) updating the names of certain CBER organizational units referenced in the regulations; (4) revising certain cross-references to be more specific and thereby facilitate locating the appropriate mailing addresses for submissions, requests, and other correspondence relating to biological products regulated by CBER and the Center for Drug Evaluation and Research (CDER); and (5) making other minor changes to ensure accuracy. The updated addresses include locations to which applicants must submit information related to applications or products regulated by CBER or from which the public can request information. Where appropriate, CBER Web addresses for obtaining or submitting forms and other information are added or updated, and outdated addresses are removed. In certain instances, mail previously addressed to specific CBER offices should now be addressed to the CBER Document Control Center.

The technical amendments, reflected in the regulatory text of this final rule, are as follows:

• In § 1.101(d)(2)(i), the CBER unit and address for submitting notifications regarding CBER-regulated products exported under section 802 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 382) are updated to the CBER Document Control Center on the White Oak campus.

• In Appendix E to subpart A of part 26, the contact information provided for CBER, including its address, telephone, and fax numbers to be used in the two-way alert system established in accordance with the 1998 “Agreement on Mutual Recognition Between the United States of America and the European Community,” is updated to reflect CBER's move to the White Oak campus.

• In § 99.201(c)(1), the CBER unit and address to send a submission and certification statement, or to send an application for exemption relating to the dissemination of information on an unapproved/new use regarding a biological product or device is updated to the CBER Document Control Center on the White Oak campus.

• In § 201.25(d)(2), the CBER unit and address for submitting a request for exemption from the bar code label requirement for biological products regulated by CBER are updated to the CBER Document Control Center on the White Oak campus. Several other minor changes are made to this provision for purposes of clarity and correctness in referring to products regulated by CBER or CDER.

• In § 201.58, the CBER unit and address for submitting a request for waiver from certain labeling requirements are updated to the CBER Document Control Center on the White Oak campus.

• In § 203.12, the CBER unit and address for submitting an appeal from an adverse decision relating to the reimportation of biological products regulated by CBER are updated to the CBER Document Control Center on the White Oak campus. Several other minor changes in terminology also are made to this provision for purposes of accuracy and consistency when referring to products regulated by CBER or CDER.

• In § 203.37(e), the CBER unit and address for submitting information in notifications and reports involving human prescription biological products regulated by CBER are updated to the CBER Document Control Center on the White Oak campus. Several other minor changes in terminology also are made to this provision for purposes of accuracy and consistency when referring to products regulated by CBER or CDER.

• In § 203.70(b)(2), the CBER unit and address to apply for a reward when providing information leading to a criminal proceeding or conviction related to the sale, purchase, or trade of a drug sample are updated to the CBER Document Control Center on the White Oak campus.

• In § 206.7(b)(1)(i), the CBER unit and address for requesting an exemption from imprinting requirements involving human drug products in solid oral dosage form are updated to the CBER Document Control Center on the White Oak campus.

• In § 207.7(a), the CBER unit and address for submitting blood establishment registration and product listing information are updated to the CBER Document Control Center on the White Oak campus.

• In § 310.503(f)(3), the CBER unit and address for submitting an investigational new drug (IND) application or an application for a biologics license under section 351 of the Public Health Service Act with regard to certain radioactive drugs considered biologics are updated to the CBER Document Control Center on the White Oak campus.

• In § 312.140(a)(3), the address for submitting an IND application involving biological products regulated by CBER is updated to the White Oak campus.

• In § 312.145(b), the CBER unit and address from which to request a list of CBER guidances are updated to the Office of Communication, Outreach and Development and the White Oak campus.

• In § 312.310(d)(1), the CBER local telephone number for requesting emergency expanded access use of investigational biological drug products regulated by CBER is updated.

• In § 314.440(b), the CBER addresses for submitting new drug applications and other correspondence involving certain drug products used in the collection, processing, or storage of blood components, as well as the address for requesting an opportunity for a hearing, are updated to the White Oak campus.

• In § 600.2(a), the CBER Document Control Center address for regulatory submissions and other correspondence pertaining to licensed biological products regulated by CBER is updated to the White Oak campus.

• In § 600.2(c)(1), the CBER Sample Custodian address for submitting samples and protocols of licensed biological products regulated by CBER or CDER is updated to the White Oak campus.

• In § 600.2(c)(2), the unit and address for submitting samples and protocols of radioactive biological products are updated to the White Oak Radiation Safety Program and the White Oak campus.

• In § 600.11(f)(6), the cross-reference “§ 600.2” is changed to “§ 600.2(a) or (b)” to provide a more specific citation to the appropriate CBER or CDER address to use when notifying FDA of certain infectious animal diseases.

• In § 600.14(e)(1), the CBER unit and address for reporting biological product deviations for products regulated by CBER are updated to the CBER Document Control Center on the White Oak campus. The specific CBER Web address for submitting such reports electronically is removed, and a more general reference for submitting such reports electronically is added in its place.

• In § 600.22(e), the cross-reference “§ 600.2” is changed to “§ 600.2(c)” to provide a more specific citation to the appropriate CBER or CDER address to use when submitting product or ingredient samples from an inspection of a licensed establishment.

• In § 601.2(a), the cross-reference “§ 600.2” is changed to “§ 600.2(a) or (b)” to provide a more specific citation to the appropriate CBER or CDER address to use when submitting an application for a biologics license.

• In § 601.12(f)(4), the reference to Form FDA 2567 (Transmittal of Labels and Circulars) is removed because the form is no longer used.

• In § 601.15, the cross-reference “§ 600.2” is changed to “§ 600.2(c)” to provide a more specific citation to the appropriate address to use when submitting samples of imported licensed biological products regulated by CBER or CDER.

• In § 601.28, the cross-reference “§ 600.2” is changed to “§ 600.2(a) or (b)” to provide a more specific citation to the appropriate CBER or CDER address to use when submitting postmarketing pediatric studies with regard to licensed biological products.

• In § 601.29(b), the CBER unit and address from which to request a list of CBER guidances are updated to the White Oak campus.

• In § 601.70(d), the cross-reference “§ 600.2” is changed to “§ 600.2(a) or (b)” to provide a more specific citation to the appropriate CBER or CDER address to use when submitting annual progress reports of postmarketing studies.

• In § 606.170(b), the cross-reference “§ 600.2” is changed to “§ 600.2(a)” to clarify the need to use the updated CBER Document Control Center address when submitting a written report involving a fatal adverse reaction relating to blood collection or transfusion.

• In § 606.171(e), the CBER unit and address for reporting blood and blood component product deviations are updated to the CBER Document Control Center on the White Oak Campus. The specific CBER Web address for submitting such reports electronically is removed, and a more general reference for submitting such reports electronically is added in its place. Other editorial changes have been made to improve the provision's clarity without changing its meaning.

• In § 607.7(b) and (c), the cross-reference “§ 600.2” is changed to “§ 600.2(a)” and the reference to mail code “(HFM-375)” is removed to clarify using the updated CBER Document Control Center address in § 600.2(a) when requesting and submitting registration and product listing information with regard to the manufacture of blood products.

• In § 607.22(a), the cross-reference “§ 600.2” is changed to “§ 600.2(a)” and the reference to mail code “(HFM-375)” is removed to clarify using the updated CBER Document Control Center address in § 600.2(a) when requesting and submitting registration and product listing information involving the manufacture of blood products on Form FDA 2830. Reference to the “Department of Health and Human Services” as part of the address has been removed.

• Section 607.37(a) is updated to reflect that registrant and product list information filed on Form FDA 2830 for establishments manufacturing blood products, previously made available through public inspection at CBER offices, now is accessible by using CBER's Web site or by visiting FDA's Division of Dockets Management. In § 607.37(b), the name of the CBER unit and address for requesting other information regarding blood establishment registrations and blood product listings are updated to the Office of Communication, Outreach and Development and the White Oak campus.

• In § 610.2(a) and (b), the cross-reference “§ 600.2” is changed to “§ 600.2(c)” to provide a more specific citation to the appropriate address to use when submitting samples and protocols of licensed biological products.

• In § 610.11(g)(2), the cross-reference “§ 600.2” is changed to “§ 600.2(a) or (b)” to provide a more specific citation to the appropriate CBER or CDER address to use when submitting a request for an exemption from the general safety test requirement for licensed biological products.

• In § 610.15(a)(3), the cross-reference “§ 600.2” is changed to “§ 600.2(a) or (b)” to provide a more specific citation to the appropriate CBER or CDER address to use when submitting data regarding the amount of aluminum used in individual doses of a biological product.

• In § 660.3, the CBER unit and address for obtaining a Reference Hepatitis B Surface Antigen Panel have been updated to CBER Reagents and Standards Shipping and the White Oak campus.

• In § 660.6(a)(2), the cross-reference “§ 600.2” is changed to “§ 600.2(c)” to provide a more specific citation to the appropriate address to use when submitting product samples and protocols involving Antibody to Hepatitis B Surface Antigen. Also, a misspelling of the word “Official” in the heading in § 660.6(c) is corrected.

• In § 660.22(b), the CBER unit and address for obtaining reference preparations for Reference Blood Grouping Reagents have been updated to CBER Reagents and Standards Shipping and the White Oak campus.

• In § 660.36, the cross-reference to § 600.2(c) is added to § 660.36(a) and (c), and the cross-reference to § 600.2(a) is added to § 660.36(b), to provide further specificity as to the appropriate address to use when submitting product samples and protocols relating to Reagent Red Blood Cells.

• In § 660.46(a)(2), the cross-reference “§ 600.2” is changed to “§ 600.2(c)” to provide a more specific citation to the appropriate address to use when submitting product samples and protocols relating to Hepatitis B Surface Antigen.

• In § 660.52, the CBER unit and address for obtaining reference preparations for Reference Anti-Human Globulin are updated to CBER Reagents and Standards Shipping and the White Oak campus.

• In § 680.1(b)(2)(iii), (b)(3)(iv), and (c), the cross-reference “§ 600.2” is changed to “§ 600.2(a) of this chapter” to clarify using the updated CBER Document Control Center address when submitting the requested source material information regarding allergenic products.

• In § 801.55(b)(1), the CBER unit and address for requesting an exception or alternative to a unique device identifier for devices regulated by CBER are updated to the CBER Document Control Center on the White Oak campus.

• In § 807.90(a)(2), the address for submitting a premarket notification for devices regulated by CBER is updated to the White Oak campus; the specific CBER Web address for obtaining information about devices regulated by CBER is removed, and a more general reference for obtaining this information on the CBER's Web site is added in its place.

• In § 812.19(a)(2), the address for sending correspondence in connection with investigational device exemptions (IDEs) involving devices regulated by CBER is updated to the White Oak campus.

• In § 814.20(h)(2), the address for submitting a premarket approval application (PMA), a PMA amendment, a PMA supplement, or correspondence involving a PMA for devices regulated by CBER is updated to the White Oak campus.

• In § 814.104(d)(2), the address for submitting an original PMA seeking a humanitarian device exemption (HDE), or related amendments or supplements, or other correspondence relating to an HDE for devices regulated by CBER is updated to the White Oak campus.

• In § 822.8, the address for submitting a postmarket surveillance plan for devices regulated by CBER is updated to the White Oak campus.

• The address for submitting a reclassification petition for devices regulated by CBER in § 860.123(b)(1) was updated to the White Oak campus in a previous FDA document published in the Federal Register on December 24, 2014 (79 FR 77387).

• In § 1271.22(b), the CBER address and local telephone number for requesting Form FDA 3356 involving establishment registration and listing for human cells, tissues, and cellular and tissue-based products (HCT/Ps) are updated to the Document Control Center on the White Oak campus. In § 1271.22(c)(1), the CBER unit and address for submitting Form FDA 3356 are updated to the CBER Document Control Center on the White Oak campus. And in § 1271.22(c)(2), the specific CBER Web address for submitting Form FDA 3356 electronically is removed, and a more general reference for submitting this form electronically is added in its place.

• Section 1271.37(a) is updated to reflect that registrant and product list information filed on Form FDA 3356 for HCT/Ps, previously made available for public inspection at CBER offices, can now be accessed through CBER's Web site or by visiting FDA's Division of Dockets Management. In § 1271.37(b), the name of the CBER unit and address for requesting other information regarding HCT/P establishment registrations and HCT/P listings are updated to the Office of Communication, Outreach and Development and the White Oak campus.

• In § 1271.350(a)(5), the CBER unit and address for submitting adverse reaction reports involving an HCT/P have been updated to the CBER Document Control Center on the White Oak campus. In § 1271.350(b)(3), the address for obtaining and submitting Form FDA 3486 by mail has been updated to the CBER Document Control Center on the White Oak campus. The specific CBER Web addresses for obtaining and submitting the form electronically have been replaced by a more general reference to using CBER's electronic Web-based application.

Publication of this document constitutes final action of these changes under the Administrative Procedure Act (5 U.S.C. 553). FDA has determined that notice and public comment are unnecessary because this amendment to the regulations provides only technical changes to update addresses and other information, and is nonsubstantive.

List of Subjects 21 CFR Part 1

Cosmetics, Drugs, Exports, Food labeling, Imports, Labeling, Reporting and recordkeeping requirements.

21 CFR Part 26

Animal drugs, Biologics, Drugs, Exports, Imports.

21 CFR Part 99

Administrative practice and procedure, Biologics, Drugs, Medical devices, Reporting and recordkeeping requirements.

21 CFR Part 201

Drugs, Labeling, Reporting and recordkeeping requirements.

21 CFR Part 203

Labeling, Prescription drugs, Reporting and recordkeeping requirements, Warehouses.

21 CFR Part 206

Drugs.

21 CFR Part 207

Drugs, Reporting and recordkeeping requirements.

21 CFR Part 310

Administrative practice and procedure, Drugs, Labeling, Medical devices, Reporting and recordkeeping requirements.

21 CFR Part 312

Drugs, Exports, Imports, Investigations, Labeling, Medical research, Reporting and recordkeeping requirements, Safety.

21 CFR Part 314

Administrative practice and procedure, Confidential business information, Drugs, Reporting and recordkeeping requirements.

21 CFR Part 600

Biologics, Reporting and recordkeeping requirements.

21 CFR Part 601

Administrative practice and procedure, Biologics, Confidential business information.

21 CFR Part 606

Blood, Labeling, Laboratories, Reporting and recordkeeping requirements.

21 CFR Part 607

Blood.

21 CFR Parts 610 and 660

Biologics, Labeling, Reporting and recordkeeping requirements.

21 CFR Part 680

Biologics, Blood, Reporting and recordkeeping requirements.

21 CFR Part 801

Labeling, Medical devices, Reporting and recordkeeping requirements.

21 CFR Part 807

Confidential business information, Imports, Medical devices, Reporting and recordkeeping requirements.

21 CFR Part 812

Health records, Medical devices, Medical research, Reporting and recordkeeping requirements.

21 CFR Part 814

Administrative practice and procedure, Confidential business information, Medical devices, Medical research, Reporting and recordkeeping requirements.

21 CFR Part 822

Medical devices, Reporting and recordkeeping requirements.

21 CFR Part 1271

Biologics, Drugs, Human cells and tissue-based products, Medical devices, Reporting and recordkeeping requirements.

Therefore, under the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, and under authority delegated to the Commissioner of Food and Drugs, 21 CFR parts 1, 26, 99, 201, 203, 206, 207, 310, 312, 314, 600, 601, 606, 607, 610, 660, 680, 801, 807, 812, 814, 822, and 1271 are amended as follows:

PART 1—GENERAL ENFORCEMENT REGULATIONS 1. The authority citation for 21 CFR part 1 continues to read as follows: Authority:

15 U.S.C. 1333, 1453, 1454, 1455, 4402; 19 U.S.C. 1490, 1491; 21 U.S.C. 321, 331, 332, 333, 334, 335a, 343, 350c, 350d, 352, 355, 360b, 360ccc, 360ccc-1, 360ccc-2, 362, 371, 374, 381, 382, 387, 387a, 387c, 393; 42 U.S.C. 216, 241, 243, 262, 264.

§ 1.101 [Amended]
2. Section 1.101 is amended in paragraph (d)(2)(i) by removing the words “Division of Case Management (HFM-610), Office of Compliance and Biologics Quality, Center for Biologics Evaluation and Research, Food and Drug Administration, 1401 Rockville Pike, Suite 200N, Rockville, MD 20852-1448” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002”.
PART 26—MUTUAL RECOGNITION OF PHARMACEUTICAL GOOD MANUFACTURING PRACTICE REPORTS, MEDICAL DEVICE QUALITY SYSTEM AUDIT REPORTS, AND CERTAIN MEDICAL DEVICE PRODUCT EVALUATION REPORTS: UNITED STATES AND THE EUROPEAN COMMUNITY 3. The authority citation for 21 CFR part 26 continues to read as follows: Authority:

5 U.S.C. 552; 15 U.S.C. 1453, 1454, 1455; 18 U.S.C. 1905; 21 U.S.C. 321, 331, 351, 352, 355, 360, 360b, 360c, 360d, 360e, 360f, 360g, 360h, 360i, 360j, 360l, 360m, 371, 374, 381, 382, 383, 393; 42 U.S.C. 216, 241, 242l, 262, 264, 265.

4. Appendix E to subpart A of part 26 is amended under the heading “B. For the United States:” in the entry for “Biologics” by removing the words “Director, Office of Compliance and Biologics Quality (HFM-600), 1401 Rockville Pike, Rockville, MD 20852, phone: 301-827-6190, fax: 301-594-1944” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002, telephone: 240-402-9153, FAX: 301-595-1302”. PART 99—DISSEMINATION OF INFORMATION ON UNAPPROVED/NEW USES FOR MARKETED DRUGS, BIOLOGICS, AND DEVICES 5. The authority citation for 21 CFR part 99 continues to read as follows: Authority:

21 U.S.C. 321, 331, 351, 352, 355, 360, 360c, 360e, 360aa-360aaa-6, 371, and 374; 42 U.S.C. 262.

§ 99.201 [Amended]
6. Section 99.201 is amended in paragraph (c)(1) by removing the words “the Advertising and Promotional Labeling Staff (HFM-602), Center for Biologics Evaluation and Research, Food and Drug Administration, 1401 Rockville Pike, Suite 200N, Rockville, MD 20852-1448” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002”.
PART 201—LABELING 7. The authority citation for 21 CFR part 201 continues to read as follows: Authority:

21 U.S.C. 321, 331, 351, 352, 353, 355, 358, 360, 360b, 360gg-360ss, 371, 374, 379e; 42 U.S.C. 216, 241, 262, 264.

§ 201.25 [Amended]
8. Section 201.25 is amended in paragraph (d)(2) by removing the words “(requests involving a drug product) or to the Office of Compliance and Biologics Quality (HFM-600), Center for Biologics Evaluation and Research, Food and Drug Administration, 1401 Rockville Pike, Rockville, MD 20852 (requests involving a biological product)” and by adding in their place “(requests involving a drug product or biological product regulated by the Center for Drug Evaluation and Research) or to the Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002 (requests involving a biological product regulated by the Center for Biologics Evaluation and Research)”.
§ 201.58 [Amended]
9. Section 201.58 is amended in the second sentence by removing the words “Center for Biologics Evaluation and Research, Food and Drug Administration, 1401 Rockville Pike, Suite 200 North, Rockville, MD 20852-1448” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002”.
PART 203—PRESCRIPTION DRUG MARKETING 10. The authority citation for 21 CFR part 203 continues to read as follows: Authority:

21 U.S.C. 331, 333, 351, 352, 353, 360, 371, 374, 381.

11. Section 203.12 is revised to read as follows:
§ 203.12 An appeal from an adverse decision by the district office.

An appeal from an adverse decision by the district office involving insulin-containing drugs or human prescription drugs or biological products regulated by the Center for Drug Evaluation and Research may be made to the Office of Compliance, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002. An appeal from an adverse decision by the district office involving human prescription biological products regulated by the Center for Biologics Evaluation and Research may be made to the Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002.

12. Section 203.37 is amended by revising paragraph (e) to read as follows:
§ 203.37 Investigation and notification requirements.

(e) Whom to notify at FDA. Notifications and reports concerning human prescription drugs or biological products regulated by the Center for Drug Evaluation and Research shall be made to the Division of Compliance Risk Management and Surveillance, Office of Compliance, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002. Notifications and reports concerning human prescription biological products regulated by the Center for Biologics Evaluation and Research shall be made to the Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002.

13. Section 203.70 is amended by revising paragraph (b)(2) to read as follows:
§ 203.70 Application for a reward.

(b) * * *

(2) Food and Drug Administration, Center for Biologics Evaluation and Research, Office of Compliance and Biologics Quality (ATTN: Director), Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002, as appropriate.

PART 206—IMPRINTING OF SOLID ORAL DOSAGE FORM DRUG PRODUCTS FOR HUMAN USE 14. The authority citation for 21 CFR part 206 continues to read as follows: Authority:

21 U.S.C. 321, 331, 351, 352, 355, 371; 42 U.S.C. 262.

§ 206.7 [Amended]
15. Section 206.7 is amended in the first sentence of paragraph (b)(1)(i) by removing the words “Center for Biologics Evaluation and Research (CBER), Food and Drug Administration, 1401 Rockville Pike, Suite 200N, Rockville, MD 20852-1448” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002”.
PART 207—REGISTRATION OF PRODUCERS OF DRUGS AND LISTING OF DRUGS IN COMMERCIAL DISTRIBUTION 16. The authority citation for 21 CFR part 207 continues to read as follows: Authority:

21 U.S.C. 321, 331, 351, 352, 355, 360, 360b, 371, 374, 381, 393; 42 U.S.C. 262, 264, 271.

§ 207.7 [Amended]
17. Section 207.7 is amended in the first sentence of paragraph (a) by removing the words “Center for Biologics Evaluation and Research (HFM-375), 1401 Rockville Pike, Suite 200N, Rockville, MD 20852-1448” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002”.
PART 310—NEW DRUGS 18. The authority citation for 21 CFR part 310 continues to read as follows: Authority:

21 U.S.C. 321, 331, 351, 352, 353, 355, 360b-360f, 360j, 361(a), 371, 374, 375, 379e; 42 U.S.C. 216, 241, 242(a), 262, 263b-263n.

§ 310.503 [Amended]
19. Section 310.503 is amended in the last sentence of paragraph (f)(3) by removing the words “Center for Biologics Evaluation and Research, Food and Drug Administration, 8800 Rockville Pike, Bethesda, MD 20014” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002”.
PART 312—INVESTIGATIONAL NEW DRUG APPLICATION 20. The authority citation for 21 CFR part 312 continues to read as follows: Authority:

21 U.S.C. 321, 331, 351, 352, 353, 355, 360bbb, 371; 42 U.S.C. 262.

§ 312.140 [Amended]
21. Section 312.140 is amended in paragraph (a)(3) by removing the words “Document Control Center (HFM-99), Center for Biologics Evaluation and Research, Food and Drug Administration, 1401 Rockville Pike, Suite 200N, Rockville, MD 20852-1448” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002”.
§ 312.145 [Amended]
22. Section 312.145 is amended in the last sentence of paragraph (b) by removing the words “Office of Communication, Training, and Manufacturers Assistance (HFM-40), Center for Biologics Evaluation and Research, Food and Drug Administration, 1401 Rockville Pike, Rockville, MD 20852-1448” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Office of Communication, Outreach and Development, 10903 New Hampshire Ave., Bldg. 71, Rm. 3103, Silver Spring, MD 20993-0002”.
§ 312.310 [Amended]
23. Section 312.310 is amended in the second sentence of paragraph (d)(1) by removing “301-827-1800” and by adding in its place “240-402-8010”.
PART 314—APPLICATIONS FOR FDA APPROVAL TO MARKET A NEW DRUG 24. The authority citation for 21 CFR part 314 continues to read as follows: Authority:

21 U.S.C. 321, 331, 351, 352, 353, 355, 356, 356a, 356b, 356c, 371, 374, 379e.

25. Section 314.440 is amended by revising paragraph (b) introductory text to read as follows:
§ 314.440 Addresses for applications and abbreviated applications.

(b) Applicants shall send applications and other correspondence relating to matters covered by this part for the drug products listed below to the Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002, except applicants shall send a request for an opportunity for a hearing under § 314.110 on the question of whether there are grounds for denying approval of an application to the Center for Biologics Evaluation and Research, ATTN: Director, at the same address.

PART 600—BIOLOGICAL PRODUCTS: GENERAL 26. The authority citation for 21 CFR part 600 continues to read as follows: Authority:

21 U.S.C. 321, 351, 352, 353, 355, 360, 360i, 371, 374; 42 U.S.C. 216, 262, 263, 263a, 264, 300aa-25.

§ 600.2 [Amended]
27. Section 600.2 is amended as follows: a. In the first sentence of paragraph (a) by removing the words “Document Control Center (HFM-99), Center for Biologics Evaluation and Research, Food and Drug Administration, 1401 Rockville Pike, Suite 200N, Rockville, MD 20852-1448” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002”. b. In the first sentence of paragraph (c)(1) by removing the words “Sample Custodian (ATTN: HFM-672), Food and Drug Administration, Center for Biologics Evaluation and Research, Bldg. NLRC-B, Rm. 113, 5516 Nicholson Lane, Kensington, MD 20895” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, ATTN: Sample Custodian, 10903 New Hampshire Ave., Bldg. 75, Rm. G707, Silver Spring, MD 20993-0002”; and c. In paragraph (c)(2), by removing the words “Sample Custodian (ATTN: HFM-672), Food and Drug Administration, Center for Biologics Evaluation and Research, Nicholson Lane Research Center, c/o Radiation Safety Office, National Institutes of Health, 21 Wilson Dr., Rm. 107, Bethesda, MD 20892-6780” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, ATTN: Sample Custodian, c/o White Oak Radiation Safety Program, 10903 New Hampshire Ave., Bldg. 52-72, Rm. G406A, Silver Spring, MD 20993-0002”.
§ 600.11 [Amended]
28. Section 600.11 is amended in paragraph (f)(6) by removing “§ 600.2” and by adding in its place “§ 600.2(a) or (b)”.
29. Section 600.14 is amended by revising paragraph (e)(1) to read as follows:
§ 600.14 Reporting of biological product deviations by licensed manufacturers.

(e) Where do I report under this section? (1) For biological products regulated by the Center for Biologics Evaluation and Research (CBER), send the completed Form FDA 3486 to the CBER Document Control Center (see mailing address in § 600.2(a)), or submit electronically using CBER's electronic Web-based application.

§ 600.22 [Amended]
30. Section 600.22 is amended in paragraph (e) by removing “§ 600.2” and by adding in its place “§ 600.2(c)”.
PART 601—LICENSING 31. The authority citation for 21 CFR part 601 continues to read as follows: Authority:

15 U.S.C. 1451-1561; 21 U.S.C. 321, 351, 352, 353, 355, 356b, 360, 360c-360f, 360h-360j, 371, 374, 379e, 381; 42 U.S.C. 216, 241, 262, 263, 264; sec 122, Pub. L. 105-115, 111 Stat. 2322 (21 U.S.C. 355 note).

§ 601.2 [Amended]
32. Section 601.2 is amended in the first sentence of paragraph (a) by removing “§ 600.2” and by adding in its place “§ 600.2(a) or (b)”.
§ 601.12 [Amended]
33. Section 601.12 is amended in paragraph (f)(4) by removing the words “, except that Form FDA-2567 (Transmittal of Labels and Circulars) or an equivalent form shall be used”.
§ 601.15 [Amended]
34. Section 601.15 is amended by removing “§ 600.2” in both places it appears and by adding in each place “§ 600.2(c)”.
§ 601.28 [Amended]
35. The introductory text of § 601.28 is amended by removing “§ 600.2” and by adding in its place “§ 600.2(a) or (b)”.
§ 601.29 [Amended]
36. Section 601.29 is amended in the last sentence of paragraph (b) by removing the words “Office of Communication, Training, and Manufacturers Assistance (HFM-40), Center for Biologics Evaluation and Research, Food and Drug Administration (see mailing addresses in § 600.2 of this chapter)” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Office of Communication, Outreach and Development, 10903 New Hampshire Ave., Bldg. 71, Rm. 3103, Silver Spring, MD 20993-0002”.
§ 601.70 [Amended]
37. Section 601.70 is amended in paragraph (d) by removing “§ 600.2” and by adding in its place “§ 600.2(a) or (b)”.
PART 606—CURRENT GOOD MANUFACTURING PRACTICE FOR BLOOD AND BLOOD COMPONENTS 38. The authority citation for 21 CFR part 606 continues to read as follows: Authority:

21 U.S.C. 321, 331, 351, 352, 355, 360, 360j, 371, 374; 42 U.S.C. 216, 262, 263a, 264.

§ 606.170 [Amended]
39. Section 606.170 is amended in the last sentence of paragraph (b) by removing the words “(for mailing addresses, see § 600.2 of this chapter)” and by adding in their place “(for mailing address, see § 600.2(a) of this chapter)”.
40. Section 606.171 is amended by revising paragraph (e) to read as follows:
§ 606.171 Reporting of product deviations by licensed manufacturers, unlicensed registered blood establishments, and transfusion services.

(e) Where do I report under this section? You must send the completed Form FDA 3486 to the Center for Biologics Evaluation and Research (CBER), either in paper or electronic format.

(1) If you make a paper filing, send the completed form to the CBER Document Control Center (see mailing address in § 600.2(a) of this chapter), and identify on the envelope that a BPDR (biological product deviation report) is enclosed; or

(2) If you make an electronic filing, send the completed Form FDA3486 electronically using CBER's electronic Web-based application.

PART 607—ESTABLISHMENT REGISTRATION AND PRODUCT LISTING FOR MANUFACTURERS OF HUMAN BLOOD AND BLOOD PRODUCTS 41. The authority citation for 21 CFR part 607 continues to read as follows: Authority:

21 U.S.C. 321, 331, 351, 352, 355, 360, 371, 374, 381, 393; 42 U.S.C. 262, 264, 271.

§ 607.7 [Amended]
42. Section 607.7 is amended in paragraphs (b) and (c) by removing both times it appears “(HFM-375) (see mailing addresses in § 600.2 of this chapter)” and by adding in their place “(see mailing address in § 600.2(a) of this chapter)”.
§ 607.22 [Amended]
43. Section 607.22 is amended in the first sentence of paragraph (a) by removing the words “Department of Health and Human Services, Food and Drug Administration, Center for Biologics Evaluation and Research (HFM-375), (see mailing addresses in § 600.2 of this chapter),” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research (see mailing address in § 600.2(a) of this chapter),”. 44. Section 607.37 is revised to read as follows:
§ 607.37 Inspection of establishment registrations and blood product listings.

(a) Any registration on Form FDA 2830 (Blood Establishment Registration and Product Listing) filed in paper or electronic format by the registrant will be available for inspection under section 510(f) of the act, through the Center for Biologics Evaluation and Research Blood Establishment Registration Database Web site by using the CBER electronic Web-based application or by going in person to the Food and Drug Administration, Division of Dockets Management Public Reading Room (see address in § 20.120(a) of this chapter). The following information submitted under the blood product listing requirements is illustrative of the type of information that will be available for public disclosure when it is compiled:

(1) A list of all blood products.

(2) A list of all blood products manufactured by each establishment.

(3) A list of blood products discontinued.

(4) All data or information that has already become a matter of public knowledge.

(b) Other requests for information regarding blood establishment registrations and blood product listings should be directed to the Food and Drug Administration, Center for Biologics Evaluation and Research, Office of Communication, Outreach and Development, 10903 New Hampshire Ave., Bldg. 71, Rm. 3103, Silver Spring, MD 20993-0002.

PART 610—GENERAL BIOLOGICAL PRODUCTS STANDARDS 45. The authority citation for 21 CFR part 610 continues to read as follows: Authority:

21 U.S.C. 321, 331, 351, 352, 353, 355, 360, 360c, 360d, 360h, 360i, 371, 372, 374, 381; 42 U.S.C. 216, 262, 263, 263a, 264.

§ 610.2 [Amended]
46. Section 610.2 is amended in the first sentence of paragraph (a) by removing “§ 600.2” and by adding in its place “§ 600.2(c)” and in the first sentence of paragraph (b) by removing “§ 600.2” and by adding in its place “§ 600.2(c) of this chapter”.
§ 610.11 [Amended]
47. Section 610.11 is amended in the first sentence of paragraph (g)(2) by removing “§ 600.2” and by adding in its place “§ 600.2(a) or (b)”.
§ 610.15 [Amended]
48. Section 610.15 is amended in paragraph (a)(3) by removing “§ 600.2” and by adding in its place “§ 600.2(a) or (b)”.
PART 660—ADDITIONAL STANDARDS FOR DIAGNOSTIC SUBSTANCES FOR LABORATORY TESTS 49. The authority citation for 21 CFR part 660 continues to read as follows: Authority:

21 U.S.C. 321, 331, 351, 352, 353, 355, 360, 360c, 360d, 360h, 360i, 371, 372; 42 U.S.C. 216, 262, 263, 263a, 264.

§ 660.3 [Amended]
50. Section 660.3 is amended by removing the words “Center for Biologics Evaluation and Research (HFM-407) (see mailing addresses in § 600.2 of this chapter)” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Reagents and Standards Shipping, 10903 New Hampshire Ave., Bldg. 75, Rm. G704, Silver Spring, MD 20993-0002”.
§ 660.6 [Amended]
51. Section 660.6 is amended in paragraph (a)(2) by removing “§ 600.2” and by adding in its place “§ 600.2(c)” and in the heading of paragraph (c) by removing the word “Offical” and by adding in its place “Official”.
§ 660.22 [Amended]
52. Section 660.22 is amended in paragraph (b) by removing the words “Center for Biologics Evaluation and Research (HFM-407) (see mailing addresses in § 600.2 of this chapter)” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Reagents and Standards Shipping, 10903 New Hampshire Ave., Bldg. 75, Rm. G704, Silver Spring, MD 20993-0002”.
§ 660.36 [Amended]
53. Section 660.36 is amended as follows: a. In paragraph (a) introductory text by removing the words “(ATTN: HFM-672) (see mailing addresses in § 600.2 of this chapter)” and by adding in their place “(see mailing addresses in § 600.2(c) of this chapter)”. b. In paragraph (b) by adding the words “(see mailing addresses in § 600.2(a) of this chapter)” immediately following the words “Director, Center for Biologics Evaluation and Research”. c. In paragraph (c) by adding the words “(see mailing addresses in § 600.2(c) of this chapter)” immediately following the words “Director, Center for Biologics Evaluation and Research”.
§ 660.46 [Amended]
54. Section 660.46 is amended in paragraph (a)(2) introductory text by removing “§ 600.2” and by adding in its place “§ 600.2(c)”.
§ 660.52 [Amended]
55. Section 660.52 is amended by removing the words “Center for Biologics Evaluation and Research (HFM-407) (see mailing addresses in § 600.2 of this chapter)” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Reagents and Standards Shipping, 10903 New Hampshire Ave., Bldg. 75, Rm. G704, Silver Spring, MD 20993-0002”.
PART 680—ADDITIONAL STANDARDS FOR MISCELLANEOUS PRODUCTS 56. The authority citation for 21 CFR part 680 continues to read as follows: Authority:

21 U.S.C. 321, 351, 352, 353, 355, 360, 371; 42 U.S.C. 216, 262, 263, 263a, 264.

§ 680.1 [Amended]
57. Section 680.1 is amended as follows: a. In the last sentence of paragraph (b)(2)(iii) by removing the words “addresses in § 600.2” and by adding in their place “address in § 600.2(a) of this chapter”. b. In paragraph (b)(3)(iv) by removing the word “allergenic” and by adding in its place the word “Allergenic” and by removing the words “addresses in § 600.2” and by adding in their place “address in § 600.2(a) of this chapter”. c. In paragraph (c) by removing the words “addresses in § 600.2” and by adding in their place “address in § 600.2(a) of this chapter”.
PART 801—LABELING 58. The authority citation for 21 CFR part 801 continues to read as follows: Authority:

21 U.S.C. 321, 331, 351, 352, 360i, 360j, 371, 374.

§ 801.55 [Amended]
59. Section 801.55 is amended in paragraph (b)(1) by removing the words “Office of Communication, Outreach and Development (HFM-40), Center for Biologics Evaluation and Research, Food and Drug Administration, 1401 Rockville Pike, Suite 200N, Rockville, MD 20852-1448” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002”.
PART 807—ESTABLISHMENT REGISTRATION AND DEVICE LISTING FOR MANUFACTURERS AND INITIAL IMPORTERS OF DEVICES 60. The authority citation for 21 CFR part 807 continues to read as follows: Authority:

21 U.S.C. 321, 331, 351, 352, 360, 360c, 360e, 360i, 360j, 371, 374, 381, 393; 42 U.S.C. 264, 271.

§ 807.90 [Amended]
61. Section 807.90 is amended in paragraph (a)(2) by removing in the first sentence the words “Document Control Center (HFM-99), Center for Biologics Evaluation and Research, Food and Drug Administration, 1401 Rockville Pike, Suite 200N, Rockville, MD 20852-1448” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002” and by removing in the second sentence “at http://www.fda.gov/cber/dap/devlst.htm” and by adding in its place “by using the Center for Biologics Evaluation and Research electronic Web-based application”.
PART 812—INVESTIGATIONAL DEVICE EXEMPTIONS 62. The authority citation for 21 CFR part 812 continues to read as follows: Authority:

21 U.S.C. 331, 351, 352, 353, 355, 360, 360c-360f, 360h-360j, 371, 372, 374, 379e, 381, 382, 383; 42 U.S.C. 216, 241, 262, 263b-263n.

§ 812.19 [Amended]
63. Section 812.19 is amended in paragraph (a)(2) by removing the words “Document Control Center (HFM-99), Center for Biologics Evaluation and Research, Food and Drug Administration, 1401 Rockville Pike, Suite 200N, Rockville, MD 20852-1448” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002”.
PART 814—PREMARKET APPROVAL OF MEDICAL DEVICES 64. The authority citation for 21 CFR part 814 continues to read as follows: Authority:

21 U.S.C. 351, 352, 353, 360, 360c-360j, 371, 372, 373, 374, 375, 379, 379e, 381.

§ 814.20 [Amended]
65. Section 814.20 is amended in paragraph (h)(2) by removing the words “Document Control Center (HFM-99), Center for Biologics Evaluation and Research, Food and Drug Administration, 1401 Rockville Pike, Suite 200N, Rockville, MD 20852-1448” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002”.
§ 814.104 [Amended]
66. Section 814.104 is amended in paragraph (d)(2) by removing the words “Document Control Center (HFM-99), Center for Biologics Evaluation and Research, Food and Drug Administration, 1401 Rockville Pike, Suite 200N, Rockville, MD 20852-1448” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002”.
PART 822—POSTMARKET SURVEILLANCE 67. The authority citation for 21 CFR part 822 continues to read as follows: Authority:

21 U.S.C. 331, 352, 360i, 360l, 371, 374.

§ 822.8 [Amended]
68. Section 822.8 is amended by removing the words “Document Control Center (HFM-99), Center for Biologics Evaluation and Research, Food and Drug Administration, 1401 Rockville Pike, Suite 200N, Rockville, MD 20852-1448” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002”.
PART 1271—HUMAN CELLS, TISSUES, AND CELLULAR AND TISSUE-BASED PRODUCTS 69. The authority citation for 21 CFR part 1271 continues to read as follows: Authority:

42 U.S.C. 216, 243, 263a, 264, 271.

§ 1271.22 [Amended]
70. Section 1271.22 is amended as follows: a. In paragraph (b)(1) by removing the words “Center for Biologics Evaluation and Research (HFM-775), Food and Drug Administration, 1401 Rockville Pike, Rockville, MD 20852-1448, Attention: Tissue Establishment Registration Coordinator” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002, ATTN: Tissue Establishment Registration Coordinator”. b. In paragraph (b)(3) by removing “301-827-1800” and by adding in its place “240-402-8010”. c. In paragraph (c)(1) by removing the words “Center for Biologics Evaluation and Research (HFM-775), Food and Drug Administration, 1401 Rockville Pike, Rockville, MD 20852-1448, Attention: Tissue Establishment Registration Coordinator” and by adding in their place the words “Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002, ATTN: Tissue Establishment Registration Coordinator”. d. In paragraph (c)(2) by removing “at http://www.fda.gov/cber/tissue/tisreg.htm” and by adding in its place the words “using the CBER electronic Web-based application”.
71. Section 1271.37 is revised to read as follows:
§ 1271.37 Will establishment registrations and HCT/P listings be available for inspection, and how do I request information on registrations and listings?

(a) Any registration on Form FDA 3356 filed in paper or electronic format by each establishment will be available for public inspection through the Center for Biologics Evaluation and Research Human Cell and Tissue Establishment Registration—Public Query Web site by using the CBER electronic Web-based application or by going in person to the Food and Drug Administration, Division of Dockets Management Public Reading Room (see address in § 20.120(a) of this chapter). The following information submitted under the HCT/P requirements is illustrative of the type of information that will be available for public disclosure when it is compiled:

(1) A list of all HCT/P's;

(2) A list of all HCT/P's manufactured by each establishment;

(3) A list of all HCT/P's discontinued; and

(4) All data or information that has already become a matter of public record.

(b) You should direct your other requests for information regarding HCT/P establishment registrations and HCT/P listings to the Food and Drug Administration, Center for Biologics Evaluation and Research, Office of Communication, Outreach and Development, 10903 New Hampshire Ave., Bldg. 71, Rm. 3103, Silver Spring, MD 20993-0002.

72. Section 1271.350 is amended: a. In the first sentence of paragraph (a)(5) by removing the words “Center for Biologics Evaluation and Research (HFM-210), Food and Drug Administration, 1401 Rockville Pike, Suite 200N, Rockville, MD 20852-1448” and by adding in their place “Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002”; and b. By revising paragraph (b)(3) to read as follows:
§ 1271.350 Reporting.

(b) * * *

(3) You must report each such HCT/P deviation that relates to a core CGTP requirement on Form FDA 3486 within 45 days of the discovery of the event either electronically using the Center for Biologics Evaluation and Research electronic Web-based application or by mail to the Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002.

Dated: March 23, 2015. Leslie Kux, Associate Commissioner for Policy.
[FR Doc. 2015-07268 Filed 4-2-15; 8:45 am] BILLING CODE 4164-01-P
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Parts 200 and 235 [Docket No. FR-5829-F-01] Federal Housing Administration (FHA): Removal of Section 235 Home Ownership Program Regulations AGENCY:

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

ACTION:

Final rule.

SUMMARY:

Through this rule, HUD removes the regulations for its Section 235 Program, which authorized HUD to provide mortgage subsidy payments to lenders to assist lower-income families who are unable to meet the credit requirements generally applicable to FHA mortgage insurance programs. Authority to provide insurance to mortgagees under this program was terminated under the Housing and Community Development Act of 1987 and HUD has not provided new mortgage subsidy payments under this program since then. Because the regulations governing this program are no longer operative, they are being removed by this final rule. To the extent that any Section 235 mortgages remain in existence, or second mortgages for the recapture of subsidy payment pursuant to HUD's regulations governing the Section 235 Program (which was reserved by regulatory streamlining in 1995), the removal of these regulations does not affect the requirements for transactions entered into when Section 235 Program regulations were in effect. Assistance made available under the Section 235 Program will continue to be governed by the regulations that existed immediately before the effective date of this final rule.

DATES:

Effective May 4, 2015.

FOR FURTHER INFORMATION CONTACT:

Camille E. Acevedo, Associate General Counsel for Legislation and Regulations, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410; telephone 202-708-1793 (this is not a toll-free number). Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8389.

SUPPLEMENTARY INFORMATION:

I. Background

On August 1, 1968, the Housing and Urban Development Act of 1968 (Pub. L. 90-448) amended the National Housing Act to add a new section 235 (12 U.S.C. 1715z) (Section 235 Program). This provision authorized the Secretary to provide subsidies to reduce mortgage interest rates to as low as 1 percent and authorized a new credit assistance homeownership program for lower-income families who were unable to meet the credit requirements generally applicable to FHA mortgage insurance programs. HUD promulgated regulations implementing the Section 235 Program on January 6, 1976 (see 41 FR 1176) and codified these regulations in part 235 of title 24 of the Code of Federal Regulations (CFR). However, on February 5, 1988, the Section 235 Program was terminated under section 401(d) of the Housing and Community Development Act of 1987 (Pub. L. 100-242) and HUD ceased to make mortgage subsidy payments available under this program beginning October 1, 1989.1 In 1995, HUD removed much of part 235 from the CFR as part of HUD's effort to eliminate outdated, obsolete, or unutilized regulations, leaving only the parts that were necessary to regulate outstanding loans assisted or insured under the program. (See 60 FR 56498.) As of the date of this publication, there are only two outstanding loans remaining that were assisted or insured under this program.

1 Although the Section 235 Program was terminated, section 401(d) of the Housing and Community Development Act of 1987 permitted the Secretary to continue to refinance mortgages insured previously under section 235(r) of the National Housing Act. However, no insurance or assistance for new loans has been provided by HUD since October 1, 1989.

This Final Rule

Since authority for HUD to provide assistance or insurance to low-income borrowers under the Section 235 Homeownership Program expired on October 1, 1989, HUD is proceeding to remove Section 235 Program regulations codified in 24 CFR part 235.

Loans issued with assistance provided under Section 235 that are still outstanding will continue to be governed by the regulations in effect on May 3, 2015. Accordingly, this rule amends § 1301 (Expiring Programs—Savings Clause) of 24 CFR 200, subpart W (Administrative Matters), and adds a new paragraph (g) to § 200.1301, which preserves the Section 235 Program regulations as in effect prior to the effective date of this final rule, and continues to govern any assistance provided under the Section 235 Program before May 4, 2015.

II. Justification for Final Rulemaking

HUD generally publishes a rule for public comment before issuing a final rule for effect, in accordance with HUD's own regulations on rulemaking in 24 CFR part 10. However, part 10 provides for exceptions to the general rule if the agency finds good cause to omit advance notice and public participation. The good cause requirement is satisfied when prior public procedure is impracticable, unnecessary, or contrary to the public interest. (See 24 CFR 10.1.)

HUD finds that public notice and comment are not necessary for this rulemaking because assistance is no longer being provided under this program and, therefore, the regulations are no longer operative. For these reasons, HUD has determined that it is unnecessary to delay the effectiveness of this rule in order to solicit prior public comment.

III. Findings and Certification Regulatory Flexibility Act

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

Unfunded Mandates Reform

Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 2 requires that an agency prepare a budgetary impact statement before promulgating a rule that includes a Federal mandate that may result in the expenditure by state, local and tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year. If a budgetary impact statement is required, section 205 of UMRA also requires an agency to identify and consider a reasonable number of regulatory alternatives before promulgating a rule.3 However, the UMRA applies only to rules for which an agency publishes a general notice of proposed rulemaking pursuant to the APA.4 As discussed above, HUD has determined for good cause that the APA does not require general notice and public comment on this rule and, therefore, the UMRA does not apply to this final rule.

2 2 U.S.C. 1532.

3 2 U.S.C. 1534.

4 2 U.S.C. 1532(a).

Executive Order 13132, Federalism

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

Environmental Review

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

List of Subjects 24 CFR Part 200

Administrative practice and procedure, Claims, Equal employment opportunity, Fair housing, Home improvement, Housing standards, Incorporation by reference, Lead poisoning, Loan programs—housing and community development, Minimum property standards, Mortgage insurance, Organization and functions (Government agencies), Penalties, Reporting and recordkeeping requirements, Social security, Unemployment compensation, Wages.

24 CFR Part 235

Condominiums, Cooperatives, Grant programs—housing and community development, Low and moderate income housing, Mortgage insurance, Reporting and recordkeeping requirements.

For the reasons set forth in the preamble, and under the authority of 42 U.S.C. 3535(d), HUD amends 24 CFR parts 200 and 235 as follows:

PART 200—INTRODUCTION TO FHA PROGRAMS 1. The authority citation for part 200 continues to read as follows: Authority:

12 U.S.C. 1702-1715z-21; 42 U.S.C. 3535(d).

2. Add § 200.1301(g) to read as follows:
§ 200.1301 Expiring programs—Savings clause.

(g) Any existing loan assistance (including recapture of loan assistance), ongoing participation, or insured loans under the program listed in this paragraph will continue to be governed by the regulations in effect as they existed immediately before May 4, 2015 (24 CFR part 235, 2014 Edition):

(1) Part 235, Mortgage Insurance and Assistance Payments for Home Ownership and Project Rehabilitation (12 U.S.C. 1715z).

(2) [Reserved]

PART 235—[Removed] 3. Remove part 235. Dated: March 27, 2015. Biniam Gebre, Acting Assistant Secretary for Housing—Federal Housing Commissioner.
[FR Doc. 2015-07597 Filed 4-2-15; 8:45 am] BILLING CODE 4210-67-P
DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9717] RIN 1545-BL77 Allocation of Controlled Group Research Credit AGENCY:

Internal Revenue Service (IRS), Treasury.

ACTION:

Final and temporary regulations.

SUMMARY:

This document contains final and temporary regulations relating to the allocation of the credit for increasing research activities (research credit) to corporations and trades or businesses under common control (controlled groups)... This document also contains final and temporary regulations relating to the allocation of the railroad track maintenance credit and the election for a reduced research credit. The text of these temporary regulations also serves as the text of the proposed regulations (REG-133489-13) published in the Proposed Rules section in this issue of the Federal Register.

DATES:

Effective date: These regulations are effective April 3, 2015.

Applicability date: For dates of applicability, see §§ 1.41-6T(j), 1.45G-1T(g), and 1.280C-4T(c).

FOR FURTHER INFORMATION CONTACT:

James Holmes, at (202) 317-4137; (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

This document contains final and temporary regulations for § 1.41-6, § 1.45G-1, and § 1.280C-4 of the Income Tax Regulations (26 CFR part 1). These regulations update the rules in a manner that is consistent with the amendments made to section 41(f)(1)(A)(ii) and section 41(f)(1)(B)(ii) in Section 301(c) of the Act.

Explanation of Provisions Section 41—Research Credit

Section 41(a) provides an incremental tax credit for increasing research activities and is based on a percentage of a taxpayer's qualified research expenses over a base amount, basic research payments as determined under section 41(e)(1)(A), and amounts paid or incurred to energy research consortiums (collectively, “QREs”). Under section 41(f)(1) and § 1.41-6(b), all members of a controlled group are treated as a single taxpayer for purposes of computing the research credit for the group (group credit). Section 1.41-6(b) provides that the group credit is computed by applying all of the section 41 computational rules on an aggregate basis. Section 1.41-6(c) provides a method of allocating a group research credit among the members of the controlled group.

Section 301(c) of the Act amended section 41(f)(1)(A)(ii) and section 41(f)(1)(B)(ii) by requiring the allocation of research credits to each controlled group member “on a proportionate basis to its share of the aggregate of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums, taken into account by such controlled group for purposes of this section.” Section 301(c) of the Act applies to taxable years beginning after December 31, 2011.

Former section 41(f)(1)(A)(ii) and former section 41(f)(1)(B)(ii) provided that the research credit allowable to a controlled group member shall be its proportionate shares of the QREs giving rise to the credit. Prior to these regulations, § 1.41-6(c)(1)(i) required a controlled group to allocate the group credit in proportion to each member's stand-alone entity credit, as defined in § 1.41-6(c)(2), in cases in which the group credit does not exceed the sum of the stand-alone entity credits of all of the members. If the group credit does exceed this sum, then the excess of the group credit over the sum of the stand-alone entity credits of all of the members was allocated in proportion to the QREs of the members of the controlled group. See § 1.41-6(c)(1)(ii).

Notice 2013-20 (2013-15 IRB 902 (April 8, 2013)) was released on March 9, 2013, to provide interim guidance relating to the allocation of the controlled group research credit and is effective for taxable years beginning after December 31, 2011. Notice 2013-20 provides that the group credit is allocated to group members based on each member's share of QREs, without regard to whether the member would have a stand-alone entity credit or what the amount of any such credit would be.

The final and temporary regulations implement the Act's changes to the allocation of the controlled group research credit by revising the allocation method in § 1.41-6(c), (d), and (e). Section 1.41-6T(c) provides an allocation method that follows the approach taken in Notice 2013-20. Section 1.41-6T(c) provides that the group credit is allocated to group members based on a member's proportionate share of the controlled group's aggregate QREs. Members are no longer required to calculate a stand-alone entity credit. The temporary regulations also remove references to the stand-alone entity credit in § 1.41-6(d)(1) and (3). New examples are provided in § 1.41-6T(e). The first example illustrates a general application of the allocation method provided in these temporary regulations. The second example demonstrates an allocation under these temporary regulations where a consolidated group is treated as a single member of a controlled group pursuant to § 1.41-6T(d).

A commenter to Notice 2013-20 suggested that the IRS adopt a safe harbor under § 1.41-6(c) that permits taxpayers to calculate and allocate group credits for taxable years ending prior to January 1, 2013, under the new law. The commenter's proposal would effectively make the Act's amendments retroactive to before the effective date of the statutory change (change effective for taxable years beginning after December 31, 2011). Therefore, the regulations do not adopt this suggestion for taxable years beginning before January 1, 2012. For taxable years beginning before January 1, 2012, taxpayers must apply the rules applicable to such taxable years.

Section 45G—Railroad Track Maintenance Credit (RTMC)

Section 45G, subject to limitations, generally provides a RTMC in an amount equal to fifty percent of the qualified railroad track maintenance expenditures paid or incurred by an eligible taxpayer during the year. Section 45G(e)(2) provides, for controlled groups, that rules similar to the rules of section 41(f)(1) shall apply for purposes of section 45G. Section 1.45G-1(f) provides guidance on determining the amount of RTMC under section 45G if a taxpayer is a member of a controlled group. Section 1.45G-1(f) applies rules similar to the rules of § 1.41-6 for allocating a group RTMC.

The temporary regulations add § 1.45G-1T(f)(4) to provide an allocation method for the RTMC that is consistent with the Act's amendments to section 41(f)(1). Section 1.45G-1T(f)(5)(i) and (ii) of the temporary regulations remove references to the stand-alone entity credit.

Section 280C(c)—Credit for Increasing Research Activities

Section 280C(c)(1) generally disallows otherwise allowable deductions for QREs in an amount equal to the research credit determined under 41(a) for a taxable year. Section 280C(c)(3) provides a method to elect a reduced amount of research credit. Section 280C(c)(4) provides, by reference to section 280C(b)(3), that in the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 41(f)(5)) or a trade or business treated as being under common control with other trades or business (within the meaning of section 41(f)(1)(B)), section 280C(c) shall be applied under rules prescribed by the Secretary similar to the rules applicable under section 41(f)(1)(A) and (B). Section 1.280C-4(b) relates to the election under section 280C(c)(3) that a member of a controlled group may make. Section 1.280C-4(b)(2) contains an example that includes references to the rules in § 1.41-6(c). The temporary regulations update the example in § 1.280C-4(b)(2) because it describes the rules of section 41(f) in effect before the Act's amendments.

Effect on Other Documents

Notice 2013-20 (2013-15 IRB 902) is obsolete for taxable years beginning on or after April 3, 2015.

Effective/Applicability Dates

The temporary regulations are applicable for taxable years beginning on or after April 3, 2015 and expire on April 2, 2018. A taxpayer may apply §§ 1.41-6T, 1.45G-1T, and 1.280C-4T to taxable years beginning after December 31, 2011, but before April 3, 2015. For a taxpayer that does not apply these temporary regulations to a taxable year beginning after December 31, 2011, but before April 3, 2015, the guidance that applies to such taxable year is contained in Notice 2013-20 (2013-15 IRB 902).

Special Analyses

It has been determined that this Treasury decision is not a significant regulatory action as defined in Executive Order 12866, as supplemented by Executive Order 13563. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations. For the applicability of the Regulatory Flexibility Act (5 U.S.C. chapter 6), refer to the Special Analyses section of the preamble to the cross-referenced notice of proposed rulemaking published in the Proposed Rules section in this issue of the Federal Register. Pursuant to section 7805(f) of the Code, these regulations have been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on their impact on small business.

Drafting Information

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

List of Subjects in 26 CFR Part 1

Income taxes, Reporting and recordkeeping requirements.

Amendments to the Regulations

Accordingly, 26 CFR part 1 is amended as follows:

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

26 U.S.C. 7805 * * *

Section 1.41-6T also issued under 26 U.S.C. 41(f)(1) * * *

Section 1.45G-1T also issued under 26 U.S.C. 45G(e)(2) * * *

Section 1.280C-4T also issued under 26 U.S.C. 280C(c)(4) * * *

Par. 2. Section 1.41-0 is amended by removing the entries in the table of contents for § 1.41-6(c)(1) and § 1.41-6(c)(2) and adding an entry for §§ 1.41-6(j)(4) and (5) to read as follows:
§ 1.41-0. Table of contents.

(j) * * *

(4) Taxable years beginning after December 31, 2011.

(5) Taxable years ending before January 1, 2012.

Par. 3. Section 1.41-6 is amended by revising paragraphs (c), (d)(1) and (3), and (e) and adding paragraphs (j)(4) and (5) to read as follows:
§ 1.41-6. Aggregation of expenditures.

(c) [Reserved]. For further guidance, see § 1.41-6T(c).

(d) * * *

(1) [Reserved]. For further guidance, see § 1.41-6T(d)(1).

(3) [Reserved]. For further guidance, see § 1.41-6T(d)(3).

(e) [Reserved]. For further guidance, see § 1.41-6T(e).

(j) * * *

(4) Taxable years beginning after December 31, 2011. [Reserved]. For further guidance, see § 1.41-6T(j)(4).

(5) Taxable years ending before January 1, 2012. [Reserved]. For further guidance, see § 1.41-6T(j)(5).

Par. 4. Section 1.41-6T is added to read as follows:
§ 1.41-6T. Aggregation of expenditures (temporary).

(a) through (b) [Reserved]. For further guidance, see § 1.41-6(a) through (b).

(c) Allocation of the group credit. The group credit is allocated to each member of the controlled group on a proportionate basis to its share of the aggregate of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums (collectively “QREs” for purposes of paragraphs (c), (d), and (e) of this section) taken into account for the taxable year by such controlled group for purposes of the credit.

(d) Special rules for consolidated groups—(1) In general. For purposes of applying paragraph (c) of this section, members of a consolidated group who are members of a controlled group are treated as a single member of the controlled group.

(2) [Reserved]. For further guidance, see § 1.41-6(d)(2).

(3) Special rule for allocation of group credit among consolidated group members. The portion of the group credit that is allocated to a consolidated group is allocated to each member of the consolidated group on a proportionate basis to its share of the aggregate of the QREs taken into account for the taxable year by such consolidated group for purposes of the credit.

(e) Examples. The following examples illustrate the provisions of paragraphs (c) and (d) of this section.

Example 1.

Controlled group. A, B, and C are a controlled group. A had $100x, B $300x, and C $500x of qualified research expenses for the year, totaling $900x for the group. A, in the course of its trade or business, also made a payment of $100x to an energy research consortium for energy research. The group's QREs total 1000x and the group calculated its total research credit to be $60x for the year. Based on each member's proportionate share of the controlled group's aggregate QREs, A is allocated $12x, B $18x, and C $30x of the credit.

Example 2.

Consolidated group is a member of controlled group. The controlled group's members are D, E, F, G, and H. F, G, and H file a consolidated return and are treated as a single member (FGH) of the controlled group. D had $240x, E $360x, and FGH $600x of qualified research expenses for the year ($1,200x aggregate). The group calculated its research credit to be $100x for the year. Based on the proportion of each member's share of QREs to the controlled group's aggregate QREs for the taxable year D is allocated $20x, E $30x, and FGH $50x of the credit. The $50x of credit allocated to FGH is then allocated to the consolidated group members based on the proportion of each consolidated group member's share of QREs to the consolidated group's aggregate QREs. F had $120x, G $240x, and H $240x of QREs for the year. Therefore, F is allocated $10x, G is allocated $20x, and H is allocated $20x.

(f) through (i) [Reserved]. For further guidance, see § 1.41-6(f) through (i).

(j)(1) through (3) [Reserved]. For further guidance, see § 1.41-6(j)(1) through (3).

(4) Taxable years beginning after December 31, 2011. Section 1.41-6T is applicable for taxable years beginning on or after April 3, 2015. Taxpayers may apply § 1.41-6T to taxable years beginning after December 31, 2011, but before April 3, 2015. For a taxpayer that does not apply § 1.41-6T to a taxable year beginning after December 31, 2011, but before April 3, 2015, the guidance that applies to such taxable year is contained in Notice 2013-20 (2013-15 IRB 902).

(5) Taxable years beginning before January 1, 2012. See § 1.41-6 as contained in 26 CFR part 1, revised April 1, 2014.

(6) Expiration date. The applicability of § 1.41-6T expires on April 2, 2018.

Par. 5. Section 1.45G-0 is amended by removing the entries in the table of contents for § 1.45G-1(f)(4)(i) and § 1.45G-1(f)(4)(ii) and adding an entry in the table of contents for §§ 1.45G-1(g)(4) and (5) to read as follows:
§ 1.45G-0. Table of contents for the railroad track maintenance credit.

(g) * * *

(4) Taxable years beginning after December 31, 2011.

(5) Taxable years beginning before January 1, 2012.

Par. 6. Section 1.45G-1 is amended by revising paragraphs (f)(4) and (f)(5)(i) and (ii) and adding paragraphs (g)(4) and (5) to read as follows:
§ 1.45G-1. Railroad track maintenance credit.

(f) * * *

(4) [Reserved]. For further guidance, see § 1.45G-1T(f)(4).

(5) [Reserved]. For further guidance see § 1.45G-1T(f)(5).

(g) * * *

(4) Taxable years beginning after December 31, 2011. [Reserved]. For further guidance see § 1.45G-1T(g)(4).

(5) Taxable years beginning before January 1, 2012. [Reserved]. For further guidance see § 1.45G-1T(g)(5).

Par. 7. Section 1.45G-1T is added to read as follows:
§ 1.45G-1T. Railroad track maintenance credit (temporary).

(a) through (e) [Reserved]. For further guidance, see § 1.45G-1(a) through (e).

(f)(1) through (3) [Reserved]. For further guidance, see § 1.45G-1(f)(1) through (3).

(4) Allocation of the group credit. The group credit is allocated to each member of the controlled group on a proportionate basis to its share of the aggregate of the QRTMEs taken into account for the taxable year by such controlled group for purposes of the credit.

(5) Special rules for consolidated groups—(i) In general. For purposes of applying paragraph (f)(4) of this section, members of a consolidated group who are members of a controlled group are treated as a single member of the controlled group.

(ii) Special rule for allocation of group credit among consolidated group members. The portion of the group credit that is allocated to a consolidated group is allocated to each member of the consolidated group on a proportionate basis to its share of the aggregate of the QRTMEs taken into account for the taxable year by such consolidated group for purposes of the credit.

(6) through (8) [Reserved]. For further guidance, see § 1.45G-1(f)(6) through (8).

(g)(1) through (3) [Reserved]. For further guidance, see § 1.45G-1(g)(1) through (3).

(4) Taxable years beginning after December 31, 2011. Section 1.45G-1T is applicable for taxable years beginning on or after April 3, 2015. Taxpayers may apply § 1.45G-1T to taxable years beginning after December 31, 2011, but before April 3, 2015. For a taxpayer that does not apply § 1.45G-1T to a taxable year beginning after December 31, 2011, but before April 3, 2015, the guidance that applies to such taxable year is contained in Notice 2013-20 (2013-15 IRB 902).

(5) Taxable years ending before January 1, 2012. See § 1.45-1 as contained in 26 CFR part 1, revised April 1, 2014.

(6) Expiration date. The applicability of § 1.45G-1T expires on April 2, 2018.

Par. 8. Section 1.280C-4 is amended by revising paragraph (b)(2), redesignating paragraph (c) as (c)(1) and adding paragraphs (c)(2) and (3) to read as follows:
§ 1.280C-4. Credit for increasing research activities.

(b) * * *

(2) [Reserved]. For further guidance, see § 1.280C-4T(b)(2).

(c) * * *

(2) [Reserved]. For further guidance, see § 1.280C-4T(c)(2).

(3) [Reserved]. For further guidance, see § 1.280C-4T(c)(3).

Par. 9. Section 1.280C-4T is added to read as follows:
§ 1.280C-4T. Credit for increasing research activities (temporary).

(a) [Reserved]. For further guidance, see § 1.280C-4(a).

(b) Controlled groups of corporations; trades or businesses under common control. (1) [Reserved]. For further guidance, see § 1.280C-4(b)(1).

(2) Example.

The following example illustrates an application of paragraph (b) of this section: A, B, and C, all of which are calendar year taxpayers, are members of a controlled group of corporations (within the meaning of section 41(f)(5)). A, B, and C each attach a statement to the 2012 Form 6765, “Credit for Increasing Research Activities,” showing A and C were the only members of the controlled group to have qualified research expenses when calculating the group credit. A and C report their allocated portions of the group credit on the 2012 Form 6765 and B reports no research credit on Form 6765. Pursuant to § 1.280C-4(a), A and B, but not C, each make an election for the reduced credit under section 280(c)(3)(B) on the 2012 Form 6765. In December 2013, B determines it had qualified research expenses in 2012 resulting in an increased group credit. On an amended 2012 Form 6765, A, B, and C each report their allocated portions of the group credit. B reports its credit as a regular credit under section 41(a) and reduces the credit under section 280C(c)(3)(B). C may not reduce its credit under section 280(c)(3)(B) because C did not make an election for the reduced credit with its original return.

(c)(1) [Reserved]. For further guidance see § 1.280C-4(c)(1).

(2) Taxable years beginning after December 31, 2011. Section 1.280C-4T is applicable for taxable years beginning on or after April 3, 2015. Taxpayers may apply § 1.280C-4T to taxable years beginning after December 31, 2011, but before April 3, 2015. For a taxpayer that does not apply § 1.280C-4T to a taxable year beginning after December 31, 2011, but before April 3, 2015, the guidance that applies to such taxable year is contained in Notice 2013-20 (2013-15 IRB 902).

(3) For taxable years ending before January 1, 2012. See § 1.280C-4 as contained in 26 CFR part 1, revised April 1, 2014.

(4) Expiration date. The applicability of paragraph (b)(2) expires on April 2, 2018.

John Dalrymple, Deputy Commissioner for Services and Enforcement. Approved: March 16, 2015. Mark J. Mazur, Assistant Secretary of the Treasury (Tax Policy).
[FR Doc. 2015-07331 Filed 4-2-15; 8:45 am] BILLING CODE 4830-01-P
DEPARTMENT OF JUSTICE 28 CFR Part 16 [Docket No. OAG 140; AG Order No. 3517-2015] RIN 1105-AB27 Revision of Department's Freedom of Information Act Regulations AGENCY:

Department of Justice.

ACTION:

Final rule.

SUMMARY:

This rule amends the Department's regulations under the Freedom of Information Act (“FOIA”). The regulations have been revised to update and streamline the language of several procedural provisions and to incorporate changes brought about by the amendments to the FOIA under the OPEN Government Act of 2007. Additionally, the regulations have been updated to reflect developments in the case law and to include current cost figures to be used in calculating and charging fees.

DATES:

Effective May 4, 2015.

FOR FURTHER INFORMATION CONTACT:

Lindsay Roberts, Attorney-Advisor, Office of Information Policy, (202) 514-3642.

SUPPLEMENTARY INFORMATION: Background Information

On March 21, 2011, the Department of Justice published a proposed rule to revise its existing regulations under the FOIA. See 76 FR 15236. On September 19, 2011, the Department reopened the comment period for another thirty days in order to consider additional public comments. See 76 FR 57940.

Comments

Interested persons were afforded the opportunity to participate in the rulemaking process through submission of written comments to the proposed rule during the two open comment periods. In total, the Department received fifteen public submissions in response to its proposed rule, including comments from another agency as well as internal comments from components of the Department. Due consideration has been given to each of the comments received and, in response, the Department has made several modifications to the rule. These modifications include clarifying, revising, or expanding various provisions, withdrawing a provision, retaining existing language for certain other provisions, and making technical edits, such as correcting Web site links.

General Provisions

As an initial matter, the Department has decided that the final regulations will reference the Department's policy to encourage discretionary releases of information whenever disclosure would not foreseeably harm an interest protected by a FOIA exemption.

Some commenters suggested the inclusion of provisions that would merely duplicate certain statutory requirements, such as adding provisions describing the FOIA's standards for tolling of requests or delineating the statutory duties of FOIA Public Liaisons. Other than those instances where the Department believed it was important for emphasis, in order to streamline these regulations the Department has intentionally not simply repeated statutory provisions. These regulations implement the FOIA as well as the Office of Management and Budget's Uniform Freedom of Information Act Fee Schedule and Guidelines, 52 FR 10012 (Mar. 27, 1987) (“OMB Guidelines”), and should be read in conjunction with those authorities. The regulations are not meant to duplicate or to serve as a substitute for these sources.

Fee-Related Provisions

Several public submissions contained comments regarding the Department's assessment of fees. As a general matter, the Department notes that the fee provisions are written to conform with the OMB Guidelines, which establish uniform standards for fee matters. Conformity with the OMB Guidelines is required by the FOIA. See 5 U.S.C. 552(a)(4)(A)(i).

One commenter questioned the specific dollar amount that he had been charged by one Department component for producing records on compact discs (“CDs”) as well as the volume of material that was loaded onto each CD. In accordance with the OMB Guidelines, see 52 FR at 10018, the Department's current regulations provide (without specifying a dollar amount) for the assessment of “direct costs,” meaning the actual cost of producing the media, incurred by the component when producing records in a format other than paper. The direct costs of producing records on CD may include scanning paper records into an electronic format and conducting requisite security scans in addition to the cost associated with the blank CD. Section 16.10(c)(2) of the final rule, which allows components to charge “direct costs” for non-paper media, gives components flexibility to adjust fees as the costs of providing records in a specified format change over time. This same flexibility allows components to adjust the volume of material loaded onto each CD to ensure that requesters receive material as efficiently as possible. The expectation is that with technological advances, components will pass along the reduced costs to requesters contemporaneously, without first necessitating a change in the regulation. Accordingly, this regulation is not the proper venue for determining the specific dollar amount that components should charge or the volume of material that should be loaded onto each CD.

Several commenters expressed concerns about the increase in search fees. In contrast to the use of “direct costs” for responding to a request for non-paper media, search fees are assessed on a uniform basis throughout the Department in accordance with the OMB Guidelines and are largely salary-based. See 52 FR at 10018. The Department has reexamined the rates using a formula for search and review fees that takes into account current pay rates for different levels of staff involved in processing FOIA requests. The revised rule changes the “administrative” staff category to “clerical/administrative” to account for work performed by either clerical or administrative staff who may assist FOIA professionals in searching for responsive records. As a result of these adjustments, while there is a small increase in the rates from our existing regulations, we were able to reduce the rates from those originally proposed. Updating these costs is consistent with the OMB Guidelines, which provide that “[a]gencies should charge fees that recoup the full allowable direct costs they incur.” Id. While certain costs are now higher than when last calculated 13 years ago, the revised fee schedule includes a decrease in duplication fees due to advances in technology. The Department includes in the revised regulations a directive that components “ensure that searches, review, and duplication are conducted in the most efficient and the least expensive manner.” § 16.10(a). For greater emphasis, the Department moves that directive in the final rule from the definition paragraph in proposed § 16.10 to the introductory paragraph in the final rule.

One commenter recommended that proposed § 16.10(b)(3) contain the statement, included in the existing version of that paragraph, 28 CFR 16.11(b)(3), that “[c]omponents shall honor a requester's specified preference of form or format.” The requirement to honor a requester's specified form or format preference is now located in § 16.10(c)(2), concerning charging duplication fees, which is a more appropriate location.

Some commenters expressed concern regarding the provisions that govern fees for educational institutions. The FOIA provides in relevant part that “fees shall be limited to reasonable standard charges for document duplication when records are not sought for commercial use and the request is made by an educational or noncommercial scientific institution, whose purpose is scholarly or scientific research.” 5 U.S.C. 552(a)(4)(A)(ii)(II). In other words, such a requester may not be charged fees for searches or review.

One commenter took issue with proposed § 16.10(b)(4), concerning the definition of the term educational institution. Specifically, the commenter objected to the phrase indicating that the educational institution must “operate[] a program of scholarly research” and argued that this requirement would effectively exclude various types of schools other than universities. The commenter mistakenly asserted that the provision would be new; in fact, not only is it not new, but the requirement that an educational institution have as its purpose “scholarly” research derives from the FOIA itself, see 5 U.S.C. 552(a)(4)(A)(ii)(II), and the specific language was taken directly from the OMB Guidelines. 52 FR at 10018; see also id. at 10014 (addressing rationale for this requirement). As the OMB Guidelines note, whether a school qualifies must be determined on a case-by-case basis:

As a practical matter, it is unlikely that a preschool or elementary or secondary school would be able to qualify for treatment as an “educational” institution since few preschools, for example, could be said to conduct programs of scholarly research. But, agencies should be prepared to evaluate requests on an individual basis when requesters can demonstrate that the request is from an institution that is within the category, that the institution has a program of scholarly research, and that the documents sought are in furtherance of the institution's program of scholarly research and not for a commercial use. 52 FR at 10014.

Two commenters objected to the provision in proposed § 16.10(b)(4) stating that “[r]ecords requested for the intention of fulfilling credit requirements are not considered to be sought for a scholarly purpose.” This requirement is also taken from the OMB Guidelines, which distinguish individual research goals from an institution's research goals. The addition of this language was intended to reflect longstanding Department practice and to alleviate any confusion among student requesters. The statute indicates that the relevant question is whether the request is made “by an educational or noncommercial scientific institution.” 5 U.S.C. 552(a)(4)(A)(ii)(II). The OMB Guidelines address how that inquiry is to be made:

Agencies should ensure that it is apparent from the nature of the request that it serves a scholarly research goal of the institution, rather than an individual goal. Thus, for example, a request from a professor of geology at a State university for records relating to soil erosion, written on letterhead of the Department of Geology, could be presumed to be from an educational institution. A request from the same person for drug information from the Food and Drug Administration in furtherance of a murder mystery he is writing would not be presumed to be an institutional request, regardless of whether it was written on institutional stationary [sic] . . . .

The institutional versus individual test would apply to student requests as well. A student who makes a request in furtherance of the completion of a course of instruction is carrying out an individual research goal and the request would not qualify, although the student in this case would certainly have the opportunity to apply to the agency for a reduction or waiver of fees.

52 FR at 10014.

The final rule clarifies this provision by replacing the sentence that commenters flagged with a series of examples based on the OMB Guidelines discussion quoted above, thereby making clear that this inquiry applies to professors as well. Students and professors who do not qualify for reduced fees under this provision, and who do not seek the records for a commercial use, will, of course, be afforded the benefits of the two free hours of search time and one hundred pages of duplication without cost that are afforded to any other non-commercial use requester. See § 16.10(d)(4) of the final rule. And like all requesters, they may apply for a fee waiver under the fee waiver provision of the FOIA, pursuant to § 16.10(k) of the final rule.

One commenter suggested that the provision in proposed § 16.10(b)(6) stating that “[a] component's decision to grant a requester media status will be made on a case-by-case basis based upon the requester's intended use” should be deleted. The Department agrees and believes that the language is better placed under the definition of a “commercial use” requester. In the OMB Guidelines, the requester's intended use of the requested records determines whether the requester will fall within the “commercial use” fee category, or one of the other categories. See 52 FR at 10013, 10017-18. As the OMB Guidelines explain, “it is possible to envision a commercial enterprise making a request that is not for a commercial use” and “[i]t is also possible that a non-profit organization could make a request that is for a commercial use.” Id. at 10013. To make this point clearer, the Department moves the reference to case-by-case determinations to the “commercial use” definition. Within the definition of “representative of the news media,” the Department retains the statement from its existing regulations that “a request for records supporting the news-dissemination function of the requester shall not be considered to be for a commercial use.”

This commenter also suggested including a reference to news organizations that operate solely on the Internet in the list of examples of “representatives of the news media.” The Department concurs and adds such an example.

Another commenter suggested that the definition of “representative of the news media” in proposed § 16.10(b)(6) should not require that the person or entity be “organized and operated to publish or broadcast news.” This requirement is being retained because it comes directly from the definition of “representative of the news media” in the OMB Guidelines, see 52 FR at 10018, which is in turn based on the statute's inclusion of the term “news” in this fee category, see id. at 10015.

One commenter suggested that proposed § 16.10(c)(1)(iii), regarding the direct costs associated with creating computer programs to extract information, require that requesters be notified of any such costs before the costs are incurred. The Department agrees and revises this provision accordingly. Another commenter suggested that the regulations address the provision of the OPEN Government Act of 2007, codified at 5 U.S.C. 552(a)(4)(A)(viii), that limits the charging of fees in certain instances where time limits are not met. This statutory provision, in fact, has been expressly addressed in proposed § 16.10(d)(2), which sets forth restrictions on charging fees.

One commenter suggested that under proposed § 16.10(e), when components notify requesters of anticipated fees in excess of $25.00, they provide non-commercial use requesters with their statutory entitlements of one hundred free pages and, when search fees are assessed, their two hours of free search time or the cost equivalent. The Department believes that requesters should be apprised of the option to receive their statutory entitlements regardless of whether estimated fees exceed $25.00 and has revised the provision to account for that. However, the Department believes it is preferable not to require components to perform the statutorily entitled free search and duplication before the requester responds to the notice because it would not be an efficient use of limited FOIA resources, inasmuch as the requester might choose to revise the request after receipt of the notice. The Department also adds a provision to permit requesters to designate a specific amount of fees that they are willing to pay. If it turns out that the total cost of processing the request is higher, the component must still process the request up to the amount of fees the requester agreed to pay, unless the requester withdraws the request. Finally, the Department adds language to clarify that when a requester has indicated a willingness to pay some amount of fees, the time to respond is tolled when the Department informs the requester that the total cost of processing the request is higher than the amount the requester indicated a willingness to pay. Once the agency receives the requester's response to the notice, the time to respond to the request will resume from where it was at the date of the notification.

One commenter suggested that Department components should make fee waiver determinations based “on the face of the request” under proposed § 16.10(k) and not defer such decisions “until after search costs are incurred.” The commenter misinterprets the effect of the six factors contained in proposed § 16.10(k). The regulations do not provide for the assessment of fees as part of the process of making a fee waiver determination. Rather, the six factors set out in the regulations guide Department components in applying the statutory standard for waiving fees. Requesters do not incur any charge as a result of this process.

Another commenter suggested that the Department delete the word “ordinarily” from proposed § 16.10(k)(2)(iii), concerning the third fee waiver factor, which discusses whether disclosure will contribute to public understanding of the subject. The Department accepts this comment and reinstates the original language: “It shall be presumed that a representative of the news media will satisfy this consideration.”

This commenter also suggested reinstatement of language in the existing regulations regarding presumptions about disclosures made to data brokers. The Department agrees and reinstates that language in § 16.10(k)(3)(ii) as well as the related language about presumptions regarding disclosure to the news media.

One commenter suggested adding a provision containing a statement that components may waive fees as a matter of discretion. The FOIA establishes a standard for waiver or reduction of fees. The Department's regulations are intended to define the manner in which this standard is to be applied. In some cases, components may need to make discretionary judgments, but they must do so within the confines of the statutory standard.

An agency commenter suggested that proposed § 16.10(e) be revised to include a provision that when components notify requesters of the actual or estimated amount of fees that they include in that estimate a breakdown of the fees for search, review, or duplication. The Department agrees and makes that revision.

Exclusion Provision

A number of commenters raised concerns regarding proposed § 16.6(f)(2), which pertained to responses to requests involving records excluded from the requirements of the FOIA by 5 U.S.C. 552(c). Section 552(c), enacted as an amendment to the FOIA in 1986, see Public Law 99-570, secs. 1801-04, 100 Stat. 3207, provides special protection for three categories of particularly sensitive law enforcement records. The first exclusion protects against disclosure of a pending criminal law enforcement investigation where there is reason to believe that the target is unaware of the investigation and disclosure of its existence could reasonably be expected to interfere with enforcement proceedings. The second exclusion, which applies only to records maintained by criminal law enforcement agencies, protects against disclosure of unacknowledged, confidential informants. The third exclusion, which applies only to the Federal Bureau of Investigation, protects against disclosure of foreign intelligence or counterintelligence, or international terrorism records, when the existence of those records is classified.

Proposed § 16.6(f)(2) provided as follows: “When a component applies an exclusion to exclude records from the requirements of the FOIA pursuant to 5 U.S.C. 552(c), the component utilizing the exclusion will respond to the request as if the excluded records did not exist. This response should not differ in wording from any other response given by the component.” Commenters suggested that this language would impede governmental transparency and accountability.

Proposed § 16.6(f)(2) was intended to incorporate guidance issued more than 20 years ago by Attorney General Edwin Meese. See Attorney General's Memorandum on the 1986 Amendments to the Freedom of Information Act 18-30 (December 1987), available at http://www.justice.gov/oip/86agmemo.htm (“Meese Guidance”). The Meese Guidance provided, among other things, that where the only records responsive to a request were excluded from the FOIA by statute, that “a requester can properly be advised in such a situation that `there exist no records responsive to your FOIA request.' ” Id. at 27. The Meese Guidance also advised agencies that they must ensure that their FOIA responses are consistently worded so that a requester is not able to determine from the wording of a response that an exclusion was invoked. See id.

In September 2012, in order to bring greater awareness to the public about the existence and effect of these statutory provisions, the Office of Information Policy (“OIP”) issued guidance outlining the steps all agencies should take to ensure proper implementation of exclusions and setting forth the new requirements for their use. See Office of Information Policy, “Implementing FOIA's Statutory Exclusion Provisions” (September 14, 2012), available at http://www.justice.gov/oip/foiapost/2012foiapost9.html (“OIP Exclusion Guidance”).

The OIP Exclusion Guidance establishes a new approach for all agencies to take when responding to requests, in lieu of the approach that had been set forth in proposed § 16.6(f)(2). Specifically, all agency components that maintain criminal law enforcement records now include a notification in their FOIA response letters advising requesters that Congress excluded certain records from the requirements of the FOIA and that the agency's response addresses those records that are subject to the requirements of the FOIA. The Department instructed these law enforcement components to include the following language in response to all FOIA requests:

For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. 552(c) (2006 & Supp. IV 2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist. See OIP Exclusion Guidance.

As explained in greater length in the OIP Exclusion Guidance, the Department believes that the use of this language addresses the concerns raised by the commenters who had criticized proposed § 16.6(f)(2), while preserving the integrity of the sensitive law enforcement records at stake.

The final rule retains two provisions in the proposed rule aimed at ensuring proper use of exclusions. Before applying an exclusion, the component must first obtain approval from OIP. See § 16.6(g)(1). Furthermore, any component invoking an exclusion must maintain records of its use and approval. See § 16.6(g)(2). These provisions are intended to enhance accountability in the use of exclusions.

One commenter suggested that the last sentence of proposed § 16.4(a), which provides that “[a] record that is excluded from the requirements of the FOIA pursuant to 5 U.S.C. 552(c), shall not be considered responsive to a request” should be changed to say that the records “may not be considered responsive.” This sentence was designed to provide notice that records determined by a component to be properly subject to an exclusion are not considered to be responsive to the FOIA request. The FOIA provides that agencies “may,” under certain defined circumstances, treat records “as not subject to the requirements of [the FOIA],” 5 U.S.C. 552(c). As a result, components may choose not to apply an exclusion even if the FOIA would allow them to do so. This provision addresses those situations where a component does decide to lawfully apply an exclusion. The provision makes clear that in those cases the excluded records are not responsive to the request. For clarity, we have changed the wording in the final rule to replace the word “shall” with “is” so that the regulation more clearly conveys that it is addressing the consequence of those situations where a component has decided to apply an exclusion.

An agency commenter suggested that requiring components to obtain OIP approval before applying an exclusion would conflict with OIP's role as the adjudicator of any subsequent administrative appeal. The commenter questioned whether, if OIP approved the use of an exclusion beforehand, it could review impartially its own decision on appeal. The commenter therefore recommended that components be required only to consult with OIP, rather than obtain its approval, before applying an exclusion. The Department declines to make this change. OIP is both a guidance office and an appeal authority, and aims to assist components as early as possible in the process to ensure that requests are processed properly and to obviate the need for appeals where possible. In light of the importance of invoking exclusions properly, the Department believes it is critical that OIP approve their use beforehand, given that only a subset of requesters file administrative appeals.

Other Provisions Section 16.2 (Proactive Disclosure of Department Records)

One commenter expressed concern that the proposed rule removes a reference to the requirement that records required to be made available for public inspection be indexed as well. In fact, the rule does not remove this requirement; rather, it states that each component is responsible for posting and indexing such records, and for updating posted records and indices on an ongoing basis.

The same commenter suggested that proposed § 16.2 should be modified to require that Department components post online the responses to all FOIA requests that do not involve individuals seeking access to their own records. The Department encourages the posting of all records, particularly records likely to be of interest to the public. However, given that resources are needed to properly code records for posting, it is important that Department components retain flexibility to decide how best to use those resources, including flexibility to use other options such as posting logs of FOIA responses.

Section 16.3 (Requirements for Making a Request)

One commenter expressed concern that proposed § 16.3(a) “will allow the agency to summarily deny requests when the requester fails to write to the correct `FOIA office of the Department component.'” This scenario was not the intention of that provision, nor will it be a consequence of the provision. Indeed, as noted in § 16.5(a) of the proposed regulations and as is contemplated in the FOIA itself, components are expected to re-route misdirected requests to the proper component. See 5 U.S.C. 552(a)(6)(A)(ii). For emphasis, the Department adds a new § 16.4(c) that expressly states the obligation to re-route misdirected requests.

In addition, the Department adds language to the provision to explain that the requester will receive the quickest response if the request is directed to the component that maintains the records. Requesters have another option as well. For any requester who is uncertain as to which Department component may maintain responsive records, or who simply chooses to do so, proposed § 16.3(a)(2) provides the requester with the option of submitting the request to the FOIA/PA Mail Referral Unit, which will then direct the request to the component(s) that it determines is most appropriate. The Mail Referral Unit is a long-standing service the Department provides to assist requesters who are uncertain as to where to direct their requests.

The same commenter asserted that proposed § 16.3(a)(3), which requires the submission of a certification of identity for first-party requesters and references the Department's Privacy Act regulation in subpart D on that point, should be clarified as only applying to U.S. citizens or lawful alien residents. This provision of the regulations is intended to apply to all first-party requesters, regardless of their country of origin and is intended to protect the privacy of individuals. The reference to subpart D of the regulations is merely meant to inform requesters as to the location of the requirements for verifying their identities when making requests for their own records. As a matter of policy, the Department requires verification of identity for all first-party requesters, not just requesters who are covered by the Privacy Act, to appropriately protect the privacy of all individuals and ensure that an individual's private records are not improperly disclosed to a third party. This is not a new requirement and is in the existing regulations.

One commenter expressed concern that the change in language proposed for § 16.3(c), (redesignated as § 16.3(b) in the final rule), which addresses the requirement to reasonably describe the records sought, would “establish new barriers to access.” That was not the Department's intention. We revise this section to conform to the existing regulations and add further resources for requesters to assist them in reasonably describing the records they seek. The section now provides that requesters may discuss their requests with the component's FOIA contact or its FOIA Public Liaison in advance of making a request, as well as to clarify a request already made. Further, requesters may also contact a representative of OIP for assistance. All these officials will be available to assist requesters in reasonably describing the records sought.

Section 16.4 (Responsibility for Responding to Requests)

One commenter noted that the proposed rule deleted existing § 16.7 concerning classified information. This commenter also indicated that it was unclear whether the citation to part 17 in proposed § 16.4(d) (redesignated as § 16.4(e) in the final rule) reflects the Department's obligations with respect to such material. The Department further clarifies this provision to make clear that, in responding to requests for classified information, the component must determine whether the information remains currently and properly classified.

With respect to proposed § 16.4(e) (now incorporated into § 16.4(d) in the final rule), regarding notice of referrals, one commenter was concerned with the reference to protecting the identities of recipients of document referrals when disclosure of the recipient would itself disclose a sensitive, exempt fact. In the intervening period since the close of the second comment period, the Department has issued new guidance on consultations and referrals that requires agencies to use coordination procedures, rather than making a referral, if the recipient cannot be identified due to law enforcement or national security concerns. As a result, this provision, as well as proposed § 16.4(c) (now incorporated into § 16.4(d) in the final rule), is being revised to reflect that new Department guidance. See Office of Information Policy, “Referrals, Consultations, and Coordination: Procedures for Processing Records When Another Agency or Entity Has an Interest in Them,” (December 2011), available at www.justice.gov/oip/foiapost/2011foiapost42.html (explaining exceptions to standard procedures for making referrals and procedures for coordinating responses).

One commenter suggested that any agreements between Department components as to the processing of certain records, which was discussed in proposed § 16.4(g), should be made publicly available. This provision is intended to hasten processing by eliminating certain consults or referrals for components that share or encounter the same types of records on a regular basis. There is no requirement, however, that components create formal agreements appropriate for posting with respect to these records. In the interests of maintaining flexibility and enhancing efficiency, which are the goals of this section, no changes are being made to the provision.

Section 16.5 (Timing of Responses to Requests)

One commenter contended that the portion of proposed § 16.5(a) concerning the commencement of response time for misdirected requests should be deleted. The commenter is referred to 5 U.S.C. 552(a)(6)(A)(ii) of the FOIA, which is the statutory provision establishing the time period to route misdirected requests.

Another commenter recommended that proposed § 16.5(a) require components to forward any misdirected requests to the Justice Management Division's Mail Referral Unit, rather than to the Department component that the receiving component deems most appropriate. While components are free to do so when they are uncertain as to the proper component, imposing a requirement to route all misdirected requests through the Mail Referral Unit rather than directly to the proper component would unnecessarily delay the receipt of the request by the appropriate Department component. The Department has issued guidance on the handling of misdirected requests, see Office of Information Policy, “OIP Guidance: New Requirement to Route Misdirected FOIA Requests,” (November 11, 2008), available at http://www.justice.gov/oip/foiapost/2008foiapost31.htm.

One commenter took issue with the use of the term “unusual circumstances” contained in proposed § 16.5(c) and suggested instead using the term “unforeseen circumstances.” However, “unusual circumstances” is a term of art that is taken directly from, and defined by, the FOIA. See 5 U.S.C. 552(a)(6)(B)(i).

One commenter asserted that the language from the existing regulation stating that information dissemination “need not be a [requester's] sole occupation,” 28 CFR 16.5(d)(3) should be restored in proposed § 16.5(e)(3), which pertains to expedited processing. It was not the Department's intention to narrow this standard—indeed, the example provided in the provision references a requester who is not a full-time member of the news media. To provide even greater clarity, the final rule provides that information dissemination “need not be the requester's sole occupation.”

The commenter also suggested deletion of a sentence from proposed § 16.5(e)(3) regarding the provision of news articles. The commenter noted that requesters frequently make use of news articles to demonstrate a need for expedited processing. While acknowledging that provision of news articles does not “necessarily require[] the grant of expedited processing” in all instances, the commenter objected to the proposed sentence as not recognizing the usefulness of providing articles. The Department modifies this sentence to make it clear that provision of news articles on a topic “can be helpful” to establishing that the standard is met. This language conveys more appropriately the impact of providing numerous news articles. Finally, the Department revises the final sentence of proposed § 16.5(e)(4), regarding administrative appeal of any component denial of expedited processing, to maintain the language used in the existing regulations.

Section 16.6 (Responses to Requests)

One commenter suggested adding a sentence to proposed § 16.6(d) (redesignated as § 16.6(e) in the final rule), which concerns estimating the volume of information withheld, to require a listing of any documents withheld in full. Another commenter suggested that a brief description of the withheld information be provided if doing so would not reveal exempt information. While the Department understands the desire for such further detail, and encourages components to use their judgment to provide additional helpful information when practical, the Department must balance the time involved with imposing such a requirement against the heavy demands faced by many components to process thousands or tens of thousands of requests each year. In light of those demands, imposing such a requirement would be counterproductive. Contrary to the first commenter's assertion, a listing is not required at the administrative stage of processing a FOIA request. See Bangoura v. U.S. Dep't of the Army, 607 F. Supp. 2d 134, 143 n.8 (D.D.C. 2009) (holding that list of withheld documents is not required at administrative stage of processing FOIA requests and appeals).

One commenter mistakenly thought that proposed § 16.6(e) had eliminated the requirement that a denial be signed by the head of the component or a designee. The first line of § 16.6(e) in the final rule continues to contain this requirement.

An agency commenter recommended that acknowledgments of requests include a brief description of the subject of the request in order to help requesters keep track of multiple pending requests. The Department agrees and has included such language in § 16.6(b) of the final rule.

The same commenter recommended that the rule reference the statutory requirement that agencies indicate, if technically feasible, the amount of information deleted and the exemption under which each deletion is made unless doing so would harm an interest protected by an applicable exemption. The Department adds such language in § 16.6 of the final rule.

Section 16.7 (Confidential Commercial Information)

One commenter approved of the change to proposed § 16.7(b) which states that “[a] submitter of confidential commercial information must use good faith efforts to designate by appropriate markings . . . any portion of its submission that it considers to be protected from disclosure under Exemption 4.” A similar requirement is also contained in proposed § 16.7(e) for submitters relying on Exemption 4 as a basis for nondisclosure after receipt of submitter notice. However, the commenter objected to the language of proposed § 16.7(e) that also states that a submitter should provide the component with detailed reasons for withholding under any FOIA exemption. The commenter suggested the use of the word “must” instead of “should.”

The difference in the requirements is based on the nature of the information at issue. Submitters are in the best position to explain why information should be considered confidential commercial information pursuant to Exemption 4, but would not have any specialized insight into the application of other FOIA exemptions. Accordingly, although a submitter's opinion on the applicability of other FOIA exemptions is solicited, the Department does not require it because the components are best suited to make such disclosure determinations.

Section 16.8 (Administrative Appeals)

Two commenters took issue with the timing associated with submitting an administrative appeal set forth in proposed § 16.8(a). In response, the Department increases the time period from 45 days to 60 days. The Department notes that the use of the postmark or transmission date, rather than a “received” date, will provide a date certain for requesters to ensure, and components to ascertain, the timeliness of an appeal.

The Department also adds language in § 16.8(c) of the final rule to indicate that, when issuing a decision on appeal, it will inform the requester of the mediation services offered by the Office of Government Information Services (“OGIS”) of the National Archives and Records Administration as a non-exclusive alternative to litigation.

Section 16.9 (Preservation of Records)

One commenter objected to the language in proposed § 16.9 concerning document preservation. The purpose of proposed § 16.9 is to ensure that components appropriately preserve all records that are subject to a pending request, appeal, or lawsuit under the FOIA. It was not the Department's intention to narrow the scope of the obligation and so the Department is revising the language to state: “Records will not be disposed of or destroyed while they are the subject of a pending request, appeal, or lawsuit under the FOIA.”

Miscellaneous

One commenter recommended that the regulations restate various provisions included in the 2009 President's Memorandum on the FOIA, Presidential Memorandum for Heads of Executive Departments and Agencies Concerning the Freedom of Information Act, 74 FR 4683 (Jan. 21, 2009), and the 2009 Attorney General FOIA Guidelines, Attorney General Holder's Memorandum for Heads of Executive Departments and Agencies Concerning the Freedom of Information Act, 74 FR 51879 (Oct. 8, 2009). For example, the commenter requested that the rule restate the provision in the Attorney General's FOIA Guidelines that the Department will defend in litigation a denial of a FOIA request only if the disclosure is prohibited by law or if the agency reasonably foresees that disclosure would harm an interest protected by a statutory exemption. Because this rule addresses the procedures for making and responding to FOIA requests, rather than the conduct of FOIA litigation, the Department declines to make this change. The commenter also requested that the rule restore the provision in § 16.1(a) of the existing regulations with regard to the Department's policy on making discretionary disclosures. The Department has decided to do so.

In response to the public comments and feedback from Department components with respect to the phrasing of certain provisions, the Department is revising for clarity the following provisions: § 16.1 (General provisions), § 16.3 (Requirements for making requests), § 16.4 (Responsibility for responding to requests), § 16.6 (Responses to requests), § 16.8 (Administrative appeals), and § 16.10 (Fees). The new wording more precisely states the Department's obligations with respect to consultations and referrals of documents, classified information, acknowledging receipt of requests, marking documents before release, and determining fee status.

In recognition of the greater efficiency of electronic communication, the final rule makes clear that requesters may submit requests and appeals electronically, and instructs components to communicate electronically with requesters to the extent practicable. This language is being added in § 16.3(a) (Requirements for making requests) (General information), § 16.6(a) (Responses to requests) (In general), and § 16.8(a) (Administrative appeals) (Requirements for making an appeal).

Regulatory Flexibility Act

The Attorney General, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it certifies that it will not have a significant economic impact on a substantial number of small entities. Under the FOIA, agencies may recover only the direct costs of searching for, reviewing, and duplicating the records processed for requesters. Thus, fees assessed by the Department are nominal. Further, the “small entities” that make FOIA requests, as compared with individual requesters and other requesters, are relatively few in number.

Executive Orders 12866 and 13563—Regulatory Review

This regulation has been drafted and reviewed in accordance with Executive Order 12866 (“Regulatory Planning and Review”), section 1(b) (“The Principles of Regulation”), and in accordance with Executive Order 13563 (“Improving Regulation and Regulatory Review”), section 1 (“General Principles of Regulation”).

The Department of Justice has determined that this rule is a “significant regulatory action” under Executive Order 12866, section 3(f), and, accordingly, this rule has been reviewed by the Office of Management and Budget.

Further, both Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Department has assessed the costs and benefits of this regulation and believes that the regulatory approach selected maximizes net benefits.

The rule benefits the public by updating and streamlining the language in the Department's existing FOIA regulation. For example, the rule simplifies the assessment of fees in two ways: (1) By eliminating the presumption that requesters will pay fees up to $25 and instead providing that no fees will be assessed if the fees are under $25; and (2) by collapsing three categories of personnel into two for purposes of calculating search fees.

The rule also benefits the public by incorporating references to procedures reflecting Department guidance issued subsequent to the existing version of the regulations, such as guidance on conducting consultations, referrals, and coordination, use of exclusions, assigning tracking numbers, notifying requesters of mediation services, and routing of misdirected requests. Updating the regulation to reflect existing procedures enhances transparency and reduces the risk of confusion for requesters. There are only de minimis costs associated with incorporating the guidance changes into the rule. Many of the provisions addressed in the guidance are implemented simply by inserting standard language into correspondence, such as the language advising requesters of the mediation services offered by OGIS. Other provisions, such as those requiring assignment of tracking numbers, routing of misdirected requests, and provision of status estimates, reference procedures that components were already doing to varying degrees and so incur no meaningful new costs, and to the extent those procedures are now standardized, the time expended to comply is minimal.

The Department does not have statistics as to how many requests fall within the $15 to $25 range. Based on our experience, the Department does not expect that raising the fee threshold to $25 will have a significant effect on the number of FOIA submissions. Further, for the subset of requests where the fees are more than $14, but less than $25, the public benefits by receiving the additional value of $11 of services without charge. While the Department will incur the cost for those additional services, the cost is minimal since it is only a difference of $11 per request, and it is counterbalanced by the time savings incurred by having the rule simplified. As a result, the Department believes that the effect of the threshold change will be de minimis. It simplifies matters for Department personnel as now there is a clear line between what requesters get for free—services under $25—and when components start assessing fees—at $25. That simplification for Department personnel is a benefit. The fees that the Department currently collects from requesters represent only 0.17% of the Department's processing costs and so the slight change in the threshold for assessing fees simply does not have a measurable cost impact on the Department.

The rule further benefits requesters by changing the way in which timeliness is determined for filing administrative appeals. The rule replaces the difficult-to-determine “received” date with a date certain (a postmark), which provides requesters with clarity as to timeliness while imposing no cost on the Department.

Lastly, the rule promotes understanding of requesters' statutory fee entitlements by requiring Department components to advise non-commercial-use requesters of their right to obtain 100 pages and two hours of search time for free. This will impose few if any costs on the Department; some components already follow this procedure, and the remainder can implement it easily.

In sum, the Department is confident that the rule provides multiple benefits to the public while imposing minimal costs.

Unfunded Mandates Reform Act of 1995

This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.

List of Subjects in 28 CFR Part 16

Administrative practice and procedure, Freedom of information, Privacy.

For the reasons stated in the preamble, the Department of Justice amends 28 CFR chapter I, part 16, as follows:

PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION 1. Revise the authority citation for part 16 to read as follows: Authority:

5 U.S.C. 301, 552, 552a, 553; 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717.

2. Revise subpart A of part 16 to read as follows: Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act Sec. 16.1 General provisions. 16.2 Proactive disclosure of Department records. 16.3 Requirements for making requests. 16.4 Responsibility for responding to requests. 16.5 Timing of responses to requests. 16.6 Responses to requests. 16.7 Confidential commercial information. 16.8 Administrative appeals. 16.9 Preservation of records. 16.10 Fees. 16.11 Other rights and services. Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act
§ 16.1 General provisions.

(a) This subpart contains the rules that the Department of Justice follows in processing requests for records under the Freedom of Information Act (“FOIA”), 5 U.S.C. 552. The rules in this subpart should be read in conjunction with the text of the FOIA and the Uniform Freedom of Information Fee Schedule and Guidelines published by the Office of Management and Budget (“OMB Guidelines”). Additionally, the Department's “FOIA Reference Guide” and its attachments contain information about the specific procedures particular to the Department with respect to making FOIA requests and descriptions of the types of records maintained by different Department components. This resource is available at http://www.justice.gov/oip/04_3.html. Requests made by individuals for records about themselves under the Privacy Act of 1974, 5 U.S.C. 552a, are processed under subpart D of part 16 as well as under this subpart. As a matter of policy, the Department makes discretionary disclosures of records or information exempt from disclosure under the FOIA whenever disclosure would not foreseeably harm an interest protected by a FOIA exemption, but this policy does not create any right enforceable in court.

(b) As referenced in this subpart, component means each separate bureau, office, division, commission, service, center, or administration that is designated by the Department as a primary organizational entity.

(c) The Department has a decentralized system for processing requests, with each component handling requests for its records.

§ 16.2 Proactive disclosure of Department records.

Records that are required by the FOIA to be made available for public inspection and copying may be accessed through the Department's Web site at http://www.justice.gov/oip/04_2.html. Each component is responsible for determining which of its records are required to be made publicly available, as well as identifying additional records of interest to the public that are appropriate for public disclosure, and for posting and indexing such records. Each component shall ensure that its Web site of posted records and indices is reviewed and updated on an ongoing basis. Each component has a FOIA Public Liaison who can assist individuals in locating records particular to a component. A list of the Department's FOIA Public Liaisons is available at http://www.justice.gov/oip/foiacontact/index-list.html.

§ 16.3 Requirements for making requests.

(a) General information. (1) The Department has a decentralized system for responding to FOIA requests, with each component designating a FOIA office to process records from that component. All components have the capability to receive requests electronically either through email or a web portal. To make a request for records of the Department, a requester should write directly to the FOIA office of the component that maintains the records being sought. A request will receive the quickest possible response if it is addressed to the FOIA office of the component that maintains the records sought. The Department's FOIA Reference Guide, which may be accessed as described in § 16.1(a), contains descriptions of the functions of each component and provides other information that is helpful in determining where to make a request. Each component's FOIA office and any additional requirements for submitting a request to a given component are listed in Appendix I to this part. Part 0 of this chapter also summarizes the functions of each component. These references can all be used by requesters to determine where to send their requests within the Department.

(2) A requester may also send requests to the FOIA/PA Mail Referral Unit, Justice Management Division, Department of Justice, 950 Pennsylvania Avenue NW., Washington, DC 20530-0001, or via email to [email protected], or via fax to (202) 616-6695. The Mail Referral Unit will forward the request to the component(s) that it determines to be most likely to maintain the records that are sought.

(3) A requester who is making a request for records about himself or herself must comply with the verification of identity provision set forth in subpart D of this part.

(4) Where a request for records pertains to a third party, a requester may receive greater access by submitting either a notarized authorization signed by that individual or a declaration made in compliance with the requirements set forth in 28 U.S.C. 1746 by that individual authorizing disclosure of the records to the requester, or by submitting proof that the individual is deceased (e.g., a copy of a death certificate or an obituary). As an exercise of administrative discretion, each component can require a requester to supply additional information if necessary in order to verify that a particular individual has consented to disclosure.

(b) Description of records sought. Requesters must describe the records sought in sufficient detail to enable Department personnel to locate them with a reasonable amount of effort. To the extent possible, requesters should include specific information that may assist a component in identifying the requested records, such as the date, title or name, author, recipient, subject matter of the record, case number, file designation, or reference number. Requesters should refer to Appendix I to this part for additional, component-specific requirements. In general, requesters should include as much detail as possible about the specific records or the types of records that they are seeking. Before submitting their requests, requesters may contact the component's FOIA contact or FOIA Public Liaison to discuss the records they are seeking and to receive assistance in describing the records. If after receiving a request a component determines that it does not reasonably describe the records sought, the component shall inform the requester what additional information is needed or why the request is otherwise insufficient. Requesters who are attempting to reformulate or modify such a request may discuss their request with the component's designated FOIA contact, its FOIA Public Liaison, or a representative of the Office of Information Policy (“OIP”), each of whom is available to assist the requester in reasonably describing the records sought. If a request does not reasonably describe the records sought, the agency's response to the request may be delayed.

§ 16.4 Responsibility for responding to requests.

(a) In general. Except in the instances described in paragraphs (c) and (d) of this section, the component that first receives a request for a record and maintains that record is the component responsible for responding to the request. In determining which records are responsive to a request, a component ordinarily will include only records in its possession as of the date that it begins its search. If any other date is used, the component shall inform the requester of that date. A record that is excluded from the requirements of the FOIA pursuant to 5 U.S.C. 552(c), is not considered responsive to a request.

(b) Authority to grant or deny requests. The head of a component, or designee, is authorized to grant or to deny any requests for records that are maintained by that component.

(c) Re-routing of misdirected requests. Where a component's FOIA office determines that a request was misdirected within the Department, the receiving component's FOIA office shall route the request to the FOIA office of the proper component(s).

(d) Consultation, referral, and coordination. When reviewing records located by a component in response to a request, the component shall determine whether another component or another agency of the Federal Government is better able to determine whether the record is exempt from disclosure under the FOIA and, if so, whether it should be released as a matter of discretion. As to any such record, the component shall proceed in one of the following ways:

(1) Consultation. When records originated with the component processing the request, but contain within them information of interest to another component, agency, or other Federal Government office, the component processing the request should typically consult with that other component or agency prior to making a release determination.

(2) Referral. (i) When the component processing the request believes that a different component, agency, or other Federal Government office is best able to determine whether to disclose the record, the component typically should refer the responsibility for responding to the request regarding that record, as long as the referral is to a component or agency that is subject to the FOIA. Ordinarily, the component or agency that originated the record will be presumed to be best able to make the disclosure determination. However, if the component processing the request and the originating component or agency jointly agree that the former is in the best position to respond regarding the record, then the record may be handled as a consultation.

(ii) Whenever a component refers any part of the responsibility for responding to a request to another component or agency, it shall document the referral, maintain a copy of the record that it refers, and notify the requester of the referral and inform the requester of the name(s) of the component or agency to which the record was referred, including that component's or agency's FOIA contact information,

(3) Coordination. The standard referral procedure is not appropriate where disclosure of the identity of the component or agency to which the referral would be made could harm an interest protected by an applicable exemption, such as the exemptions that protect personal privacy or national security interests. For example, if a non-law enforcement component responding to a request for records on a living third party locates within its files records originating with a law enforcement agency, and if the existence of that law enforcement interest in the third party was not publicly known, then to disclose that law enforcement interest could cause an unwarranted invasion of the personal privacy of the third party. Similarly, if a component locates within its files material originating with an Intelligence Community agency, and the involvement of that agency in the matter is classified and not publicly acknowledged, then to disclose or give attribution to the involvement of that Intelligence Community agency could cause national security harms. In such instances, in order to avoid harm to an interest protected by an applicable exemption, the component that received the request should coordinate with the originating component or agency to seek its views on the disclosability of the record. The release determination for the record that is the subject of the coordination should then be conveyed to the requester by the component that originally received the request.

(e) Classified information. On receipt of any request involving classified information, the component shall determine whether the information is currently and properly classified and take appropriate action to ensure compliance with part 17 of this title. Whenever a request involves a record containing information that has been classified or may be appropriate for classification by another component or agency under any applicable executive order concerning the classification of records, the receiving component shall refer the responsibility for responding to the request regarding that information to the component or agency that classified the information, or that should consider the information for classification. Whenever a component's record contains information that has been derivatively classified (for example, when it contains information classified by another component or agency), the component shall refer the responsibility for responding to that portion of the request to the component or agency that classified the underlying information.

(f) Timing of responses to consultations and referrals. All consultations and referrals received by the Department will be handled according to the date that the FOIA request initially was received by the first component or agency.

(g) Agreements regarding consultations and referrals. Components may establish agreements with other components or agencies to eliminate the need for consultations or referrals with respect to particular types of records.

§ 16.5 Timing of responses to requests.

(a) In general. Components ordinarily will respond to requests according to their order of receipt. Appendix I to this part contains the list of the Department components that are designated to accept requests. In instances involving misdirected requests that are re-routed pursuant to § 16.4(c), the response time will commence on the date that the request is received by the proper component's office that is designated to receive requests, but in any event not later than 10 working days after the request is first received by any component's office that is designated by these regulations to receive requests.

(b) Multitrack processing. All components must designate a specific track for requests that are granted expedited processing, in accordance with the standards set forth in paragraph (e) of this section. A component may also designate additional processing tracks that distinguish between simple and more complex requests based on the estimated amount of work or time needed to process the request. Among the factors a component may consider are the number of pages involved in processing the request and the need for consultations or referrals. Components shall advise requesters of the track into which their request falls and, when appropriate, shall offer the requesters an opportunity to narrow their request so that it can be placed in a different processing track.

(c) Unusual circumstances. Whenever the statutory time limit for processing a request cannot be met because of “unusual circumstances,” as defined in the FOIA, and the component extends the time limit on that basis, the component shall, before expiration of the 20-day period to respond, notify the requester in writing of the unusual circumstances involved and of the date by which processing of the request can be expected to be completed. Where the extension exceeds 10 working days, the component shall, as described by the FOIA, provide the requester with an opportunity to modify the request or arrange an alternative time period for processing. The component shall make available its designated FOIA contact and its FOIA Public Liaison for this purpose.

(d) Aggregating requests. For the purposes of satisfying unusual circumstances under the FOIA, components may aggregate requests in cases where it reasonably appears that multiple requests, submitted either by a requester or by a group of requesters acting in concert, constitute a single request that would otherwise involve unusual circumstances. Components shall not aggregate multiple requests that involve unrelated matters.

(e) Expedited processing. (1) Requests and appeals shall be processed on an expedited basis whenever it is determined that they involve:

(i) Circumstances in which the lack of expedited processing could reasonably be expected to pose an imminent threat to the life or physical safety of an individual;

(ii) An urgency to inform the public about an actual or alleged Federal Government activity, if made by a person who is primarily engaged in disseminating information;

(iii) The loss of substantial due process rights; or

(iv) A matter of widespread and exceptional media interest in which there exist possible questions about the government's integrity that affect public confidence.

(2) A request for expedited processing may be made at any time. Requests based on paragraphs (e)(1)(i), (ii), and (iii) of this section must be submitted to the component that maintains the records requested. When making a request for expedited processing of an administrative appeal, the request should be submitted to OIP. Requests for expedited processing that are based on paragraph (e)(1)(iv) of this section must be submitted to the Director of Public Affairs at the Office of Public Affairs, Department of Justice, 950 Pennsylvania Avenue NW., Washington, DC 20530-0001. A component that receives a misdirected request for expedited processing under the standard set forth in paragraph (e)(1)(iv) of this section shall forward it immediately to the Office of Public Affairs for its determination. The time period for making the determination on the request for expedited processing under paragraph (e)(1)(iv) of this section shall commence on the date that the Office of Public Affairs receives the request, provided that it is routed within 10 working days.

(3) A requester who seeks expedited processing must submit a statement, certified to be true and correct, explaining in detail the basis for making the request for expedited processing. For example, under paragraph (e)(1)(ii) of this section, a requester who is not a full-time member of the news media must establish that the requester is a person whose primary professional activity or occupation is information dissemination, though it need not be the requester's sole occupation. Such a requester also must establish a particular urgency to inform the public about the government activity involved in the request—one that extends beyond the public's right to know about government activity generally. The existence of numerous articles published on a given subject can be helpful in establishing the requirement that there be an “urgency to inform” the public on the topic. As a matter of administrative discretion, a component may waive the formal certification requirement.

(4) A component shall notify the requester within 10 calendar days of the receipt of a request for expedited processing of its decision whether to grant or deny expedited processing. If expedited processing is granted, the request shall be given priority, placed in the processing track for expedited requests, and shall be processed as soon as practicable. If a request for expedited processing is denied, any appeal of that decision shall be acted on expeditiously.

§ 16.6 Responses to requests.

(a) In general. Components should, to the extent practicable, communicate with requesters having access to the Internet using electronic means, such as email or web portal.

(b) Acknowledgments of requests. A component shall acknowledge the request and assign it an individualized tracking number if it will take longer than 10 working days to process. Components shall include in the acknowledgment a brief description of the records sought to allow requesters to more easily keep track of their requests.

(c) Grants of requests. Once a component makes a determination to grant a request in full or in part, it shall notify the requester in writing. The component also shall inform the requester of any fees charged under § 16.10 and shall disclose the requested records to the requester promptly upon payment of any applicable fees.

(d) Adverse determinations of requests. A component making an adverse determination denying a request in any respect shall notify the requester of that determination in writing. Adverse determinations, or denials of requests, include decisions that: the requested record is exempt, in whole or in part; the request does not reasonably describe the records sought; the information requested is not a record subject to the FOIA; the requested record does not exist, cannot be located, or has been destroyed; or the requested record is not readily reproducible in the form or format sought by the requester. Adverse determinations also include denials involving fees or fee waiver matters or denials of requests for expedited processing.

(e) Content of denial. The denial shall be signed by the head of the component, or designee, and shall include:

(1) The name and title or position of the person responsible for the denial;

(2) A brief statement of the reasons for the denial, including any FOIA exemption applied by the component in denying the request;

(3) An estimate of the volume of any records or information withheld, such as the number of pages or some other reasonable form of estimation, although such an estimate is not required if the volume is otherwise indicated by deletions marked on records that are disclosed in part or if providing an estimate would harm an interest protected by an applicable exemption; and

(4) A statement that the denial may be appealed under § 16.8(a), and a description of the requirements set forth therein.

(f) Markings on released documents. Markings on released documents must be clearly visible to the requester. Records disclosed in part shall be marked to show the amount of information deleted and the exemption under which the deletion was made unless doing so would harm an interest protected by an applicable exemption. The location of the information deleted shall also be indicated on the record, if technically feasible.

(g) Use of record exclusions. (1) In the event that a component identifies records that may be subject to exclusion from the requirements of the FOIA pursuant to 5 U.S.C. 552(c), the component must confer with OIP to obtain approval to apply the exclusion.

(2) Any component invoking an exclusion shall maintain an administrative record of the process of invocation and approval of the exclusion by OIP.

§ 16.7 Confidential commercial information.

(a) Definitions. (1) Confidential commercial information means commercial or financial information obtained by the Department from a submitter that may be protected from disclosure under Exemption 4 of the FOIA, 5 U.S.C. 552(b)(4).

(2) Submitter means any person or entity, including a corporation, State, or foreign government, but not including another Federal Government entity, that provides information, either directly or indirectly to the Federal Government.

(b) Designation of confidential commercial information. A submitter of confidential commercial information must use good faith efforts to designate by appropriate markings, either at the time of submission or within a reasonable time thereafter, any portion of its submission that it considers to be protected from disclosure under Exemption 4. These designations shall expire 10 years after the date of the submission unless the submitter requests and provides justification for a longer designation period.

(c) When notice to submitters is required. (1) A component shall promptly provide written notice to a submitter of confidential commercial information whenever records containing such information are requested under the FOIA if, after reviewing the request, the responsive records, and any appeal by the requester, the component determines that it may be required to disclose the records, provided:

(i) The requested information has been designated in good faith by the submitter as information considered protected from disclosure under Exemption 4; or

(ii) The component has a reason to believe that the requested information may be protected from disclosure under Exemption 4, but has not yet determined whether the information is protected from disclosure under that exemption or any other applicable exemption.

(2) The notice shall either describe the commercial information requested or include a copy of the requested records or portions of records containing the information. In cases involving a voluminous number of submitters, notice may be made by posting or publishing the notice in a place or manner reasonably likely to accomplish it.

(d) Exceptions to submitter notice requirements. The notice requirements of this section shall not apply if:

(1) The component determines that the information is exempt under the FOIA;

(2) The information has been lawfully published or has been officially made available to the public;

(3) Disclosure of the information is required by a statute other than the FOIA or by a regulation issued in accordance with the requirements of Executive Order 12600 of June 23, 1987; or

(4) The designation made by the submitter under paragraph (b) of this section appears obviously frivolous, except that, in such a case, the component shall give the submitter written notice of any final decision to disclose the information and must provide that notice within a reasonable number of days prior to a specified disclosure date.

(e) Opportunity to object to disclosure. (1) A component shall specify a reasonable time period within which the submitter must respond to the notice referenced above. If a submitter has any objections to disclosure, it should provide the component a detailed written statement that specifies all grounds for withholding the particular information under any exemption of the FOIA. In order to rely on Exemption 4 as basis for nondisclosure, the submitter must explain why the information constitutes a trade secret or commercial or financial information that is privileged or confidential.

(2) A submitter who fails to respond within the time period specified in the notice shall be considered to have no objection to disclosure of the information. Information received by the component after the date of any disclosure decision shall not be considered by the component. Any information provided by a submitter under this subpart may itself be subject to disclosure under the FOIA.

(f) Analysis of objections. A component shall consider a submitter's objections and specific grounds for nondisclosure in deciding whether to disclose the requested information.

(g) Notice of intent to disclose. Whenever a component decides to disclose information over the objection of a submitter, the component shall provide the submitter written notice, which shall include:

(1) A statement of the reasons why each of the submitter's disclosure objections was not sustained;

(2) A description of the information to be disclosed; and

(3) A specified disclosure date, which shall be a reasonable time subsequent to the notice.

(h) Notice of FOIA lawsuit. Whenever a requester files a lawsuit seeking to compel the disclosure of confidential commercial information, the component shall promptly notify the submitter.

(i) Requester notification. The component shall notify a requester whenever it provides the submitter with notice and an opportunity to object to disclosure; whenever it notifies the submitter of its intent to disclose the requested information; and whenever a submitter files a lawsuit to prevent the disclosure of the information.

§ 16.8 Administrative appeals.

(a) Requirements for making an appeal. A requester may appeal any adverse determinations to OIP. The contact information for OIP is contained in the FOIA Reference Guide, which is available at http://www.justice.gov/oip/04_3.html. Appeals can be submitted through the web portal accessible on OIP's Web site. Examples of adverse determinations are provided in § 16.6(d). The requester must make the appeal in writing and to be considered timely it must be postmarked, or in the case of electronic submissions, transmitted, within 60 calendar days after the date of the response. The appeal should clearly identify the component's determination that is being appealed and the assigned request number. To facilitate handling, the requester should mark both the appeal letter and envelope, or subject line of the electronic transmission, “Freedom of Information Act Appeal.”

(b) Adjudication of appeals. (1) The Director of OIP or designee will act on behalf of the Attorney General on all appeals under this section.

(2) An appeal ordinarily will not be adjudicated if the request becomes a matter of FOIA litigation.

(3) On receipt of any appeal involving classified information, OIP shall take appropriate action to ensure compliance with part 17 of this title.

(c) Decisions on appeals. A decision on an appeal must be made in writing. A decision that upholds a component's determination will contain a statement that identifies the reasons for the affirmance, including any FOIA exemptions applied. The decision will provide the requester with notification of the statutory right to file a lawsuit and will inform the requester of the mediation services offered by the Office of Government Information Services of the National Archives and Records Administration as a non-exclusive alternative to litigation. If a component's decision is remanded or modified on appeal, the requester will be notified of that determination in writing. The component will thereafter further process the request in accordance with that appeal determination and respond directly to the requester.

(d) When appeal is required. Before seeking review by a court of a component's adverse determination, a requester generally must first submit a timely administrative appeal.

§ 16.9 Preservation of records.

Each component shall preserve all correspondence pertaining to the requests that it receives under this subpart, as well as copies of all requested records, until disposition or destruction is authorized pursuant to title 44 of the United States Code or the General Records Schedule 14 of the National Archives and Records Administration. Records shall not be disposed of or destroyed while they are the subject of a pending request, appeal, or lawsuit under the FOIA.

§ 16.10 Fees.

(a) In general. Components shall charge for processing requests under the FOIA in accordance with the provisions of this section and with the OMB Guidelines. In order to resolve any fee issues that arise under this section, a component may contact a requester for additional information. Components shall ensure that searches, review, and duplication are conducted in the most efficient and the least expensive manner. A component ordinarily will collect all applicable fees before sending copies of records to a requester. Requesters must pay fees by check or money order made payable to the Treasury of the United States.

(b) Definitions. For purposes of this section:

(1) Commercial use request is a request that asks for information for a use or a purpose that furthers a commercial, trade, or profit interest, which can include furthering those interests through litigation. A component's decision to place a requester in the commercial use category will be made on a case-by-case basis based on the requester's intended use of the information.

(2) Direct costs are those expenses that an agency incurs in searching for and duplicating (and, in the case of commercial use requests, reviewing) records in order to respond to a FOIA request. For example, direct costs include the salary of the employee performing the work (i.e., the basic rate of pay for the employee, plus 16 percent of that rate to cover benefits) and the cost of operating computers and other electronic equipment, such as photocopiers and scanners. Direct costs do not include overhead expenses such as the costs of space, and of heating or lighting a facility.

(3) Duplication is reproducing a copy of a record, or of the information contained in it, necessary to respond to a FOIA request. Copies can take the form of paper, audiovisual materials, or electronic records, among others.

(4) Educational institution is any school that operates a program of scholarly research. A requester in this fee category must show that the request is authorized by, and is made under the auspices of, an educational institution and that the records are not sought for a commercial use, but rather are sought to further scholarly research. To fall within this fee category, the request must serve the scholarly research goals of the institution rather than an individual research goal.

Example 1. A request from a professor of geology at a university for records relating to soil erosion, written on letterhead of the Department of Geology, would be presumed to be from an educational institution.

Example 2. A request from the same professor of geology seeking drug information from the Food and Drug Administration in furtherance of a murder mystery he is writing would not be presumed to be an institutional request, regardless of whether it was written on institutional stationery.

Example 3. A student who makes a request in furtherance of the completion of a course of instruction would be presumed to be carrying out an individual research goal, rather than a scholarly research goal of the institution and would not qualify as part of this fee category.

(5) Noncommercial scientific institution is an institution that is not operated on a “commercial” basis, as defined in paragraph (b)(1) of this section and that is operated solely for the purpose of conducting scientific research the results of which are not intended to promote any particular product or industry. A requester in this category must show that the request is authorized by and is made under the auspices of a qualifying institution and that the records are sought to further scientific research and are not for a commercial use.

(6) Representative of the news media is any person or entity organized and operated to publish or broadcast news to the public that actively gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. The term “news” means information that is about current events or that would be of current interest to the public. Examples of news media entities include television or radio stations that broadcast “news” to the public at large and publishers of periodicals that disseminate “news” and make their products available through a variety of means to the general public, including news organizations that disseminate solely on the Internet. A request for records supporting the news-dissemination function of the requester shall not be considered to be for a commercial use. “Freelance” journalists who demonstrate a solid basis for expecting publication through a news media entity shall be considered as a representative of the news media. A publishing contract would provide the clearest evidence that publication is expected; however, components shall also consider a requester's past publication record in making this determination.

(7) Review is the examination of a record located in response to a request in order to determine whether any portion of it is exempt from disclosure. Review time includes processing any record for disclosure, such as doing all that is necessary to prepare the record for disclosure, including the process of redacting the record and marking the appropriate exemptions. Review costs are properly charged even if a record ultimately is not disclosed. Review time also includes time spent both obtaining and considering any formal objection to disclosure made by a confidential commercial information submitter under § 16.7, but it does not include time spent resolving general legal or policy issues regarding the application of exemptions.

(8) Search is the process of looking for and retrieving records or information responsive to a request. Search time includes page-by-page or line-by-line identification of information within records and the reasonable efforts expended to locate and retrieve information from electronic records.

(c) Charging fees. In responding to FOIA requests, components shall charge the following fees unless a waiver or reduction of fees has been granted under paragraph (k) of this section. Because the fee amounts provided below already account for the direct costs associated with a given fee type, components should not add any additional costs to charges calculated under this section.

(1) Search. (i) Requests made by educational institutions, noncommercial scientific institutions, or representatives of the news media are not subject to search fees. Search fees shall be charged for all other requesters, subject to the restrictions of paragraph (d) of this section. Components may properly charge for time spent searching even if they do not locate any responsive records or if they determine that the records are entirely exempt from disclosure.

(ii) For each quarter hour spent by personnel searching for requested records, including electronic searches that do not require new programming, the fees shall be as follows: professional—$10.00; and clerical/administrative—$4.75.

(iii) Requesters shall be charged the direct costs associated with conducting any search that requires the creation of a new computer program to locate the requested records. Requesters shall be notified of the costs associated with creating such a program and must agree to pay the associated costs before the costs may be incurred.

(iv) For requests that require the retrieval of records stored by an agency at a Federal records center operated by the National Archives and Records Administration (NARA), additional costs shall be charged in accordance with the Transactional Billing Rate Schedule established by NARA.

(2) Duplication. Duplication fees shall be charged to all requesters, subject to the restrictions of paragraph (d) of this section. A component shall honor a requester's preference for receiving a record in a particular form or format where it is readily reproducible by the component in the form or format requested. Where photocopies are supplied, the component shall provide one copy per request at a cost of five cents per page. For copies of records produced on tapes, disks, or other media, components shall charge the direct costs of producing the copy, including operator time. Where paper documents must be scanned in order to comply with a requester's preference to receive the records in an electronic format, the requester shall pay the direct costs associated with scanning those materials. For other forms of duplication, components shall charge the direct costs.

(3) Review. Review fees shall be charged to requesters who make commercial use requests. Review fees shall be assessed in connection with the initial review of the record, i.e., the review conducted by a component to determine whether an exemption applies to a particular record or portion of a record. No charge will be made for review at the administrative appeal stage of exemptions applied at the initial review stage. However, if a particular exemption is deemed to no longer apply, any costs associated with a component's re-review of the records in order to consider the use of other exemptions may be assessed as review fees. Review fees shall be charged at the same rates as those charged for a search under paragraph (c)(1)(ii) of this section.

(d) Restrictions on charging fees. (1) No search fees will be charged for requests by educational institutions (unless the records are sought for a commercial use), noncommercial scientific institutions, or representatives of the news media.

(2) If a component fails to comply with the time limits in which to respond to a request, and if no unusual or exceptional circumstances, as those terms are defined by the FOIA, apply to the processing of the request, it may not charge search fees, or, in the instances of requests from requesters described in paragraph (d)(1) of this section, may not charge duplication fees.

(3) No search or review fees will be charged for a quarter-hour period unless more than half of that period is required for search or review.

(4) Except for requesters seeking records for a commercial use, components shall provide without charge:

(i) The first 100 pages of duplication (or the cost equivalent for other media); and

(ii) The first two hours of search.

(5) When, after first deducting the 100 free pages (or its cost equivalent) and the first two hours of search, a total fee calculated under paragraph (c) of this section is $25.00 or less for any request, no fee will be charged.

(e) Notice of anticipated fees in excess of $25.00. (1) When a component determines or estimates that the fees to be assessed in accordance with this section will exceed $25.00, the component shall notify the requester of the actual or estimated amount of the fees, including a breakdown of the fees for search, review or duplication, unless the requester has indicated a willingness to pay fees as high as those anticipated. If only a portion of the fee can be estimated readily, the component shall advise the requester accordingly. If the requester is a noncommercial use requester, the notice shall specify that the requester is entitled to the statutory entitlements of 100 pages of duplication at no charge and, if the requester is charged search fees, two hours of search time at no charge, and shall advise the requester whether those entitlements have been provided.

(2) In cases in which a requester has been notified that the actual or estimated fees are in excess of $25.00, the request shall not be considered received and further work will not be completed until the requester commits in writing to pay the actual or estimated total fee, or designates some amount of fees the requester is willing to pay, or in the case of a noncommercial use requester who has not yet been provided with the requester's statutory entitlements, designates that the requester seeks only that which can be provided by the statutory entitlements. The requester must provide the commitment or designation in writing, and must, when applicable, designate an exact dollar amount the requester is willing to pay. Components are not required to accept payments in installments.

(3) If the requester has indicated a willingness to pay some designated amount of fees, but the component estimates that the total fee will exceed that amount, the component shall toll the processing of the request when it notifies the requester of the estimated fees in excess of the amount the requester has indicated a willingness to pay. The component shall inquire whether the requester wishes to revise the amount of fees the requester is willing to pay or modify the request. Once the requester responds, the time to respond will resume from where it was at the date of the notification.

(4) Components shall make available their FOIA Public Liaison or other FOIA professional to assist any requester in reformulating a request to meet the requester's needs at a lower cost.

(f) Charges for other services. Although not required to provide special services, if a component chooses to do so as a matter of administrative discretion, the direct costs of providing the service shall be charged. Examples of such services include certifying that records are true copies, providing multiple copies of the same document, or sending records by means other than first class mail.

(g) Charging interest. Components may charge interest on any unpaid bill starting on the 31st day following the date of billing the requester. Interest charges shall be assessed at the rate provided in 31 U.S.C. 3717 and will accrue from the billing date until payment is received by the component. Components shall follow the provisions of the Debt Collection Act of 1982 (Pub. L. 97-365, 96 Stat. 1749), as amended, and its administrative procedures, including the use of consumer reporting agencies, collection agencies, and offset.

(h) Aggregating requests. When a component reasonably believes that a requester or a group of requesters acting in concert is attempting to divide a single request into a series of requests for the purpose of avoiding fees, the component may aggregate those requests and charge accordingly. Components may presume that multiple requests of this type made within a 30-day period have been made in order to avoid fees. For requests separated by a longer period, components will aggregate them only where there is a reasonable basis for determining that aggregation is warranted in view of all the circumstances involved. Multiple requests involving unrelated matters shall not be aggregated.

(i) Advance payments. (1) For requests other than those described in paragraphs (i)(2) or (i)(3) of this section, a component shall not require the requester to make an advance payment before work is commenced or continued on a request. Payment owed for work already completed (i.e., payment before copies are sent to a requester) is not an advance payment.

(2) When a component determines or estimates that a total fee to be charged under this section will exceed $250.00, it may require that the requester make an advance payment up to the amount of the entire anticipated fee before beginning to process the request. A component may elect to process the request prior to collecting fees when it receives a satisfactory assurance of full payment from a requester with a history of prompt payment.

(3) Where a requester has previously failed to pay a properly charged FOIA fee to any component or agency within 30 calendar days of the billing date, a component may require that the requester pay the full amount due, plus any applicable interest on that prior request, and the component may require that the requester make an advance payment of the full amount of any anticipated fee before the component begins to process a new request or continues to process a pending request or any pending appeal. Where a component has a reasonable basis to believe that a requester has misrepresented the requester's identity in order to avoid paying outstanding fees, it may require that the requester provide proof of identity.

(4) In cases in which a component requires advance payment, the request shall not be considered received and further work will not be completed until the required payment is received. If the requester does not pay the advance payment within 30 calendar days after the date of the component's fee determination, the request will be closed.

(j) Other statutes specifically providing for fees. The fee schedule of this section does not apply to fees charged under any statute that specifically requires an agency to set and collect fees for particular types of records. In instances where records responsive to a request are subject to a statutorily-based fee schedule program, the component shall inform the requester of the contact information for that program.

(k) Requirements for waiver or reduction of fees. (1) Records responsive to a request shall be furnished without charge or at a reduced rate below the rate established under paragraph (c) of this section, where a component determines, based on all available information, that the requester has demonstrated that:

(i) Disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government, and

(ii) Disclosure of the information is not primarily in the commercial interest of the requester.

(2) In deciding whether disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of operations or activities of the government, components shall consider all four of the following factors:

(i) The subject of the request must concern identifiable operations or activities of the Federal Government, with a connection that is direct and clear, not remote or attenuated.

(ii) Disclosure of the requested records must be meaningfully informative about government operations or activities in order to be “likely to contribute” to an increased public understanding of those operations or activities. The disclosure of information that already is in the public domain, in either the same or a substantially identical form, would not contribute to such understanding where nothing new would be added to the public's understanding.

(iii) The disclosure must contribute to the understanding of a reasonably broad audience of persons interested in the subject, as opposed to the individual understanding of the requester. A requester's expertise in the subject area as well as the requester's ability and intention to effectively convey information to the public shall be considered. It shall be presumed that a representative of the news media will satisfy this consideration.

(iv) The public's understanding of the subject in question must be enhanced by the disclosure to a significant extent. However, components shall not make value judgments about whether the information at issue is “important” enough to be made public.

(3) To determine whether disclosure of the requested information is primarily in the commercial interest of the requester, components shall consider the following factors:

(i) Components shall identify any commercial interest of the requester, as defined in paragraph (b)(1) of this section, that would be furthered by the requested disclosure. Requesters shall be given an opportunity to provide explanatory information regarding this consideration.

(ii) A waiver or reduction of fees is justified where the public interest is greater than any identified commercial interest in disclosure. Components ordinarily shall presume that where a news media requester has satisfied the public interest standard, the public interest will be the interest primarily served by disclosure to that requester. Disclosure to data brokers or others who merely compile and market government information for direct economic return shall not be presumed to primarily serve the public interest.

(4) Where only some of the records to be released satisfy the requirements for a waiver of fees, a waiver shall be granted for those records.

(5) Requests for a waiver or reduction of fees should be made when the request is first submitted to the component and should address the criteria referenced above. A requester may submit a fee waiver request at a later time so long as the underlying record request is pending or on administrative appeal. When a requester who has committed to pay fees subsequently asks for a waiver of those fees and that waiver is denied, the requester shall be required to pay any costs incurred up to the date the fee waiver request was received.

§ 16.11 Other rights and services.

Nothing in this subpart shall be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under the FOIA.

3. Revise Appendix I to part 16 to read as follows: Appendix I to Part 16—Components of the Department of Justice

Please consult Attachment B of the Department of Justice FOIA Reference Guide for the contact information and a detailed description of the types of records maintained by each Department component. The FOIA Reference Guide is available at http://www.justice.gov/oip/04_3.html or upon request to the Office of Information Policy.

The FOIA offices of Department components and any component-specific requirements for making a FOIA request are listed below. The Certification of Identity form, available at http://www.justice.gov/oip/forms/cert_ind.pdf, may be used by individuals who are making requests for records pertaining to themselves. For each of the six components marked with an asterisk, FOIA and Privacy Act (PA) access requests must be sent to OIP, which handles initial requests for those six components.

Antitrust Division, FOIA/PA Unit Bureau of Alcohol, Tobacco, Firearms, and Explosives, Disclosure Division Civil Division, FOIA/PA Officer Requests for records from case files must include a case caption or name, civil court case number, and judicial district. Civil Rights Division, FOIA/PA Branch Community Relations Service, FOIA/PA Coordinator Criminal Division, FOIA/PA Unit Drug Enforcement Administration, Freedom of Information Operations Unit, FOI/Records Management Section Environment and Natural Resources Division, FOIA Coordinator, Law and Policy Section Requests for records from case files must include a case caption or name, civil or criminal court case number, and judicial district. Executive Office for Immigration Review, Office of the General Counsel When seeking access to records concerning a named alien individual, requesters must include an alien registration number (“A” number). If the “A” number is not known or the case occurred before 1988, the date of an Order to Show Cause, country of origin, and location of the immigration hearing must be provided. Executive Office for United States Attorneys, FOIA/Privacy Unit Executive Office for Organized Crime Drug Enforcement Task Forces Requests for records from case files must include the judicial district in which the investigation/prosecution or other litigation occurred. Executive Office for United States Trustees, FOIA/PA Counsel, Office of the General Counsel Requests for records from bankruptcy case files must include a case caption or name, case number, and judicial district. Federal Bureau of Investigation, Record/Information Dissemination Section, Records Management Division Federal Bureau of Prisons, FOIA/PA Section Foreign Claims Settlement Commission INTERPOL-U.S. National Central Bureau, FOIA/PA Specialist, Office of General Counsel Justice Management Division, FOIA Contact National Security Division, FOIA Initiatives Coordinator Office of the Associate Attorney General* Office of the Attorney General* Office of Community Oriented Policing Services, FOIA Officer, Legal Division Office of the Deputy Attorney General* Office of Information Policy Office of the Inspector General, Office of the General Counsel Office of Justice Programs, Office of the General Counsel Office of Legal Counsel Office of Legal Policy* Office of Legislative Affairs* Office of the Pardon Attorney, FOIA Officer Office of Professional Responsibility, Special Counsel for Freedom of Information and Privacy Acts Office of Public Affairs* Office of the Solicitor General Requests for records from case files must include a case name, docket number, or citation to case. Office on Violence Against Women Professional Responsibility Advisory Office, Information Management Specialist Tax Division, Division Counsel for FOIA and PA Matters Requests for records from case files must include a case caption or name, civil or criminal court case number, and judicial district. United States Marshals Service, Office of the General Counsel Requests for records concerning seized property must specify the judicial district of the seizure, civil court case number, asset identification number, and an accurate description of the property. United States Parole Commission, FOIA/PA Specialist
Dated: March 27, 2015. Eric H. Holder, Jr., Attorney General.
[FR Doc. 2015-07772 Filed 4-2-15; 8:45 am] BILLING CODE 4110-BE-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2014-1029] RIN 1625-AA09 Drawbridge Operation Regulation; Hoquiam River, Hoquiam, WA AGENCY:

Coast Guard, DHS.

ACTION:

Temporary final rule.

SUMMARY:

The Coast Guard is temporarily modifying the operating schedule that governs the Simpson Avenue Bridge on the Hoquiam River, mile 0.5, at Hoquiam, Washington. This temporary final rule is necessary to accommodate Washington State Department of Transportation's (WSDOT) extensive maintenance and restoration efforts on this bridge. WSDOT will only open one leaf of the double leaf bascule bridge when at least two hours of notice is given.

DATES:

This temporary final rule is effective from 7 a.m. on April 1, 2015 to 11 p.m. on November 30, 2015.

ADDRESSES:

Documents mentioned in this preamble are part of docket USCG-2014-1029. To view documents mentioned in this preamble as being available in the docket, go to 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 rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. To avoid duplication, please use only one of three methods.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION: Table of Acronyms CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking § Section Symbol U.S.C. United States Code A. Regulatory History and Information

On January 2, 2015, the Coast Guard published a Notice of Proposed Rulemaking (NPRM) entitled “Drawbridge Operation Regulation; Hoquiam River, Hoquiam, WA” in the Federal Register (80 FR 21). We received no comments on the proposed rule. No public meeting was requested, and none was held.

Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective in less than 30 days after publication in the Federal Register because to wait otherwise would be impracticable because WSDOT's work will commence on April 1, 2015 and, as noted below, there is no indication that the change will have a significant impact on any waterways users.

B. Basis and Purpose

WSDOT, who owns and operates the Simpson Avenue Bridge on the Hoquiam River in Hoquiam, Washington, has requested a change to the bridge's existing operating regulations in order to facilitate the maintenance and restoration of the bridge. The restoration project will entail painting, rust removal, and steel repairs which require a full containment system to keep paint and debris out of the Hoquiam River.

In an effort to accommodate both the needs of the waterway and highway users, WSDOT has requested a rule change in order to eliminate the need to repeatedly uninstall and reinstall the containment system. As such, the Coast Guard will change the bridge's current operating regulation from April 1, 2015 to November 30, 2015. During that time the drawbridge would be maintained in the closed position except that, upon at least two hours advance notice, one leaf of the double leaf bascule bridge would be opened.

Vessels that are able to transit under the bridge without an opening will be free to do so. However, the existing vertical navigation clearance of the closed draw span leaf (one half of the double leaf draw bridge), will be reduced from approximately 35 feet to approximately 25 feet at mean high tide and the horizontal navigation clearance will be reduced from 125 feet to approximately 52 feet. Navigation clearance reduction is due to the installation of a required containment system.

Vessel traffic along this part of the Hoquiam River consists of vessels ranging from commercial tug and barge to small pleasure craft. WSDOT has examined bridge opening logs and contacted all waterway users that have requested bridge openings throughout the last year. The input WSDOT received from waterway users indicated that the temporary rule change will have no impact on the known users.

C. Discussion of Final Rule

The Coast Guard will revise the operating regulations at 33 CFR 117.1047. The regulation currently states that the Simpson Avenue Bridge shall open on signal if at least one hour notice is given. The Coast Guard will change the regulation such that from 7 a.m. on April 1, 2015 to 6 p.m. on November 30, 2015, the draw of the Simpson Avenue Bridge, on the Hoquiam River at mile 0.5, at Hoquiam, Washington, shall open half of the bascule (single leaf) when at least two hours of advance notice is given. No alternate routes are available for this waterway. Vessels that can transit under the bridge without an opening may do so at any time, although the existing vertical navigation clearance of the closed draw span (one half of the double leaf draw bridge), will be reduced from approximately 35 feet to approximately 25 feet at mean high tide and the horizontal navigation clearance will be reduced from 125 feet to approximately 52 feet. Navigation clearance reduction is due to the installation of a required containment system.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. The Coast Guard has made this finding based on the fact that all requested bridge openings will be granted with advance notification and vessels that can safely transit under the bridge may do so at any time.

2. Impact on Small Entities

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

This rule would affect the following entities, some of which might be small entities: The owners or operators of vessels needing to transit the bridge at any time of day. This rulemaking will not have a significant economic impact on a substantial number of small entities for the following reasons: The bridge will still be able to open upon advance notification.

3. Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above.

Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule, after receiving no comments, under that Order and have determined that it does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule simply promulgates the operating regulations or procedures for drawbridges. This rule is categorically excluded, under figure 2-1, paragraph (32)(e), of the Instruction.

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

List of Subjects in 33 CFR Part 117 Bridges.

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

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

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

§ 117.1047 [Amended]
2. In § 117.1047, effective 7 a.m. on April 1, 2015 until 6 p.m. on November 30, 2015, suspend paragraph (c) and add paragraph (e) to read as follows:
§ 117.T1047 Hoquiam River.

(e) Half of the draw (single leaf) of the Simpson Avenue Bridge, mile 0.5, at Hoquiam, WA, shall open on signal if at least a two hour notice is given by telephone or VHF radio to the Washington State Department of Transportation. The opening signal is two prolonged blasts followed by one short blast.

Dated: March 18, 2015. R.T. Gromlich, Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 2015-07317 Filed 4-1-15; 11:15 am] BILLING CODE 9110-04-P
DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 3 RIN 2900-AP33 Technical Corrections AGENCY:

Department of Veterans Affairs.

ACTION:

Final rule.

SUMMARY:

The Department of Veterans Affairs (VA) amends its regulations to remove out-of-date legal citations and add the correct authority. This rulemaking contains only nonsubstantive, technical changes.

DATES:

This rule is effective April 3, 2015.

FOR FURTHER INFORMATION CONTACT:

Michael Rasmussen, Consultant, Regulations Staff (211D), Compensation Service, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-9700. (This is not a toll-free telephone number.)

SUPPLEMENTARY INFORMATION:

On December 2, 2005, VA published a final rule removing 38 CFR 3.5(e) and adding 38 CFR 3.10. 70 FR 72211. Section 3.10(e)(3) regards payment information for surviving spouses in receipt of Dependency and Indemnity Compensation (DIC) and clearly contains an erroneous cross reference to § 3.351(f), which regards death pension. Therefore, VA is correcting this technical error by removing the cross reference to § 3.351(f) and adding, in its place, a cross reference to § 3.351(e), the paragraph regarding DIC.

On September 30, 1997, VA published a final rule redesignating 38 CFR 3.105(h) as § 3.105(i). 62 FR 51274. However, VA failed to update the cross reference to § 3.105(h)(1) in 38 CFR 3.655(c)(4). Therefore, VA is correcting the cross reference in § 3.655(c)(4) to correctly refer to § 3.105(i)(1).

Lastly, on December 29, 2006, VA published a final rule redesignating 38 CFR 3.1000(a)(4) as § 3.1000(a)(5) and adding a new paragraph § 3.1000(a)(4). 71 FR 78368. However, VA failed to update the cross references to § 3.1000(a)(4) in §§ 3.1000(b)(3), (c)(1), and (f) and 3.1003(a). Therefore, VA is correcting the above-noted sections to correctly refer to § 3.1000(a)(5).

Administrative Procedure Act

Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b)(B), VA has determined that prior notice and opportunity for comment on this rulemaking are unnecessary. This final rule consists of nonsubstantive, technical changes that merely amend VA's regulations to reflect the correct legal citations. For this reason, VA has also determined that there is good cause to waive the 30-day delayed effective date requirement under 5 U.S.C. 553(d)(3).

Executive Orders 12866 and 13563

Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 12866 (Regulatory Planning and Review) defines a “significant regulatory action” requiring review by the Office of Management and Budget (OMB), unless OMB waives such review, as “any regulatory action that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive Order.”

The economic, interagency, budgetary, legal, and policy implications of this regulatory action have been examined, and it has been determined not to be a significant regulatory action under Executive Order 12866. VA's impact analysis can be found as a supporting document at http://www.regulations.gov, usually within 48 hours after the rulemaking document is published. Additionally, a copy of this rulemaking and its impact analysis are available on VA's Web site at http://www.va.gov/orpm/, by following the link for VA Regulations Published from FY 2004 through Fiscal Year to Date.

Regulatory Flexibility Act

The Secretary hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act (5 U.S.C. 601-612). This final rule will directly affect only individuals and will not directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is exempt from the final regulatory flexibility analysis requirements of section 604.

Unfunded Mandates

The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year. This final rule will have no such effect on State, local, and tribal governments, or on the private sector.

Paperwork Reduction Act

This final rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521).

Catalog of Federal Domestic Assistance

The Catalog of Federal Domestic Assistance numbers and titles for the programs affected by this document are 64.101, Burial Expenses Allowance for Veterans; 64.104, Pension for Non-Service-Connected Disability for Veterans; 64.105, Pension to Veterans Surviving Spouses, and Children; 64.109, Veterans Compensation for Service-Connected Disability; 64.110, Veterans Dependency and Indemnity Compensation for Service-Connected Death.

Signing Authority

The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Jose D. Riojas, Chief of Staff, Department of Veterans Affairs, approved this document on March 26, 2015, for publication.

List of Subjects in 38 CFR Part 3

Administrative practice and procedure, Claims, Disability benefits, Veterans.

Dated: March 30, 2015. Michael P. Shores, Chief Impact Analyst, Office of Regulation Policy & Management, Office of the General Counsel, U.S. Department of Veterans Affairs.

For the reasons set out in the preamble, the Department of Veterans Affairs amends 38 CFR part 3 as follows:

PART 3—ADJUDICATION Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation 1. The authority citation for part 3, subpart A continues to read as follows: Authority:

38 U.S.C. 501(a), unless otherwise noted.

§ 3.10 [Amended]
2. Amend § 3.10(e)(3) by removing “§ 3.351(f)” and adding in its place “§ 3.351(e)”.
§ 3.655 [Amended]
3. Amend § 3.655(c)(4) by removing “§ 3.105(h)(1)” and adding in its place “§ 3.105(i)(1)”.
§ 3.1000 [Amended]
4. Amend § 3.1000 as follows: a. In paragraph (b)(3), by removing “(a)(4)” and adding in its place “(a)(5)”. b. In paragraph (c)(1), by removing “(a)(4)” and adding in its place “(a)(5)”. c. In paragraph (f), by removing both references to “(a)(4)” and adding in each place “(a)(5)”.
§ 3.1003 [Amended]
5. Amend § 3.1003 as follows: a. In paragraph (a) introductory text, by removing “3.1000(a)(1) through (4)” and adding in its place “3.1000(a)(1) through (5)” and by removing “3.1000(a)(4)” and adding in its place “3.1000(a)(5)”. b. In paragraph (a)(2), by removing “3.1000(a)(1) through (4)” and adding in its place “3.1000(a)(1) through (5)”.
[FR Doc. 2015-07540 Filed 4-2-15; 8:45 am] BILLING CODE 8320-01-P
POSTAL REGULATORY COMMISSION 39 CFR Part 3020 [Docket Nos. MC2010-21 and CP2010-36] Update to Product Lists AGENCY:

Postal Regulatory Commission.

ACTION:

Final rule.

SUMMARY:

The Commission is updating the product lists. This action reflects a publication policy adopted by Commission order. The referenced policy assumes periodic updates. The updates are identified in the body of this document. The product lists, which is re-published in its entirety, includes these updates.

DATES:

Effective Date: April 3, 2015.

Applicability Dates: December 23, 2014, Priority Mail Contract 104 (MC2015-19 and CP2015-23); December 23, 2014, Priority Mail Contract 103 (MC2015-17 and CP2015-21); December 23, 2014, Priority Mail Express Contract 22 (MC2015-15 and CP2015-19); December 30, 2014, Priority Mail Express Contract 24 (MC2015-21 and CP2015-26); January 7, 2015, Priority Mail Contract 105 (MC2015-20 and CP2015-25); January 9, 2015, Priority Mail Express Contract 25 (MC2015-22 and CP2015-28); January 13, 2015, Global Expedited Package Services—Non-Published Rates Contract 5 (MC2015-23 and CP2015-29); February 6, 2015, Priority Mail & First-Class Package Service Contract 2 (MC2015-24 and CP2015-32); February 10, 2015, Priority Mail Contract 111 (MC2015-30 and CP2015-39); February 11, 2015, Priority Mail Contract 108 (MC2015-27 and CP2015-36); February 11, 2015, Priority Mail Contract 110 (MC2015-29 and CP2015-38); February 11, 2015, Priority Mail Contract 106 (MC2015-25 and CP2015-34); February 12, 2015, Priority Mail Contract 107 (MC2015-26 and CP2015-35); February 20, 2015, Priority Mail Contract 109 (MC2015-28 and CP2015-37); February 24, 2015, Priority Mail International Regional Rate Boxes Contract 1 (MC2015-31 and CP2015-40); February 27, 2015, Priority Mail Contract 113 (MC2015-33 and CP2015-43); March 2, 2015, Priority Mail Contract 112 (MC2015-32 and CP2015-42); March 17, 2015, Priority Mail Contract 119 (MC2015-39 and CP2015-50); March 17, 2015, Priority Mail Contract 117 (MC2015-37 and CP2015-48); March 18, 2015, Priority Mail Contract 115 (MC2015-35 and CP2015-46); March 19, 2015, Priority Mail Contract 116 (MC2015-36 and CP2015-47); March 19, 2015, Priority Mail Contract 120 (MC2015-40 and CP2015-51); March 19, 2015, Priority Mail Contract 114 (MC2015-34 and CP2015-45); and March 20, 2015, Priority Mail Contract 118 (MC2015-38 and CP2015-49).

FOR FURTHER INFORMATION CONTACT:

David A. Trissell, General Counsel, at 202-789-6800.

SUPPLEMENTARY INFORMATION:

This document identifies updates to the product lists, which appear as 39 CFR Appendix A to Subpart A of Part 3020—Mail Classification Schedule. Publication of the updated product lists in the Federal Register is addressed in the Postal Accountability and Enhancement Act (PAEA) of 2006.

Authorization. The Commission process for periodic publication of updates was established in Docket Nos. MC2010-21 and CP2010-36, Order No. 445, April 22, 2010, at 8.

Changes. The product lists are being updated by publishing a replacement in its entirety of 39 CFR Appendix A to Subpart A of Part 3020—Mail Classification Schedule. The following products are being added, removed, or moved within the product lists:

1. Priority Mail Contract 104 (MC2015-19 and CP2015-23) (Order No. 2302), added December 23, 2014.

2. Priority Mail Contract 103 (MC2015-17 and CP2015-21) (Order No. 2305), added December 23, 2014.

3. Priority Mail Express Contact 22 (MC2015-15 and CP2015-19) (Order No. 2307), added December 23, 2014.

4. Priority Mail Express Contract 24 (MC2015-21 and CP2015-26) (Order No. 2311), added December 30, 2014.

5. Priority Mail Contract 105 (MC2015-20 and CP2015-25) (Order No. 2317), added January 7, 2015.

6. Priority Mail Express Contract 25 (MC2015-22 and CP2015-28) (Order No. 2318), added January 9, 2015.

7. Global Expedited Package Services—Non-Published Rates Contract 5 (MC2015-23 and CP2015-29) (Order No. 2320), added January 13, 2015.

8. Priority Mail & First-Class Package Service Contract 2 (MC2015-24 and CP2015-32) (Order No. 2347), added February 6, 2015.

9. Priority Mail Contract 111 (MC2015-30 and CP2015-39) (Order No. 2352), added February 10, 2015.

10. Priority Mail Contract 108 (MC2015-27 and CP2015-36) (Order No. 2353), added February 11, 2015.

11. Priority Mail Contract 110 (MC2015-29 and CP2015-38) (Order No. 2354), added February 11, 2015.

12. Priority Mail Contract 106 (MC2015-25 and CP2015-34) (Order No. 2355), added February 11, 2015.

13. Priority Mail Contract 107 (MC2015-26 and CP2015-35) (Order No. 2356), added February 12, 2015.

14. Priority Mail Contract 109 (MC2015-28 and CP2015-37) (Order No. 2362), added February 20, 2015.

15. Priority Mail International Regional Rate Boxes Contract 1 (MC2015-31 and CP2015-40) (Order No. 2364), added February 24, 2015.

16. Priority Mail Contract 113 (MC2015-33 and CP2015-43) (Order No. 2371), added February 27, 2015.

17. Priority Mail Contract 112 (MC2015-32 and CP2015-42) (Order No. 2373), added March 2, 2015.

18. Priority Mail Contract 119 (MC2015-39 and CP2015-50) (Order No. 2393), added March 17, 2015.

19. Priority Mail Contract 117 (MC2015-37 and CP2015-48) (Order No. 2396), added March 17, 2015.

20. Priority Mail Contract 115 (MC2015-35 and CP2015-46) (Order No. 2399), added March 18, 2015.

21. Priority Mail Contract 116 (MC2015-36 and CP2015-47) (Order No. 2401), added March 19, 2015.

22. Priority Mail Contract 120 (MC2015-40 and CP2015-51) (Order No. 2403), added March 19, 2015.

23. Priority Mail Contract 114 (MC2015-34 and CP2015-45) (Order No. 2404), added March 19, 2015.

24. Priority Mail Contract 118 (MC2015-38 and CP2015-49) (Order No. 2405), added March 20, 2015.

Updated product lists. The referenced changes to the product lists are incorporated into 39 CFR Appendix A to Subpart A of Part 3020—Mail Classification Schedule.

List of Subjects in 39 CFR Part 3020

Administrative practice and procedure, Postal Service.

For the reasons discussed in the preamble, the Postal Regulatory Commission amends chapter III of title 39 of the Code of Federal Regulations as follows:

PART 3020—PRODUCT LISTS 1. The authority citation for part 3020 continues to read as follows: Authority:

39 U.S.C. 503; 3622; 3631; 3642; 3682.

2. Revise Appendix A to Subpart A of Part 3020—Mail Classification Schedule to read as follows: Appendix A to Subpart A of Part 3020—Mail Classification Schedule

(An asterisk (*) indicates an organizational group, not a Postal Service product.)

Part A—Market Dominant Products 1000 Market Dominant Product List First-Class Mail* Single-Piece Letters/Postcards Presorted Letters/Postcards Flats Parcels Outbound Single-Piece First-Class Mail International Inbound Letter Post Standard Mail (Commercial and Nonprofit)* High Density and Saturation Letters High Density and Saturation Flats/Parcels Carrier Route Letters Flats Parcels Every Door Direct Mail—Retail Periodicals* In-County Periodicals Outside County Periodicals Package Services* Alaska Bypass Service Bound Printed Matter Flats Bound Printed Matter Parcels Media Mail/Library Mail Special Services* Ancillary Services International Ancillary Services Address Management Services Caller Service Credit Card Authentication International Reply Coupon Service International Business Reply Mail Service Money Orders Post Office Box Service Customized Postage Stamp Fulfillment Services Negotiated Service Agreements* Domestic* Discover Financial Services 1 Valassis Direct Mail, Inc. Negotiated Service Agreement PHI Acquisitions, Inc. Negotiated Service Agreement International* Inbound Market Dominant Multi-Service Agreements with Foreign Postal Operators Inbound Market Dominant Exprés Service Agreement 1 Nonpostal Services* Alliances with the Private Sector to Defray Cost of Key Postal Functions Philatelic Sales Market Tests* Part B—Competitive Products 2000 Competitive Product List Domestic Products* Priority Mail Express Priority Mail Parcel Select Parcel Return Service First-Class Package Service Standard Post International Products* Outbound International Expedited Services Inbound Parcel Post (at UPU rates) Outbound Priority Mail International International Priority Airmail (IPA) International Surface Air List (ISAL) International Direct Sacks—M-Bags Outbound Single-Piece First-Class Package International Service Negotiated Service Agreements* Domestic* Priority Mail Express Contract 8 Priority Mail Express Contract 10 Priority Mail Express Contract 11 Priority Mail Express Contract 12 Priority Mail Express Contract 13 Priority Mail Express Contract 14 Priority Mail Express Contract 15 Priority Mail Express Contract 16 Priority Mail Express Contract 17 Priority Mail Express Contract 18 Priority Mail Express Contract 19 Priority Mail Express Contract 20 Priority Mail Express Contract 21 Priority Mail Express Contract 22 Priority Mail Express Contract 23 Priority Mail Express Contract 24 Priority Mail Express Contract 25 Parcel Return Service Contract 3 Parcel Return Service Contract 4 Parcel Return Service Contract 5 Priority Mail Contract 24 Priority Mail Contract 29 Priority Mail Contract 31 Priority Mail Contract 32 Priority Mail Contract 33 Priority Mail Contract 34 Priority Mail Contract 35 Priority Mail Contract 36 Priority Mail Contract 38 Priority Mail Contract 39 Priority Mail Contract 40 Priority Mail Contract 41 Priority Mail Contract 42 Priority Mail Contract 43 Priority Mail Contract 44 Priority Mail Contract 45 Priority Mail Contract 46 Priority Mail Contract 47 Priority Mail Contract 48 Priority Mail Contract 49 Priority Mail Contract 50 Priority Mail Contract 51 Priority Mail Contract 52 Priority Mail Contract 53 Priority Mail Contract 54 Priority Mail Contract 55 Priority Mail Contract 56 Priority Mail Contract 57 Priority Mail Contract 58 Priority Mail Contract 59 Priority Mail Contract 60 Priority Mail Contract 61 Priority Mail Contract 62 Priority Mail Contract 63 Priority Mail Contract 64 Priority Mail Contract 65 Priority Mail Contract 66 Priority Mail Contract 67 Priority Mail Contract 68 Priority Mail Contract 69 Priority Mail Contract 70 Priority Mail Contract 71 Priority Mail Contract 72 Priority Mail Contract 73 Priority Mail Contract 74 Priority Mail Contract 75 Priority Mail Contract 76 Priority Mail Contract 77 Priority Mail Contract 78 Priority Mail Contract 79 Priority Mail Contract 80 Priority Mail Contract 81 Priority Mail Contract 82 Priority Mail Contract 83 Priority Mail Contract 84 Priority Mail Contract 85 Priority Mail Contract 86 Priority Mail Contract 87 Priority Mail Contract 88 Priority Mail Contract 89 Priority Mail Contract 90 Priority Mail Contract 91 Priority Mail Contract 92 Priority Mail Contract 93 Priority Mail Contract 94 Priority Mail Contract 95 Priority Mail Contract 96 Priority Mail Contract 97 Priority Mail Contract 98 Priority Mail Contract 99 Priority Mail Contract 100 Priority Mail Contract 101 Priority Mail Contract 102 Priority Mail Contract 103 Priority Mail Contract 104 Priority Mail Contract 105 Priority Mail Contract 106 Priority Mail Contract 107 Priority Mail Contract 108 Priority Mail Contract 109 Priority Mail Contract 110 Priority Mail Contract 111 Priority Mail Contract 112 Priority Mail Contract 113 Priority Mail Contract 114 Priority Mail Contract 115 Priority Mail Contract 116 Priority Mail Contract 117 Priority Mail Contract 118 Priority Mail Contract 119 Priority Mail Contract 120 Priority Mail Express & Priority Mail Contract 9 Priority Mail Express & Priority Mail Contract 10 Priority Mail Express & Priority Mail Contract 11 Priority Mail Express & Priority Mail Contract 12 Priority Mail Express & Priority Mail Contract 13 Priority Mail Express & Priority Mail Contract 14 Priority Mail Express & Priority Mail Contract 15 Priority Mail Express & Priority Mail Contract 16 Parcel Select & Parcel Return Service Contract 3 Parcel Select & Parcel Return Service Contract 5 Parcel Select Contract 1 Parcel Select Contract 2 Parcel Select Contract 3 Parcel Select Contract 4 Parcel Select Contract 5 Parcel Select Contract 6 Parcel Select Contract 7 Parcel Select Contract 8 Priority Mail—Non-Published Rates Priority Mail—Non-Published Rates 1 First-Class Package Service Contract 1 First-Class Package Service Contract 3 First-Class Package Service Contract 4 First-Class Package Service Contract 5 First-Class Package Service Contract 6 First-Class Package Service Contract 7 First-Class Package Service Contract 8 First-Class Package Service Contract 9 First-Class Package Service Contract 10 First-Class Package Service Contract 11 First-Class Package Service Contract 12 First-Class Package Service Contract 13 First-Class Package Service Contract 14 First-Class Package Service Contract 15 First-Class Package Service Contract 16 First-Class Package Service Contract 17 First-Class Package Service Contract 18 First-Class Package Service Contract 19 First-Class Package Service Contract 20 First-Class Package Service Contract 21 First-Class Package Service Contract 22 First-Class Package Service Contract 23 First-Class Package Service Contract 24 First-Class Package Service Contract 25 First-Class Package Service Contract 26 First-Class Package Service Contract 27 First-Class Package Service Contract 28 First-Class Package Service Contract 29 First-Class Package Service Contract 30 First-Class Package Service Contract 31 First-Class Package Service Contract 32 First-Class Package Service Contract 33 First-Class Package Service Contract 34 First-Class Package Service Contract 35 First-Class Package Service Contract 36 First-Class Package Service Contract 37 Priority Mail Express, Priority Mail & First-Class Package Service Contract 1 Priority Mail Express, Priority Mail & First-Class Package Service Contract 2 Priority Mail Express, Priority Mail & First-Class Package Service Contract 3 Priority Mail Express, Priority Mail & First-Class Package Service Contract 4 Priority Mail & First-Class Package Service Contract 1 Priority Mail & First-Class Package Service Contract 2 Outbound International * Global Expedited Package Services (GEPS) Contracts GEPS 3 Global Direct Contracts Global Direct Contracts 1 Global Bulk Economy (GBE) Contracts Global Plus Contracts Global Plus 1C Global Plus 2C Global Reseller Expedited Package Contracts Global Reseller Expedited Package Services 1 Global Reseller Expedited Package Services 2 Global Reseller Expedited Package Services 3 Global Reseller Expedited Package Services 4 Global Expedited Package Services (GEPS)—Non-Published Rates Global Expedited Package Services (GEPS)—Non-Published Rates 2 Global Expedited Package Services (GEPS)—Non-Published Rates 3 Global Expedited Package Services (GEPS)—Non-Published Rates 4 Global Expedited Package Services (GEPS)—Non-Published Rates 5 Priority Mail International Regional Rate Boxes—Non-Published Rates Outbound Competitive International Merchandise Return Service Agreement with Royal Mail Group, Ltd. Priority Mail International Regional Rate Boxes Contract 1 Inbound International * International Business Reply Service (IBRS) Competitive Contracts International Business Reply Service Competitive Contract 1 International Business Reply Service Competitive Contract 3 Inbound Direct Entry Contracts with Customers Inbound Direct Entry Contracts with Foreign Postal Administrations Inbound Direct Entry Contracts with Foreign Postal Administrations Inbound Direct Entry Contracts with Foreign Postal Administrations 1 Inbound EMS Inbound EMS 2 Inbound Air Parcel Post (at non-UPU rates) Royal Mail Group Inbound Air Parcel Post Agreement Inbound Competitive Multi-Service Agreements with Foreign Postal Operators 1 Special Services * Address Enhancement Services Greeting Cards, Gift Cards, and Stationery International Ancillary Services International Money Transfer Service—Outbound International Money Transfer Service—Inbound Premium Forwarding Service Shipping and Mailing Supplies Post Office Box Service Competitive Ancillary Services Nonpostal Services * Advertising Licensing of Intellectual Property other than Officially Licensed Retail Products (OLRP) Mail Service Promotion Officially Licensed Retail Products (OLRP) Passport Photo Service Photocopying Service Rental, Leasing, Licensing or other Non-Sale Disposition of Tangible Property Training Facilities and Related Services USPS Electronic Postmark (EPM) Program Market Tests * Metro Post International Merchandise Return Service (IMRS)—Non-Published Rates Customized Delivery
Shoshana M. Grove, Secretary.
[FR Doc. 2015-07680 Filed 4-2-15; 8:45 am] BILLING CODE 7710-FW-P
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 49 and 81 [EPA-R09-OAR-2014-0869; FRL-9924-45-Region 9] Approval of Tribal Implementation Plan and Designation of Air Quality Planning Area; Pechanga Band of Luiseño Mission Indians AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

The Environmental Protection Agency (EPA) is taking final action to revise the boundaries of the Southern California air quality planning areas to designate the reservation of the Pechanga Band of Luiseño Mission Indians of the Pechanga Reservation, California as a separate air quality planning area for the 1997 8-hour ozone National Ambient Air Quality Standard. The EPA is also taking final action to approve the Tribe's tribal implementation plan (“TIP”) for maintaining the 1997 8-hour ozone standard within the Pechanga Reservation through 2025 because it meets the Clean Air Act's and the EPA's requirements for maintenance plans. Lastly, based in part on the approval of the maintenance plan, the EPA is granting a request from the Tribe to redesignate the Pechanga Reservation nonattainment area to attainment for the 1997 8-hour ozone standard because the area meets the statutory requirements for redesignation under the Clean Air Act.

DATES:

This rule is effective on April 3, 2015.

ADDRESSES:

The EPA has established docket number EPA-R09-OAR-2014-0869 for this action. The index to the docket is available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., Confidential Business Information). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT:

Ken Israels, Grants and Program Integration Office (AIR-8), U.S. Environmental Protection Agency, Region IX, (415) 947-4102, [email protected].

SUPPLEMENTARY INFORMATION:

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

Table of Contents I. Summary of Proposed Action II. Comments and Responses III. Final Action IV. Statutory and Executive Order Reviews I. Summary of Proposed Action

On January 6, 2015 (80 FR 436), under section 107(d)(3) of the Clean Air Act (CAA or “Act”), the EPA proposed to revise the boundaries of the South Coast 1 and San Diego County air quality planning areas for the 1997 8-hour ozone 2 national ambient air quality standard (NAAQS or “standard”) to designate the Pechanga Reservation 3 as a separate nonattainment area for the 1997 8-hour ozone standard.4 We proposed to do so based on our conclusion that factors such as air quality data, meteorology, and topography do not definitively support inclusion of the reservation in either the South Coast or the San Diego County air quality planning areas, that emissions sources at the Pechanga Reservation contribute minimally to regional ozone concentrations, and that the jurisdictional boundaries factor should be given particular weight under these circumstances.5 Once this action is effective, the Pechanga air quality planning area for the 1997 8-hour ozone standard will have the same boundaries as the Pechanga nonattainment area for the 2008 ozone standard and the 2012 annual PM2.5 standard.6

1 The South Coast includes Orange County, the southwestern two-thirds of Los Angeles County, southwestern San Bernardino County, and western Riverside County. See 40 CFR 81.305.

2 Ground-level ozone is a gas that is formed by the reaction of volatile organic compounds (VOC) and oxides of nitrogen (NOX) in the atmosphere in the presence of sunlight. These precursor emissions are emitted by many types of pollution sources, including stationary sources such as power plants and industrial emissions sources, mobile sources such as on-road and nonroad motor vehicles and engines, and smaller sources that are collectively referred to as “area sources.”

3 The Pechanga Band of Luiseño Mission Indians of the Pechanga Reservation (Pechanga Tribe or “Tribe”) is a federally-recognized tribe whose reservation (“Pechanga Reservation” or “reservation”) straddles the boundary between western Riverside County and northern San Diego County where Temecula Valley meets the complex topography that forms the boundary between these two counties.

4 In 1997, the EPA revised the ozone standard to 0.08 ppm, 8-hour average (“1997 8-hour ozone standard”), and then, in 2008, lowered the eight-hour ozone standard to 0.075 ppm (“2008 ozone standard”).

5 In proposing to revise the boundaries of the South Coast and San Diego air quality planning areas and to establish the Pechanga Reservation as a separate area for the 1997 8-hour ozone standard, the EPA applied the principles set forth in the EPA's “Policy for Establishing Separate Air Quality Designations for Areas in Indian Country” (“Tribal Designation Policy”). See memorandum from Stephen D. Page, Director, EPA Office of Air Quality Planning and Standards, to EPA Regional Air Directors, Regions I-X, dated December 20, 2011, titled “Policy for Establishing Separate Air Quality Designations for Areas of Indian Country.” A copy of the Tribal Designation Policy can be found at http://www.epa.gov/ozonedesignations/guidance.htm.

6 We designated the Pechanga Reservation as a separate air quality planning area for the 2008 ozone standard in 2012 (77 FR 30088, at 30109; May 21, 2012). More recently, we designated the Pechanga Reservation as a separate air quality planning area for the 2012 annual fine particle (PM2.5) standard. See 80 FR 2206, at 2225 (January 15, 2015).

Under CAA section 110(k), the EPA also proposed to approve the Pechanga Ozone Maintenance Plan, submitted by the Tribe on November 4, 2014, as the Tribe's TIP for maintaining the 1997 8-hour ozone standard within the Pechanga Reservation for ten years beyond redesignation, because it meets the requirements for maintenance plans under CAA section 175A.

Lastly, under CAA section 107(d)(3), and based in part on the approval of the Pechanga Ozone Maintenance Plan, the EPA proposed to grant a request from the Tribe to redesignate the newly-established Pechanga Reservation ozone air quality planning area to attainment for the 1997 8-hour ozone standard because the request meets the statutory requirements for redesignation under the Clean Air Act. References herein to our “proposed rule” refer to the proposed rule published on January 6, 2015 at 80 FR 436 through 449.

Generally, maintenance plans establish motor vehicle emissions budgets for the last year of the maintenance plan, at a minimum (40 CFR 93.118(b)(2)(i)). However, the Pechanga Tribe did not include motor vehicle emissions budgets for the last year of this maintenance plan because, at the time the maintenance plan was developed, the EPA had revoked the 1997 8-hour ozone standard for transportation conformity purposes, effective July 20, 2013. See 77 FR 30160 (May 21, 2012). However, on December 23, 2014, the DC Circuit held that the EPA lacked authority for such a partial revocation of the 1997 8-hour ozone standard and effectively reinstituted transportation conformity requirements for areas designated nonattainment for the 1997 8-hour ozone standard or redesignated to attainment with an approved CAA section 175A maintenance plan. The Court did not question the EPA's authority to revoke a standard in total. See Natural Resources Defense Council v. EPA (D.C. Cir. No. 12-1321, December 23, 2014). Since the Court's decision, the EPA has published a final rule that, among other things, revokes the 1997 ozone NAAQS for all purposes, including transportation conformity, effective April 6, 2015. See 80 FR 12264 (March 6, 2015). After that date, transportation conformity will no longer be required for the 1997 8-hour ozone standard. The Pechanga Reservation air quality planning area will remain designated nonattainment for the 2008 ozone standard, and transportation conformity continues to apply for that NAAQS.7

7 The transportation conformity rule includes the requirements for the tests that must be satisfied in areas such as the Pechanga Reservation area which does not have its own motor vehicle emission budgets but whose emissions were previously included in budgets for a larger nonattainment area. See 40 CFR 93.109(c)(2)(ii).

As we explained in our proposed rule, upon the effective date of our action, certain CAA requirements that had applied to the Pechanga Reservation by virtue of its inclusion in the South Coast “Extreme” ozone nonattainment area for the 1-hour ozone standard no longer apply, nor do the requirements that had applied to the reservation by virtue of its designation as “Severe-17” for the 1997 8-hour ozone standard. The requirements that no longer apply include, among others, the nonattainment New Source Review (“NNSR”) major source threshold of 10 tons per year (tpy) for ozone precursor emissions in “Extreme” ozone nonattainment areas. New or modified stationary sources proposed at the Pechanga Reservation remain subject to major source nonattainment NNSR, however, by virtue of the reservation's classification as a “Moderate” ozone nonattainment area for the 2008 ozone standard. The NNSR major source threshold in “Moderate” ozone nonattainment areas is 100 tpy for VOC or NOX.

In our proposed rule, we also explained that, in concluding that it is appropriate to propose approval of the Tribe's request for boundary changes and designation to attainment for the 1997 8-hour ozone standard, the EPA relies heavily on the fact that this is a request from a federally-recognized tribal government. The Pechanga Tribe has been determined previously to qualify for treatment in the same manner as a state (also referred to as “TAS”) for purposes of CAA section 107(d) and sections 110 and 175A and the submitted maintenance plan, and the lands under consideration here are subject to the EPA's Tribal Designation Policy. The EPA finds that the Tribe's request for a separate area is consistent with the principles set forth in that policy.

The EPA also explained in the proposed rule that our proposed action relies on the facts that there are valid monitoring data showing that current air quality at the Pechanga Reservation meets the 1997 8-hour ozone standard and that the emissions from sources on the Pechanga Reservation are minimal and do not contribute in any meaningful way to ambient concentrations in any nearby ozone nonattainment area. Finally, we noted that the action to establish a separate air quality planning area would simplify implementation of the ozone standards by eliminating the division of the reservation into two different planning areas for the same criteria pollutant standard, the 1997 8-hour ozone standard. This separate treatment of the Pechanga Reservation is consistent with the EPA's prior final actions to reclassify the South Coast ozone nonattainment area in 2010, to establish a separate air quality planning area for the 2008 ozone standard in 2012, and to establish a separate air quality planning area for the 2012 annual PM2.5 standard in 2015. In summary, we noted in our proposed rule that the proposed changes in the boundaries and the status of this area are supported by several unique factors that are unlikely to be present in other nonattainment areas.

Please see our proposed rule and related technical support document (TSD) for additional background information about the Pechanga Reservation, the regulatory context, the Tribe's request for a boundary change, and the Tribe's redesignation request, as well as a more detailed explanation of our rationale for the proposed actions.

II. Comments and Responses

Our proposed rule provided for a 30-day comment period. During this period, we received comments from the South Coast Air Quality Management District (SCAQMD or “District”).8 We have summarized the comments, and provide responses in the paragraphs that follow.

8 On March 3, 2015, the EPA received a late comment letter from the Tribe responding to the SCAQMD's comment letter on the proposed rule. We have not provided responses to the comments in the Tribe's letter in this document but have included it in the docket for this rulemaking.

SCAQMD Comment #1: The SCAQMD states that it knows of no precedent for the EPA to determine the attainment status for an entire separate nonattainment area based on monitors located outside that area, at least where the data are being used to support redesignation from nonattainment to attainment. In addition to the lack of precedent, the SCAQMD also cites statements by the EPA to the effect that monitoring requirements apply “in the area;” the EPA's definition of “design value,” which refers to the highest site “in any attainment area or nonattainment area;” and the decision by the EPA not to designate the Pechanga Reservation as a separate “attainment” area for the 2008 ozone standard based on the lack of a regulatory monitor at the reservation, as support for the SCAQMD's conclusion that EPA's regulations do not authorize monitoring data collected outside a given nonattainment area to be used as the basis for determining whether a nonattainment area is attaining the NAAQS for the purposes of redesignation. Lastly, the SCAQMD contends that the EPA must justify its approach and must demonstrate why it will not lead to further attempts by areas within the South Coast to establish separate ozone planning areas to obtain the benefits of a lower ozone classification or a redesignation to attainment.

Response to SCAQMD Comment #1: As described at pages 442 and 443 of our proposed rule, we proposed a finding of attainment based on (1) ozone data collected at a monitor (the “Temecula” monitor) located approximately 10 miles north of the Pechanga Reservation and (2) a comparison of Temecula data with available data from the Pechanga ozone monitor. The Temecula data establishes an ozone design value below the 1997 8-hour ozone standard, and the Pechanga data, which includes two complete years (2012 and 2013) of regulatory data, provides the basis for comparison with corresponding Temecula data and thereby establishes representativeness.

Thus, we are not relying solely on the out-of-area data in that we determined that the Temecula data was representative of ozone conditions on the Pechanga Reservation based in part on quality-assured and certified ambient ozone data collected at the regulatory monitor operated on the Pechanga Reservation. Data collected from the Pechanga monitor includes two complete years (2012 and 2013) with which to compare data from the Temecula data, and as shown in table 1 of our proposed rule (80 FR at 443), the fourth highest 8-hour ozone concentrations track very closely at the two sites during those two years, which is expected considering that ozone pollution is regional in nature, the two monitors are only 10 miles apart, and no significant topographic barriers lie between the two monitoring sites.

Also, since publication of the proposed rule, additional preliminary data for year 2014 has become available from both the Temecula and Pechanga monitors. Table 1 below presents the data for 2012 and 2013 previously presented in the proposed rule and adds preliminary data for 2014. While available preliminary 2014 data suggests that higher ozone concentrations were measured at the Pechanga monitor than at the Temecula monitor, the comparison of data between the two sites for 2014 is constrained by the fact that available preliminary 2014 data for Temecula only runs through the end of September 2014 and that data from August 29th-September 17th, which is during the peak ozone season, is missing because of a data logger problem, whereas the 2014 data from the Pechanga monitor reflects all four quarters. Despite its limitations, the available preliminary data for 2014 continues to be consistent with our proposed determination of attainment (which is based on complete, quality-assured, and certified data from the Temecula monitor for years 2011-2013) and is, at the very least, not inconsistent with our determination that the Temecula data are representative of ozone conditions at the Pechanga Reservation. Please see the docket of this final action for an updated analysis that further demonstrates the representativeness of the Temecula data for the purposes of this action.9

9 Please see the docket item titled, “Maximum Daily 8-hour Ozone Concentrations for Selected Monitors 2012-2014” for the updated data presentation.

Table 1—Fourth Highest 8-Hour Ozone Concentrations at Temecula and Pechanga Monitors, 2012-2014, ppm Monitor
  • (site code)
  • 2012 2013 2014 a 2012-2014 design
  • value ab
  • Temecula (06-065-0016) 0.077 0.074 0.074 0.075 Pechanga (06-065-0009) 0.075 0.074 0.079 0.076 a All data for year 2014 are preliminary. The 2014 data shown for the Temecula monitor reflects preliminary data from AQS for the first three quarters of 2014. The 2014 data for the Pechanga monitor reflect preliminary data for all four quarters. b The 1997 8-hour ozone standard is attained where the design value is less than or equal to 0.08 ppm. See 40 CFR part 50, appendix I. Given the rounding conventions, however, attainment is achieved where design values are 0.084 ppm or less. See 40 CFR part 50, appendix I, section 2.3. The preliminary design values in this table are well below the relevant ozone NAAQS. Source: AQS Data Summary Report, dated May 16, 2014; AQS Data Summary Report, dated February 25, 2015.

    Our decision to rely on the Temecula data to determine that the Pechanga Reservation has attained the 1997 8-hour ozone standard is not inconsistent with the EPA's decision not to grant Pechanga's request for designation as a separate attainment area for the 2008 ozone standard. The SCAQMD is correct that, in our final rule designating areas for the 2008 ozone standard (77 FR 30088, May 21, 2012), we decided not to designate the Pechanga Reservation as a separate attainment area on the grounds that the Pechanga Tribe did not operate a regulatory monitor that showed that the area in fact was attaining the 2008 ozone standard.10 Instead, we designated the Pechanga Reservation as a separate nonattainment area for the 2008 ozone standard, and we did so based on ozone data from a proximate, state regulatory monitor (at Lake Elsinore). At the time of the designation for the 2008 ozone standard, the SCAQMD's Temecula monitor, which began monitoring ozone in Fall of 2010, only had one year of complete ozone data, and the SCAQMD's Lake Elsinore monitoring site was the nearest proximate regulatory ozone monitor with complete data.

    10 The 2008 ozone standard is 0.075 ppm, 8-hour average, and while the data in table 1 of this document from the Pechanga monitor are consistent with today's final determination that the Pechanga Reservation has attained the 1997 8-hour ozone standard, the data are also consistent with the EPA's designation of the Pechanga Reservation as a nonattainment area for the 2008 ozone standard.

    The EPA has considered the Pechanga monitor as a regulatory monitor since May 2010, but we invalidated the regulatory data collected prior to the correction of an equipment problem discovered in 2011 (and discussed below in Response to SCAQMD Comment #2), and thus the data from the Pechanga monitor were unavailable for use for the purposes of designating areas for the 2008 ozone standard. Regulatory monitors are those for which the monitoring objective is comparison with the NAAQS and that have adequately achieved the quality assurance and data requirements for regulatory decision making. As noted in our proposed rule (at 80 FR at 477), the Pechanga Tribe has committed in its maintenance plan to continue operating an ambient ozone monitor at the reservation, quality assuring the resulting monitoring data, and entering all data in AQS in accordance with federal requirements and guidelines to verify continued attainment of the 1997 8-hour ozone standard.

    Lastly, as to the potential for other areas within the South Coast to rely on out-of-area monitoring data to establish separate ozone planning areas to obtain the benefits of a lower ozone classification or a redesignation to attainment, we note that each request for a boundary change or a change in designation from “nonattainment” to “attainment” is evaluated on a case-by-case basis to determine whether all applicable CAA requirements are met, and different criteria apply depending upon the type of request. For boundary change requests, the EPA takes into account a number of factors, including air quality data, emissions sources, geographical and meteorological considerations, and jurisdiction, among others, when evaluating such requests. It is not necessarily the case that the same set of factors supporting our action on Pechanga Tribe's request for a separate area for the 1997 8-hour ozone standard would be relevant to (or would support) any other tribe's request for such a change. Requests for redesignation from “nonattainment” to “attainment” from states or tribes are evaluated based on the criteria set forth in CAA section 107(d)(3)(E).

    SCAQMD Comment #2: The SCAQMD suggests that the ambient values of monitoring data from the Pechanga monitor are increasing over time while the monitoring data from the SCAQMD Temecula monitor are decreasing. Based on that assertion, the SCAQMD does not believe that the SCAQMD Temecula monitoring data are representative of air quality on the Pechanga Reservation and asserts that, based on their conclusion that an upward trend in concentrations is occurring at the reservation, the maintenance plan does not demonstrate that it will maintain levels below the standard for the next ten years. The SCAQMD requests that the EPA provide a reasoned explanation demonstrating that this observed increasing trend at the Pechanga Reservation is not real, and that Pechanga ozone levels are actually decreasing as would be expected if Temecula data were representative.

    Response to SCAQMD Comment #2: The Pechanga Tribe began operation of an ozone monitor in mid-2008. In 2011, the EPA discovered an equipment problem at the Pechanga monitor that had the effect of diluting ambient ozone concentrations recorded by the monitor. The problem was corrected by the Tribe later in 2011, and the EPA considers the data collected since the problem was corrected to be valid for regulatory purposes. Conversely, the EPA considers the data collected prior to correction of the equipment problem to be invalid for NAAQS comparison purposes. The basis for invalidating the data are a comparison of ozone concentrations measured at other ozone monitors in the region that shows artificially low ozone readings at the Pechanga monitoring site throughout all of 2009, and all of 2010, suggesting that the equipment problem affected data values throughout those periods.11 Since the problem was corrected, in contrast to the earlier-collected data, the ozone data from the Pechanga monitor track well with other monitors in the region, particularly the Temecula monitor.

    11 See EPA Region IX, Pechanga Ozone Data Assessment, August 4, 2011.

    Given that the data collected at the Pechanga monitor from 2008 through 2011 (i.e., until equipment correction in late 2011) are invalid, we disagree with the SCAQMD's contention that the data shows that ozone concentrations have trended upward at the Pechanga Reservation but have trended downward at the Temecula site. While the preliminary data for 2014 collected at the Pechanga and Temecula sites are useful in showing that both monitors remain well below the 1997 8-hour ozone standard, we do not believe that a conclusion can be drawn regarding potential differences in ozone concentration trends at the two sites. First, the preliminary 2014 Temecula data has the potential to be artificially low due to missing data during the peak ozone season (see Response to SCAQMD Comment #1). Second, because we only have two complete years of data (2012 and 2013) and one year of preliminary data (2014) from the Pechanga monitor, we do not believe that we have sufficient data to establish a long-term trend of ozone concentrations at the Pechanga Reservation. However, we need only three years of data for an attainment determination, and we have three years of complete, quality-assured and certified data showing that the ozone concentrations at the Temecula site meet the 1997 8-hour ozone standard. Also, taking into account preliminary 2014 data, we now have three years of ambient ozone concentration data from the Pechanga monitor that show a preliminary design value for 2012-2014 of 0.076 ppm, i.e., well below the 1997 8-hour ozone standard (0.084 ppm or less). Moreover, as cited in our proposed rule (on page 440), with respect to our determination of representativeness, we are not relying solely on the limited ozone data from the two monitors but are also relying on modeling data published by the SCAQMD.12

    12 See pages II-2-28 through II-2-37 in Appendix II (“Current Air Quality”) of the South Coast Air Quality Management District's 2012 Air Quality Management Plan (February 2013) for figures illustrating the spatial distribution of elevated ozone concentrations in the South Coast.

    As to future ozone concentrations, the Pechanga Ozone Maintenance Plan's demonstration of maintenance through 2025 is not based on an evaluation of ambient ozone trends but rather on an evaluation of emissions inventory data for the South Coast that shows a downward trend in ozone precursor emissions (VOC and NOX) through the maintenance period. See table 2 of our proposed rule at 80 FR 447. Generally, maintenance plans can demonstrate maintenance of the standard by either showing that future emissions of a pollutant or its precursors will not exceed the level of the attainment inventory, or by modeling to show that the future mix of sources and emission rates will not cause a violation of the standard.13 In the proposed rule, we agree that the downward trend in regional emissions of ozone precursors is sufficient to demonstrate maintenance of the 1997 8-hour ozone standard through 2025. We also note, however, that modeling results published by the SCAQMD is consistent with our approval of the maintenance demonstration in the Pechanga Ozone Maintenance Plan.14

    13 See memorandum from John Calcagni, Director, Air Quality Management Division, EPA Office of Air Quality Planning and Standards, titled “Procedures for Processing Requests to Redesignate Areas to Attainment,” dated September 4, 1992.

    14 See figure 5-13 of the SCAQMD's 2012 Final Air Quality Management Plan (February 2013).

    SCAQMD Comment #3: The SCAQMD contends that the maintenance plan fails to include sufficient control measures to prevent adverse effects from emissions growth on the reservation. Specifically, SCAQMD seeks confirmation that the EPA's minor NSR Federal Implementation Plan (FIP) for Indian country applies on the Pechanga Reservation, but notes that, even if it does apply, the EPA may not have adequate resources to properly implement such a program. Further, the SCAQMD is concerned that new or modified stationary sources will not necessarily be subject to the same requirements (such as those related to control technology and offsets) under the EPA's Indian country minor NSR rule as would apply if the sources were proposed in areas subject to the SCAQMD's jurisdiction. The SCAQMD contends that different requirements for new or modified stationary sources, particularly the increase in the applicable NNSR major source threshold from 10 tpy to 100 tpy for VOC and NOX due to this action, will create a significant competitive advantage and attract development beyond that anticipated in the maintenance plan. Further, the SCAQMD further contends that such unanticipated growth could result in higher-than-expected emissions with the potential to adversely affect ozone air quality downwind of the reservation.

    Response to SCAQMD Comment #3: We do not agree with the SCAQMD's assertions. First, in our proposed rule, we indicate that EPA's regulations governing review and permitting of new or modified stationary sources in Indian country 15 (i.e., “New Source Review” or NSR) apply to the Pechanga Reservation. See 80 FR at 443 and 444. These regulations include the EPA's Indian country minor NSR program, codified at 40 CFR 49.151 through 49.161, and the Indian country major NSR program for nonattainment areas (referred to as “nonattainment NSR” or “NNSR”), codified at 40 CFR 49.166 through 49.173. The EPA's regulations for the prevention of significant deterioration (PSD), codified at 40 CFR 52.21, also apply to any new major source or major modification proposed at the Pechanga Reservation except for the emissions from such source or modification that are covered by NNSR.

    15 “Indian country” as defined at 18 U.S.C. 1151 refers to (1) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (2) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (3) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

    Second, as to whether the EPA has adequate resources to properly implement the Indian country minor source program, we note that, historically, the EPA has administered the PSD program under 40 CFR 52.21 in many parts of California but that, in recent years, the EPA has successfully transferred its PSD permitting responsibilities to the relevant California air districts. We have done so by working with the air districts and the California Air Resources Board (CARB) to develop, adopt and submit permitting rules that meet the PSD SIP requirements. Once approved, the responsibility for PSD permitting vests in the air districts, and while the EPA continues to have a role in district PSD permit reviews, the resource demands are far fewer than where the EPA must administer the entire PSD program in a given district. Moreover, EPA permitting resources that had been used to draft PSD permits in these districts can then be reassigned to other tasks, including those related to the Indian country minor NSR program. Since 2012, the EPA has approved the PSD SIPs for the following California air districts: San Joaquin Valley Unified Air Pollution Control District (APCD) (77 FR 65305, October 26, 2012); and Eastern Kern APCD, Imperial County APCD, Placer County APCD, and Yolo-Solano Air Quality Management District (77 FR 73316, December 10, 2012).

    In addition, as the SCAQMD notes in its comments, the EPA can lighten its load by implementing “general permits,” and as the SCAQMD also notes, the EPA has proposed, but not yet finalized, such permits for the Indian country minor NSR program. Our proposed general permits cover 11 broad source categories that we expect to be most relevant in the context of Indian country minor NSR. See 79 FR 2546 (January 14, 2014) and 79 FR 41846 (July 17, 2014). We expect to finalize the first set of general permits (i.e., those proposed in January 2014) in the near term, and such permits will streamline the permitting process for the EPA in connection with administration of the Indian country minor NSR program.

    Third, the EPA notes that, with or without this action, new or modified sources on the Pechanga Reservation are already subject to the requirements of the EPA's Indian country NSR rules, as cited above. Our action today does not change this fact or change the stringency of EPA's Indian country NSR rules. We recognize that, in some respects, EPA's Indian country NSR rules are less stringent than the corresponding requirements under the SCAQMD's NSR rules that apply outside Indian country in the South Coast. For example, under the SCAQMD's NSR rules, certain new or modified minor sources are subject to offset requirements whereas no such requirements apply under the EPA's Indian country minor NSR rule. However, with respect to control technology requirements, while the Indian country NSR rules do not specifically require new or modified minor sources to meet best available control technology (BACT) or lowest achievable emission rate (LAER) level of control per se, the rules do require the EPA (or the Indian Tribe in cases where a Tribal agency is assisting the EPA with administration of the program through a delegation) to conduct a case-by-case control technology review to determine the appropriate level of control, if any, necessary to assure that the NAAQS are achieved, as well as the corresponding emission limitations for the affected emission units at the new or modified source. See 40 CFR 49.154(c). In carrying out this determination, among other considerations, the EPA takes into account typical control technology or other emission reduction measures used by similar sources in surrounding areas. See 40 CFR 49.154(c)(1)(ii). Thus, the corresponding control technology requirements (i.e., minor source “BACT”) that the SCAQMD applies to minor sources subject to its authority would inform the EPA's determination regarding control technology requirements and associated emission limitations for new or modified minor stationary sources on the Pechanga Reservation.

    Nonetheless, we recognize that our actions today will result in an increase in the applicable major source NSR threshold from 10 tpy to 100 tpy for ozone precursor emissions, which means that new or modified sources on the Pechanga Reservation with potential to emit (“PTE”) between 10 and 100 tpy of VOC or NOX will no longer be subject to the LAER and emissions offset requirements that otherwise would have applied under the EPA's Indian country major source NNSR rule but instead will be subject to the control technology review described above for new or modified minor sources under the EPA's Indian country minor NSR rule. However, applicable air pollution regulations and requirements are but one of many factors that influence business development decisions and we do not have information that supports a conclusion that the Pechanga Reservation will attract new development at such a rate as to result in emissions growth beyond that anticipated in the Pechanga Ozone Maintenance Plan.

    Fourth, the Pechanga Ozone Maintenance Plan projects that current stationary source emissions at the Pechanga Reservation will increase 33 percent for NOX over the same period.16 The basic assumption used to develop these projections is that, over the next ten years, the Pechanga Resort and Casino would experience steady growth that would lead to increased NOX emissions by sources such as the existing boilers due to greater usage rates. We believe that the plan's assumption that, over the next ten years, changes in emissions at the reservation will stem from expansion of the existing resort and casino, rather than from development of new types of commercial or industrial businesses, is reasonable.

    16 The Pechanga Ozone Maintenance Plan predicts an increase in NOX emissions from stationary sources; however, the plan predicts that overall emissions associated with the reservation would decline due to offsetting reductions in mobile source emissions.

    The SCAQMD is correct in noting that the Pechanga Ozone Maintenance Plan's projection in emissions associated with the Pechanga Reservation do not account for emissions growth from significant new stationary sources; however, there is no evidence of any specific new stationary sources that are proposed at the reservation, and as noted above, air pollution control considerations are simply one of many considerations that businesses take into account when deciding to develop at a given site. Without such evidence, the EPA declines to speculate on the types or number of new stationary sources that might locate at the reservation over the next ten years (or their associated emissions and downwind impacts) on account of the change in air pollution control requirements (i.e., higher major source threshold for NNSR). Furthermore, any new stationary sources would be subject to the EPA's review under the Indian country minor NSR rules,17 the Indian country NNSR rules, or the PSD regulation. All three programs provide for control technology review and air quality impacts analysis, and thus, we can reasonably rely on such review to ensure that emission growth from new or modified stationary sources at the Pechanga Reservation is controlled to the extent necessary to protect air quality at the reservation and at locations downwind of the reservation. Concerning the SCAQMD's concern that new construction on the Pechanga Reservation could cause attainment problems in other areas, the EPA's and the Tribe's responsibilities to other areas could be addressed under CAA sections 110(a)(2)(D)(i)(I) and 126.

    17 Certain low-emitting new sources are exempt from permitting under the EPA's Indian country minor NSR program. Specifically, given the continued status of the Pechanga Reservation as a “nonattainment” area for the 2008 ozone standard, notwithstanding today's action to redesignate the reservation as “attainment” for the 1997 8-hour ozone standard, the applicable minor source exemption thresholds are 2 tpy for VOC and 5 tpy of NOX. See 40 CFR 49.153 (table 1 to § 49.153).

    SCAQMD Comment #4: The SCAQMD challenges the EPA's reliance on upwind, out-of-area controls that do not apply on the Pechanga Reservation as constituting acceptable “other permanent and enforceable measures” that provide permanent and enforceable reductions and related improvement in air quality as required for redesignation under CAA section 107(d)(3)(E)(iii). The SCAQMD contends that, while some reliance on out-of-area controls may be appropriate, the EPA's near-total reliance on such controls is not reasonable. The SCAQMD believes that local areas must also do their part to improve air quality and reach attainment of the standard.

    Response to SCAQMD Comment #4: CAA section 107(d)(3)(E)(iii) is one of five statutory criteria that the EPA must use to evaluate requests for redesignation of an area from nonattainment to attainment. It precludes such redesignation unless the EPA determines that the improvement in air quality is due to permanent and enforceable reductions in emissions resulting from implementation of the applicable implementation plan and applicable federal air pollution control regulations and other permanent and enforceable reductions. (In this context, “applicable implementation plan” refers to the TIP.) As such, the criterion calls for the identification of the measures that provided the emissions reductions that resulted in corresponding reductions in ambient concentrations such that, where the standard was once violated, the standard is now attained. The evaluation under section 107(d)(3)(E)(iii) also involves a determination that the improvement in air quality is not due to temporary reductions in emission rates due to temporary adverse economic conditions or unusually favorable meteorology.18

    18 These principles are set forth in the EPA's guidance document from John Calcagni, Director, Air Quality Management Division, EPA Office of Air Quality Planning and Standards, titled “Procedures for Processing Requests to Redesignate Areas for Attainment,” dated September 4, 1992, page 4.

    The purpose of the criterion is to ensure the permanence and enforceability of reductions that have provided for improved air quality and attainment of the standard. The statute does not qualify the phrase “other permanent and enforceable reductions” with a reference to those reductions that are in effect in the area, and thus, it does not matter whether the measures responsible for attainment are in effect in the area for which a redesignation request is being evaluated but only that they are permanent and enforceable.19 For instance, it is common knowledge that states in the Eastern United States rely in part on emissions reductions from measures adopted by upwind states in attaining the standard. The degree of reliance differs among the states, of course, but those measures adopted in the upwind states qualify as “other permanent and enforceable reductions” for the purposes of CAA section 107(d)(3)(E)(iii). Given the language of this particular phrase of section 107, reliance on the legislative history for interpretative purposes is not necessary, but the EPA, in response to this comment, did review the relevant legislative history and found no indication of any special meaning or limitation to the phrase “other permanent or enforceable reductions” for the purposes of redesignation.20 Absent clear legislative history to the contrary, the EPA's interpretation of the statute is reasonable.

    19 When Congress intended CAA provisions to apply in an area, it did so explicitly. See, e.g., CAA section 182(b)(1)(B) (“. . . the term “baseline emissions” means . . . emissions from all anthropogenic sources in the area. . . .”) (emphasis added.)

    20 See “A Legislative History of the Clean Air Act Amendments of 1990,” Committee Print, 103rd Congress, 1st Session, November 1993. The relevant pages for section 107 are listed on pages 10818-10919 of the section-by-section index found at the end of volume VI.

    In this instance, we found that the improvement in air quality at the Pechanga Reservation is the result of permanent and enforceable emissions reductions from applicable federal air pollutant control regulations, particularly those that control emissions from on-road and nonroad vehicles, and “other permanent and enforceable reductions” from upwind sources resulting from CARB and SCAQMD regulations. See our proposed rule at page 446. All of the relevant CARB and SCAQMD regulations are either subject to a waiver or authorization under CAA section 209 or are approved by the EPA into the California SIP, and thus are permanent and enforceable for the purposes of CAA section 107(d)(3)(E)(iii).

    As to the SCAQMD's contention that, while some reliance on upwind out-of-area reductions may be appropriate, local areas must do their part, we note that, with respect to section 107(d)(3)(E)(iii), the statute simply requires the EPA to conclude that the measures that caused the improvement in air quality are permanent and enforceable. In this case, the identified measures on which we rely are permanent and enforceable, and they resulted in, and will continue to result in, reduced ozone concentrations on the Pechanga Reservation. The SCAQMD does not identify any specific measure that it believes should have been imposed within the reservation. Instead, the SCAQMD simply asserts that it is unreasonable for the EPA to find that section 107(d)(3)(iii) is satisfied in a given area without significant local controls in that area.

    SCAQMD Comment #5: The SCAQMD states that the EPA must ensure that the Pechanga Ozone Maintenance Plan does not underestimate existing and future emissions at the reservation. The SCAQMD suggests that the maintenance plan may be underestimating such emissions because the on-road mobile emissions estimates were scaled to South Coast projections based on relative population (i.e., the population of the Pechanga Reservation relative to the overall population within the South Coast) whereas the Pechanga Resort and Casino generates a significant number of vehicle trips that are unrelated to the population of the reservation.21

    21 The SCAQMD also notes an apparent discrepancy in the population figures for the reservation. The proposed rule notes 800 residents whereas the Tribe's August 19, 2014 Application for Treatment as a State identifies only 500 residents.

    Response to SCAQMD Comment #5: The SCAQMD is correct that the emissions inventory for the Pechanga Reservation in the Pechanga Ozone Maintenance Plan is based on a population of approximately 500 (the actual number used for the estimates is 467) and that on-road mobile emissions were scaled based on relative population. First, with respect to population, the population of Pechanga Reservation (467 full-time residents) used in the Pechanga Ozone Maintenance Plan to scale regional emissions is correct. The higher value (800 residents) cited in the proposed rule at page 437 is incorrect.

    Second, we agree that use of scaling of regional emissions based on population may underestimate on-road mobile emissions at the Pechanga Reservation given the significant number of non-resident motor vehicle trips generated by the Pechanga Resort and Casino. Therefore, for this final rule, we re-calculated vehicle emissions using EMFAC2011 emissions factors for year 2012 based on the following assumptions: 17,100 average daily vehicle trips associated with non-residents and 1,870 daily vehicle trips associated with residents; 22 0.5 miles per trip on the reservation for non-resident trips and 2.0 miles per trip on the reservation for trips by reservation residents; and a non-resident vehicle mix based on data from another Indian casino and resort. Resident trips were assumed to be light-duty autos and trucks.

    22 The average daily trip value for non-residents is based on a trip generation rate of 4.5 daily trips per slot machine from the Draft Tribal Environmental Impact Report for the Pala Casino and Spa Expansion Project (November 28, 2006), page 59. Resident trips assumed 10 daily trips per dwelling unit. Non-resident vehicle mix is assumed to be the same as that used to calculate vehicle emissions for the Graton Resort and Casino project.

    For year 2025, we conservatively increased non-resident vehicle trips by 33% and estimated the corresponding emissions using year 2025 emissions factors from EMFAC2011. Interim year (2015 and 2020) emissions were estimated by interpolating the number of trips between 2012 and 2025 and using the applicable year's EMFAC2011 emissions rates. We present the revised emissions estimates in table 2 below, which presents the same emissions inventory information as table 2 from the proposed rule except for the revised estimates for the Pechanga Reservation.23

    23 Documentation for the revised on-road motor vehicle emissions estimates is contained in a document titled “Pechanga Casino—Emissions Inventory,” dated March 16, 2015.

    Table 2—Ozone Precursor Emissions Estimates for Pechanga Reservation and South Coast, 2012, 2015, 2020 and 2025 [Summer-day average, tons per day] Ozone precursor 2012 2015 2020 2025 Pechanga Reservation (Based on data as shown in Maintenance Plan except for on-road emissions, which are calculated by the EPA): VOC 0.151 0.123 0.094 0.081 NOX 0.088 0.082 0.072 0.065 South Coast (Based on CARB data as shown in Maintenance Plan rounded to the nearest 10 tons): VOC 500 460 420 410 NOX 490 430 340 280 South Coast (Based on 2012 South Coast AQMP data rounded to the nearest 10 tons): VOC 540 480 450 440 NOX 560 470 370 310

    Based on the revised calculations for on-road emissions at the Pechanga Reservation, emissions at the Pechanga Reservation are estimated to be several times higher than presented in the Pechanga Ozone Maintenance Plan and in the proposed rule but are predicted to decrease through the maintenance period due to significant reductions in vehicular emissions resulting from continued implementation of state and federal motor vehicle control programs. Moreover, our conclusion from the proposed rule that the emissions associated with the Pechanga Reservation are minimal in relation to regional ozone precursor emissions remains unchanged given that, even as revised, Pechanga Reservation emissions represent 0.03% or less of regional emissions of VOC and NOX for all of the years that were analyzed.

    SCAQMD Comment #6: The SCAQMD states that the EPA fails to explain its legal theory that would allow the Tribe to fail to identify specific contingency measures in its maintenance plan.

    Response to SCAQMD Comment #6: CAA section 175A(d) requires that maintenance plans contain such contingency provisions as the EPA deems necessary to assure that the State will promptly correct any violation of the standard which occurs after the redesignation of the area as an attainment area. Such provisions shall include a requirement that the State will implement all measures with respect to the control of the air pollutant concerned which were contained in the SIP for the area before redesignation of the area as an attainment area. In this context, the reference to “State” and “SIP” in CAA section 175A corresponds to “Tribe” and “TIP.”

    Generally, the EPA believes that, to meet the requirements of CAA section 175A(d), contingency provisions of maintenance plans should identify the measures to be adopted, a schedule and procedure for adoption and implementation, and a specific time limit for action by the State.24 However, the CAA does not require that specific contingency measures be identified other than those measures that were part of the control strategy that a State or Tribe relied on to attain the standard but is not relying on for maintenance of the standard and is no longer retaining as an active measure in the SIP or TIP. No such measures exist for the Pechanga Reservation.

    24 See John Calcagni, Director, Air Quality Management Division, EPA Office of Air Quality Planning and Standards, titled “Procedures for Processing Requests to Redesignate Areas for Attainment,” dated September 4, 1992, page 12.

    Notwithstanding the absence of a statutory requirement for specific contingency measures, as noted above, the EPA generally deems it necessary for contingency provisions of maintenance plans to identify specific measures to assure that the State or Tribe will promptly correct any violation of the standard which occurs after the redesignation of the area as an attainment area. Relevant considerations for the EPA in this regard include the probability of a future violation of the standard (based on how close the area is to violating the standard, emissions or ambient concentration trends, and the variability of ambient concentrations from year to year) and the reasonable foreseeability of specific sources or source categories as likely to be responsible for future violations if they occur.

    In this instance, the ambient concentrations (0.077 ppm based on 2011-2013 data collected at the Temecula monitor) are below the applicable NAAQS (0.08 ppm), and the emissions trends in the South Coast show steep declines of both VOC and NOX between 2012 and 2025 (see table 2 of the proposed rule), and thus there is a relatively low probably of a future violation of the 1997 8-hour ozone standard at the Pechanga Reservation. Moreover, any future violation of the 1997 8-hour ozone standard at the Pechanga Reservation is unlikely to be caused by sources at the reservation given the predominant influence of upwind transport of ozone from upwind metropolitan areas in the South Coast. Therefore, the contingency provisions of the Pechanga Ozone Maintenance Plan include annual review of the ozone data and, in the event of a monitored violation, a commitment to work with the EPA to identify, adopt, and implement any additional necessary and appropriate measure(s) needed to promptly correct the violation.25 Under the particular circumstances described above, the EPA has found that the contingency provisions of the Pechanga Ozone Maintenance Plan meet the requirements of section 175A(d), even though the Pechanga Ozone Maintenance Plan identifies no specific contingency measures for adoption by the Tribe or the EPA.

    25 The Pechanga Ozone Maintenance Plan refers to “ . . . implementation of any additional necessary and appropriate measure(s). . . .” (emphasis added). In addition, the EPA is authorized under CAA sections 301(a) and 301(d)(4) to promulgate FIP provisions as are “necessary or appropriate” (emphasis added) to protect air quality in Indian country, if a tribe does not submit a TIP. See 40 CFR 49.11.

    SCAQMD Comment #7: The SCAQMD asserts that the EPA's proposal to create a separate attainment area for the Pechanga Reservation for the 1997 8-hour ozone standard is inconsistent with the EPA's Tribal Designations Policy. More specifically, the SCAQMD states that the EPA must explain why it fails to take into account the fact that the Pechanga Reservation is not separate from the adjacent South Coast or San Diego areas by topographic or other geographic features whereas the policy cites the presence of topographic or other geographic barriers as a factor to consider where a Tribe submits a request for a separate attainment area adjacent to a nonattainment area.

    The SCAQMD notes the EPA's decision to give “particular weight” to the “jurisdictional boundaries” factor in its tribal designation policy but asserts that the EPA fails to explain what that means, and to the extent that the EPA is referring to the fact that a small part of the Pechanga Reservation is located in San Diego County, this factor should not be determinative because two of the considerations cited by the EPA in evaluating the “jurisdictional boundaries” factor are not well-grounded. First, the SCAQMD states that the Tribe acquired lands in San Diego County only recently and that historically the entire reservation has been included in the South Coast. Second, the SCAQMD acknowledges that the Tribe operates its own monitor but suggests that the statement of the Tribe's interest in developing its own permitting program is not genuine because the redesignation request is devoid of any plans by the Tribe to establish an air permitting program or any other regulation. The SCAQMD further suggests that the proposed action essentially amounts to a determination that, given the particular weight for the jurisdictional boundaries factor, the EPA will grant a request for a separate area for any tribe that operates a monitor, even if it does not meet federal requirements.

    Response to SCAQMD Comment #7: We do not agree. First, the EPA has proposed action on two separate requests: (1) the Tribe's June 23, 2009 boundary change request to establish a separate ozone nonattainment area; and (2) the Tribe's May 9, 2014 request to redesignate the Pechanga Reservation from nonattainment to attainment for the 1997 8-hour ozone standard. The second request of course presumes an affirmative response by the EPA to the first request. The EPA has chosen to take action on both requests in the same document, but different considerations and criteria apply to the different actions. For instance, some considerations that are germane to the evaluation of the Tribe's 2009 boundary change request are not germane to the evaluation of the Tribe's 2014 request for redesignation. Thus, it follows that some information from the 2009 request would not be repeated in the 2014 redesignation request. For example, the existence of a tribal permitting program is not a requirement for redesignation, but the tribe's interest in developing such a program prospectively is a consideration for the boundary change.

    Second, the EPA believes that a request from a tribe for a separate nonattainment or attainment area should be supported by data from a tribe's own regulatory monitor or, at the very least, by data from a proximate regulatory monitor that is representative of air quality in the tribe's Indian country area. In this case, the Pechanga operates its own regulatory monitor, and in addition, there is a proximate representative monitor operated by the SCAQMD at the Temecula monitoring site. The EPA did not rely on the Tribe's ozone data for this action because the data was not complete over the 2011-2013 period, not because the monitor was non-regulatory.

    Third, the SCAQMD is correct in noting that the EPA, in evaluating the “geography/topography” factor as part of our evaluation of the Tribe's boundary change request, concluded that there are no significant topographic barriers to air flow in the area. However, our Tribal Designations Policy calls for a multi-factor evaluation of requests for designation of separate tribal air quality planning areas or requests for a boundary change to establish such areas. The “geography/topography” factor is but one of the various factors we take into account. In this instance, we concluded that, considering the three factors of air quality data, meteorology, and topography, the EPA could reasonably include the Pechanga Reservation in either the South Coast air quality planning area to the north, or the San Diego County air quality planning area to the south, or alternatively, the EPA could establish a separate nonattainment area for the Pechanga Reservation as it did for the 2008 ozone standard, and more recently, for the 2012 annual PM2.5 standard. See page 441 of our proposed rule.

    Further, taking into account the minimal emissions associated with activities on the Pechanga Reservation and the corresponding minimal contribution from Pechanga-related emissions sources to regional ozone levels, we concluded that it was appropriate, and consistent with the principles of the Tribal Designations Policy, to give particular weight to the jurisdictional boundaries factor. Under this factor, we consider what the existing jurisdictional boundaries are for the purposes of providing a clearly defined legal boundary of the area pertaining to the designation or boundary change request and carrying out air quality planning and enforcement functions. When the Pechanga Tribe acquired parcels in San Diego County is not germane.26 What is germane is the fact that the Pechanga Reservation now lies within two different counties (Riverside and San Diego Counties) and thus straddles two different ozone areas for the 1997 8-hour ozone standard (South Coast and San Diego County) and that the Pechanga Reservation is a separate air quality planning area for the 2008 ozone standard. By establishing a separate area for the Pechanga Reservation for the 1997 8-hour ozone standard, the EPA will be aligning the air quality planning areas the two ozone standards thereby simplifying air quality planning and permitting functions at the reservation.27

    26 The Pechanga Reservation was expanded to include certain lands in Riverside County and San Diego County under Public Law 110-383, the Pechanga Band of Luiseño Mission Indians Land Transfer Act of 2007. See 78 FR 46603 (August 1, 2013). The public law that was ultimately passed by the 110th Congress and signed by the President on October 10, 2008 was originally introduced on July 22, 2004 as House Bill No. 4908 in the 108th Congress. On July 28, 2005, the bill was reintroduced in the 109th Congress as House Bill 3507. The bill that later became law was reintroduced in the 110th Congress as House Bill 2963 on July 10, 2007. We note that the Tribe began working with the Bureau of Land Management in the 1990's to place these lands into trust. See Statement of Mark Macarro, Pechanga Band of Luiseño Mission Indians, Senate Committee on Indian Affairs, Legislative Hearing on H.R. 2963, Pechanga Band of Luiseño Mission Indians Land Transfer Act, May 15, 2008. Lastly, we note that, under Public Law 110-383, the lands transferred to the reservation in 2008 may be used only as open space and for the protection, preservation, and maintenance of the archaeological, cultural, and wildlife resources thereon.

    27 In addition, as noted previously, we recently designated the Pechanga Reservation as a separate air quality planning area for the 2012 annual fine particle (PM2.5) standard. See 80 FR 2206, at 2225 (January 15, 2015). As such, we will also be aligning the ozone air quality planning area with the 2012 annual PM2.5 air quality planning area.

    As noted above, in this instance, we are giving “particular weight” to the jurisdictional boundaries factor. This means that the jurisdictional factor outweighs other factors that might otherwise counsel against establishment of a separate air quality planning area. In this case, for example, the relevant Indian country area is significantly impacted by upwind sources, a fact that may otherwise support inclusion of the Indian country area in a larger area. However, we have decided that, in this instance, such considerations are outweighed by the jurisdictional boundaries factor and thus proposed to grant the request by the Tribe for a separate area. Our giving of particular weight to the jurisdictional boundaries factor is appropriate given the minimal emissions associated with activities on the Pechanga Reservation, the corresponding minimal contribution from Pechanga-related emissions sources to regional ozone levels, and the location of the reservation on the border of two separate larger areas, is consistent with Tribal Designations Policy. See page 7 of the Tribal Designations Policy for examples of circumstances in which the jurisdictional boundaries factor may bear the most weight in evaluating requests for a separate area.

    SCAQMD Comment #8: The SCAQMD contends that the EPA's action to establish the Pechanga Reservation as a separate air quality planning area for the 1997 8-hour ozone standard is inconsistent with the principles that EPA articulated in a previous rulemaking in which the Agency reclassified Indian country (except for the Morongo Reservation and Pechanga Reservation) within the South Coast consistent with the State's request for reclassification of lands under State jurisdiction within the South Coast from “Severe-17” to “Extreme.”

    The previous rulemaking to which the SCAQMD refers, “Designation of Areas for Air Quality Planning Purposes; California; San Joaquin Valley, South Coast Air Basin, Coachella Valley, and Sacramento Metro Ozone Nonattainment Areas; Reclassification,” was proposed at 74 FR 43654 (August 27, 2009) and finalized (except for the Morongo Reservation and Pechanga Reservation) at 75 FR 24409 (May 5, 2010). As the SCAQMD notes, in the previous rulemaking, the EPA based its decision to reclassify areas of Indian country (other than the Morongo Reservation and Pechanga Reservation, for which final action was deferred) on such considerations as: (1) Boundaries of nonattainment areas are drawn to encompass both areas of direct sources of the pollution problem as well as nearby areas in the same airshed; (2) Emissions changes in lower-classified areas could hinder planning efforts to attain the NAAQS within the overall area through the application of less stringent requirements relative to those that apply in the area with a higher ozone classification; and (3) Uniformity of classification throughout a nonattainment area is thus a guiding principle and premise when an area is being reclassified.

    The SCAQMD contends that the EPA has not explained why the rationale articulated by the EPA in the above reclassification rulemaking with respect to the areas of Indian country that were reclassified to “Extreme” does not continue to apply in evaluating the request by the Pechanga to establish a separate air quality planning area for the 1997 8-hour ozone standard.

    Response to SCAQMD Comment #8: Since the EPA's 2010 final action to grant the State of California's request to reclassify the portion of the South Coast subject to State jurisdiction, and to reclassify Indian country (other than the Morongo and Pechanga Reservations) in the South Coast consistent with the State's request, the EPA has issued its Tribal Designations Policy and applied the principles of the policy in designating the Pechanga Reservation as a separate ozone nonattainment area for the 2008 ozone standard. In so doing, the EPA remains cognizant of the considerations set forth in that earlier rulemaking that caution against undue subdivision of larger air quality planning areas into smaller areas with different classifications. However, the EPA is also cognizant of the distinct jurisdictional principles associated with Indian reservations and the general absence of state regulatory jurisdiction in such areas. The Tribal Designation Policy was issued in part to apply these principles and in recognition of tribal sovereignty in the designations context.

    More specifically, we continue to believe that boundaries of nonattainment areas should generally encompass both areas of direct sources of the pollution problem as well as nearby areas in the same airshed and continue to consider uniformity of classification as a guiding principle to avoid the potential hindrance by lower-classified areas to regional planning efforts to attain the standard. The Tribal Designation Policy retains these considerations in evaluating requests by tribes for separate areas as part of a multi-factor analysis. In this instance, we have concluded that establishment of the Pechanga Reservation as a separate area would not hinder regional efforts to attain or maintain the ozone NAAQS, and the benefit of retaining the Pechanga Reservation in two separate airsheds (South Coast and San Diego) is outweighed by other considerations, namely, the jurisdictional boundaries factor.

    III. Final Action

    For the reasons set forth in the proposed rule and in response to comments above, the EPA is taking final action to establish the Pechanga Reservation as a separate air quality planning area for the 1997 8-hour ozone standard, to approve the Tribe's submittal of the Pechanga Ozone Maintenance Plan, and to approve the Tribe's request to redesignate the newly-designated Pechanga Reservation air quality planning area from nonattainment to attainment for the 1997 8-hour ozone standard.

    More specifically, first, pursuant to CAA section 107(d)(3), the EPA is taking final action to revise the boundaries of the South Coast and San Diego County air quality planning areas for the 1997 8-hour ozone standard to designate the Pechanga Reservation as a separate nonattainment area for the 1997 8-hour ozone standard. We are doing so based on our conclusion that factors such as air quality data, meteorology, and topography do not definitively support inclusion of the reservation in either the South Coast or the San Diego County air quality planning areas, that emissions sources at the Pechanga Reservation contribute minimally to regional ozone concentrations, and that the jurisdictional boundaries factor should be given particular weight under these circumstances. As a result of our final action, the Pechanga Reservation air quality planning area for the 1997 8-hour ozone standard has the same boundaries as the Pechanga Reservation nonattainment area for the 2008 ozone standard and the 2012 annual PM2.5 standard.28

    28 In our proposed rule at 80 FR 438, we indicated that if we finalize our proposed action to revise the boundaries of the South Coast and San Diego air quality planning areas to designate the Pechanga Reservation as a separate nonattainment area for the 1997 8-hour ozone standard, the EPA would withdraw our proposed action to reclassify the Pechanga Reservation to “Extreme” for the 1997 8-hour ozone standard (74 FR 43654, August 27, 2009). (In 2010, we deferred final reclassification with respect to the Pechanga Reservation (and the Morongo Reservation) when we took final action to reclassify the South Coast for the 1997 eight-hour ozone standard (75 FR 24409, May 5, 2010).) Given today's final action and consistent with our statement from the proposed rule, EPA is withdrawing our 2009 proposed reclassification action to the extent it relates to the Pechanga Reservation in the Proposed Rules section of this Federal Register.

    Second, pursuant to CAA section 110(k), the EPA is taking final action to approve the Pechanga Ozone Maintenance Plan, submitted by the Tribe on November 4, 2014, as the Tribe's TIP for maintaining the 1997 8-hour ozone standard within the Pechanga Reservation for ten years beyond redesignation, because it meets the requirements for maintenance plans under CAA section 175A.

    Lastly, pursuant to CAA section 107(d)(3), and based in part on our approval of the Pechanga Ozone Maintenance Plan, the EPA is taking final action to grant a request from the Tribe to redesignate the newly-established Pechanga Reservation ozone air quality planning area to attainment for the 1997 8-hour ozone standard because the request meets the statutory requirements for redesignation in CAA section 107(d)(3)(E).

    As a result of our final action, certain CAA requirements that had applied to the Pechanga Reservation by virtue of its inclusion in the South Coast “Extreme” ozone nonattainment area for the revoked 1-hour ozone standard no longer apply, nor do the requirements that had applied to the reservation by virtue of its designation as “Severe-17” for the 1997 8-hour ozone standard. The requirements that no longer apply include, among others, the NNSR major source threshold of 10 tpy for ozone precursor emissions in “Extreme” ozone nonattainment areas. New or modified stationary sources proposed at the Pechanga Reservation remain subject to major source nonattainment NNSR, however, by virtue of the reservation's classification as a “Moderate” ozone nonattainment area for the 2008 ozone standard. The NNSR major source threshold in “Moderate” ozone nonattainment areas is 100 tpy.

    The EPA finds that there is good cause for approval of this TIP and redesignation to attainment to become effective immediately upon publication because a delayed effective date is unnecessary due to the nature of a redesignation to attainment which relieves the area from certain CAA requirements that would otherwise apply to it. The immediate effective date for this redesignation is authorized under both 5 U.S.C. 553(d)(1), which provides that rulemaking actions may become effective less than 30 days after publication if the rule “grants or recognizes an exemption or relieves a restriction” and section 553(d)(3), which allows an effective date less than 30 days after publication “as otherwise provided by the agency for good cause found and published with the rule.”

    IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an Indian reservation air quality planning area to attainment and the accompanying approval of a maintenance plan under section 107(d)(3)(E) are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those imposed by the TIP and applicable federal rules. Redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of less stringent requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, under circumstances where a tribe is determined as eligible for TAS for the purposes of section 110 with respect to a given TIP, the Administrator is required to approve a TIP 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 TIP submissions, the EPA's role is to approve tribal choices, provided that they meet the criteria of the Clean Air Act. Accordingly, these actions merely approve a tribal plan and redesignation request as meeting federal requirements and do not impose additional requirements beyond those imposed by tribal law. For these reasons, these actions:

    • Are 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);

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

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

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

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

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

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

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

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

    In addition, the final actions have “tribal implications” as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), with respect to the Pechanga Tribe. However, the actions would not impose substantial direct compliance costs or preempt tribal law. Moreover, these actions respond directly to specific requests submitted by the affected tribe and follow from extensive coordination and consultation between representatives of the Pechanga Tribe and the EPA about these and other related matters.

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

    Under section 307(b)(1) of the 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 June 2, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)).

    List of Subjects 40 CFR Part 49

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

    40 CFR Part 81

    Environmental protection, Air pollution control, Intergovernmental relations, National parks, Ozone, Wilderness areas.

    Dated: March 20, 2015. Jared Blumenfeld, Regional Administrator, Region IX.

    Chapter I, title 40 of the Code of Federal Regulations is amended as follows:

    PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT 1. The authority citation for part 49 continues to read as follows: Authority:

    42 U.S.C. 7401, et seq.

    Subpart L—Implementation Plans for Tribes—Region IX 2. Subpart L of part 49 is amended by adding an undesignated center heading and § 49.5514 to read as follows: Implementation Plan for the Pechanga Band of Luiseño Mission Indians of the Pechanga Reservation
    § 49.5514 EPA-approved Tribal rules and plans.

    (a) Purpose and scope. This section contains the approved implementation plan for the Pechanga Band of Luiseño Mission Indians of the Pechanga Reservation dated May 2014. The plan consists of a redesignation request, a demonstration of maintenance of the 1997 8-hour ozone national ambient air quality standard, and related commitments to continue monitoring and to implement contingency provisions in the event of a monitored violation of the standard.

    (b) [Reserved]

    (c) [Reserved]

    (d) EPA-approved nonregulatory provisions and quasi-regulatory measures.

    EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures for the Pechanga Band of Luiseño Mission Indians of the Pechanga Reservation Name of nonregulatory or quasi-regulatory TIP provision Tribal submittal date EPA approval date Explanation Ozone Redesignation Request and Maintenance Plan for Pechanga Band of Luiseño Mission Indians of the Pechanga Reservation Nonattainment Area (May 2014) November 4, 2014 [INSERT Federal Register CITATION April 3, 2015 Tribal redesignation request and maintenance plan for the 1997 8-hour ozone standard.
    PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 4. The authority citation for part 81 continues to read as follows: Authority:

    42 U.S.C. 7401, et seq.

    Subpart C—Section 107 Attainment Status Designations 5. Section 81.305 is amended in the table for “California—1997 8-Hour Ozone NAAQS (Primary and Secondary)” by: a. Revising the entry under “Los Angeles-South Coast Air Basin, CA”; b. Adding an entry for “Pechanga Reservation” following the entry “San Bernardino County (part)” under the entry “Los Angeles-South Coast Air Basin, CA”; c. Revising the entry under “San Diego, CA”; and d. Adding Footnote (f).

    The revisions and additions read as follows:

    § 81.305 California. California—1997 8-Hour Ozone NAAQS [Primary and secondary] Designated area Designation a Date 1 Type Classification Date 1 Type *         *         *         *         *         *         * Los Angeles—South Coast Air Basin, CA: df Nonattainment (2) Subpart 2/Extreme. Los Angeles County (part) Nonattainment (2) Subpart 2/Extreme. That portion of Los Angeles County which lies south and west of a line described as follows: Beginning at the Los Angeles-San Bernardino County boundary and running west along the Township line common to Township 3 North and Township 2 North, San Bernardino Base and Meridian; then north along the range line common to Range 8 West and Range 9 West; then west along the Township line common to Township 4 North and Township 3 North; then north along the range line common to Range 12 West and Range 13 West to the southeast corner of Section 12, Township 5 North and Range 13 West; then west along the south boundaries of Sections 12, 11, 10, 9, 8, and 7, Township 5 North and Range 13 West to the boundary of the Angeles National Forest which is collinear with the range line common to Range 13 West and Range 14 West; then north and west along the Angeles National Forest boundary to the point of intersection with the Township line common to Township 7 North and Township 6 North (point is at the northwest corner of Section 4 in Township 6 North and Range 14 West); then west along the Township line common to Township 7 North and Township 6 North; then north along the range line common to Range 15 West and Range 16 West to the southeast corner of Section 13, Township 7 North and Range 16 West; then along the south boundaries of Sections 13, 14, 15, 16, 17, and 18, Township 7 North and Range 16 West; then north along the range line common to Range 16 West and Range 17 West to the north boundary of the Angeles National Forest (collinear with the Township line common to Township 8 North and Township 7 North); then west and north along the Angeles National Forest boundary to the point of intersection with the south boundary of the Rancho La Liebre Land Grant; then west and north along this land grant boundary to the Los Angeles-Kern County boundary Orange County Nonattainment (2) Subpart 2/Extreme. Riverside County (part) Nonattainment (2) Subpart 2/Extreme. That portion of Riverside County which lies to the west of a line described as follows: Beginning at the Riverside-San Diego County boundary and running north along the range line common to Range 4 East and Range 3 East, San Bernardino Base and Meridian; then east along the Township line common to Township 8 South and Township 7 South; then north along the range line common to Range 5 East and Range 4 East; then west along the Township line common to Township 6 South and Township 7 South to the southwest corner of Section 34, Township 6 South, Range 4 East; then north along the west boundaries of Sections 34, 27, 22, 15, 10, and 3, Township 6 South, Range 4 East; then west along the Township line common to Township 5 South and Township 6 South; then north along the range line common to Range 4 East and Range 3 East; then west along the south boundaries of Sections 13, 14, 15, 16, 17, and 18, Township 5 South, Range 3 East; then north along the range line common to Range 2 East and Range 3 East; to the Riverside-San Bernardino County line San Bernardino County (part) Nonattainment (2) Subpart 2/Extreme. That portion of San Bernardino County which lies south and west of a line described as follows: Beginning at the San Bernardino-Riverside County boundary and running north along the range line common to Range 3 East and Range 2 East, San Bernardino Base and Meridian; then west along the Township line common to Township 3 North and Township 2 North to the San Bernardino-Los Angeles County boundary Pechanga Reservation c April 3, 2015 Attainment. *         *         *         *         *         *         * San Diego, CA San Diego County (part)f That portion of San Diego County that excludes the areas listed below: La Posta Areas #1 and #2,b Cuyapaipe Area,b Manzanita Area,b Campo Areas #1 and #2b July 5, 2013 Attainment. La Posta Areas #1 and #2 b Unclassifiable/Attainment. Cuyapaipe Area b Unclassifiable/Attainment. Manzanita Area b Unclassifiable/Attainment. Campo Areas #1 and #2 b Unclassifiable/Attainment. *         *         *         *         *         *         * a Includes Indian country located in each county or area, except as otherwise specified. b The boundaries for these designated areas are based on coordinates of latitude and longitude derived from EPA Region 9's GIS database and are illustrated in a map entitled “Eastern San Diego County Attainment Areas for the 8-Hour Ozone NAAQS,” dated March 9, 2004, including an attached set of coordinates. The map and attached set of coordinates are available at EPA's Region 9 Air Division office. The designated areas roughly approximate the boundaries of the reservations for these tribes, but their inclusion in this table is intended for CAA planning purposes only and is not intended to be a federal determination of the exact boundaries of the reservations. Also, the specific listing of these tribes in this table does not confer, deny, or withdraw federal recognition of any of the tribes so listed nor any of the tribes not listed. c The use of reservation boundaries for this designation is for purposes of CAA planning only and is not intended to be a federal determination of the exact boundaries of the reservations. Nor does the specific listing of the Tribes in this table confer, deny, or withdraw federal recognition of any of the Tribes listed or not listed. d Excludes Morongo Band of Mission Indians' Indian country in Riverside County.     *         *         *         *         *         *         * f Excludes the Pechanga Reservation. 1This date is June 15, 2004, unless otherwise noted. 2 This date is June 4, 2010.
    [FR Doc. 2015-07534 Filed 4-2-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2015-0159; FRL-9925-60-Region 7] Approval and Promulgation of Implementation Plans; State of Iowa; 2014 Iowa State Implementation Plan; Permit Modifications; Muscatine, Iowa AGENCY:

    Environmental Protection Agency.

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving revisions to the State Implementation Plan (SIP) for the State of Iowa to include modified permits for Muscatine County, Iowa. The SIP revision addresses modifications to construction permits that were included in the 2006 24-hour particulate matter less than 2.5 micrometers (PM2.5) National Ambient Air Quality Standards (NAAQS) control strategy proposed on August 11, 2014, and published as a final rule in the Federal Register on December 1, 2014, with the effective date of December 31, 2014. The state's submission of modified permits includes a revised air dispersion modeling analysis that demonstrated continued attainment of the 2006 24-hour PM2.5 NAAQS. This action will also make an administrative correction to permit numbers.

    DATES:

    This direct final rule will be effective June 2, 2015, without further notice, unless EPA receives adverse comment by May 4, 2015. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2015-0159 by one of the following methods:

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

    2. Email: [email protected].

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

    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-2015-0159. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov or email information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

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

    I. What is being addressed in this document? II. Have the requirements for approval of a SIP revision been met? III. What action is EPA taking? I. What is being addressed in this document?

    EPA is taking direct final action to approve SIP revisions to replace specific EPA SIP-approved construction permits with modified permits in Muscatine County, Iowa. The modified permits are associated with PM2.5 emission points at Union Tank Car (UTLX) and Muscatine Power and Water (MPW). Prior versions of these permits were included in the 2006 24-hour PM2.5 NAAQS control strategy proposed in the Federal Register on August 11, 2014, (79 FR 71027) and published as a final rule on December 1, 2014, (79 FR 71025) with an effective date of December 31, 2014. Prior to publication of the final action, modifications to permits submitted with the control strategy were pending (under review by the state and undergoing public comment) for MPW and UTLX.

    Permits for UTLX were modified to reflect current operating conditions, stack configurations, and revised PM2.5 emission limits. The permit conditions pertaining to compliance demonstrations and operating condition monitoring, recordkeeping and reporting were included in each modified permit. The Iowa Department of Natural Resources (IDNR) initiated the public comment period that ended on August 28, 2014, for the UTLX modified permits. No comments were received.

    Permits for MPW were modified to include updated PM2.5 emission limitations associated with the rail unloading system. The permit conditions pertaining to compliance demonstrations and operating condition monitoring, recordkeeping and reporting were included in each modified permit. IDNR initiated the public comment period that ended on September 4, 2014, for the MPW modified permits. No comments were received.

    The modified permits submission included a technical demonstration and an updated air dispersion modeling analysis. The modeling analysis, as well as the modified permits were reviewed by EPA and it was determined that the modifications continue to demonstrate emission reductions and attainment of the 2006 24-hour PM2.5 NAAQS in Muscatine, Iowa, and therefore, does not relax the SIP. Additional technical detail regarding permit modifications is included in the Technical Support Document included in the docket for this rulemaking.

    This action will also make an administrative correction to a permit number.

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

    The state submission has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, as explained above and in more detail in the identified docket documents, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations.

    III. What action is EPA taking?

    EPA is taking direct final action to approve SIP revisions to include modified permits for the Muscatine County, Iowa, area. The modified permits are for emission points at UTLX and MPW which were included in the 2006 24-hour PM2.5 NAAQS control strategy. The control strategy was proposed in the Federal Register on August 11, 2014, and published as a final rule on December 1, 2014, with the effective date of December 31, 2014.

    This action also includes an administrative correction to the permit number for (44) Muscatine Power and Water (Permit NO. 95-A-373-P2).

    We are publishing this direct final rule without a prior proposed rule because we view this as a noncontroversial amendment and anticipate no adverse comment because the revisions are largely administrative and consistent with Federal regulations. The detailed rationale for the approval is set forth in the technical support document that can be found in Docket ID No. EPA-R07-OAR-2015-0159. However, in the “Proposed Rules” section of today's Federal Register, we are publishing a separate document that will serve as the proposed rule to approve the SIP revision if adverse comments are received on this direct final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document.

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

    Statutory and Executive Order Reviews

    In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Iowa's EPA-Approved Iowa Source-Specific Orders/Permits, section 52.820 (d), described in the direct final amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information).

    Under the CAA, 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 CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

    • Is not a “significant regulatory action” under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011).

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

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

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

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

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

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

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

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

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

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

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

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 2, 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, Particulate matter, Reporting and recordkeeping requirements.

    Dated: March 20, 2015. Mark Hague, Acting Regional Administrator, Region 7.

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

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

    42 U.S.C. 7401 et seq.

    Subpart Q—Iowa 2. In § 52.820(d) the table is amended by revising entries (41), (42), (44), (45), (47), (54), (76), (77), (78), (79), (80), (85), (86), (87), (92), (95), (97), (103), (104), (105), (106), (107), and (108) to read as follows:
    § 52.820 Identification of plan.

    (d) * * *

    EPA-Approved Iowa Source-Specific Orders/Permits Name of source Order/Permit No. State
  • effective date
  • EPA Approval date Explanation
    *         *         *         *         *         *         * (41) Muscatine Power and Water Permit NO. 93-A-288-S4 9/12/14 4/3/15 and [Insert Federal Register citation] (42) Muscatine Power and Water Permit NO. 93-A-289-S4 9/12/14 4/3/15 and [Insert Federal Register citation] *         *         *         *         *         *         * (44) Muscatine Power and Water Permit NO. 95-A-373-P2 7/22/13 4/3/15 and [Insert Federal Register citation] (45) Muscatine Power and Water Permit NO. 00-A-638-S1 7/22/13 4/3/15 and [Insert Federal Register citation] *         *         *         *         *         *         * (47) Muscatine Power and Water Permit NO. 00-A-683-S1 7/22/13 4/3/15 and [Insert Federal Register citation] *         *         *         *         *         *         * (54) Muscatine Power and Water Permit NO. 04-A-617-S1 7/22/13 4/3/15 and [Insert Federal Register citation] *         *         *         *         *         *         * (76) Muscatine Power and Water Permit NO. 80-A-196-S4 7/22/13 4/3/15 and [Insert Federal Register citation] (77) Muscatine Power and Water Permit NO. 93-A-286-S5 7/22/13 4/3/15 and [Insert Federal Register citation] (78) Muscatine Power and Water Permit NO. 01-A-457-S5 7/22/13 4/3/15 and [Insert Federal Register citation] (79) Muscatine Power and Water Permit NO. 06-A-650-S3 7/22/13 4/3/15 and [Insert Federal Register citation] (80) Muscatine Power and Water Permit NO. 13-A-160-S1 7/22/13 4/3/15 and [Insert Federal Register citation] * * * * * * * (85) Union Tank Car Company Permit NO. 00-A-1086-S3 9/2/14 4/3/15 and [Insert Federal Register citation] (86) Union Tank Car Company Permit NO. 00-A-1087-S3 9/2/14 4/3/15 and [Insert Federal Register citation] (87) Union Tank Car Company Permit NO. 00-A-1088-S3 9/2/14 4/3/15 and [Insert Federal Register citation] *         *         *         *         *         *         * (92) Union Tank Car Company Permit NO. 96-A-636-S4 9/2/14 4/3/15 and [Insert Federal Register citation] *         *         *         *         *         *         * (95) Union Tank Car Company Permit NO. 00-A-531-S3 9/2/14 4/3/15 and [Insert Federal Register citation] *         *         *         *         *         *         * (97) Union Tank Car Company Permit NO. 00-A-533-S3 9/2/14 4/3/15 and [Insert Federal Register citation] *         *         *         *         *         *         * (103) Union Tank Car Company Permit NO. 00-A-1089-S3 9/2/14 4/3/15 and [Insert Federal Register citation] (104) Union Tank Car Company Permit NO. 00-A-1090-S3 9/2/14 4/3/15 and [Insert Federal Register citation] (105) Union Tank Car Company Permit NO. 00-A-1091-S3 9/2/14 4/3/15 and [Insert Federal Register citation] (106) Union Tank Car Company Permit NO. 10-A-043-S3 9/2/14 4/3/15 and [Insert Federal Register citation] (107) Union Tank Car Company Permit NO. 09-A-009-S3 9/2/14 4/3/15 and [Insert Federal Register citation] (108) Union Tank Car Company Permit NO. 09-A-010-S3 9/2/14 4/3/15 and [Insert Federal Register citation] *         *         *         *         *         *         *
    [FR Doc. 2015-07488 Filed 4-2-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 80 [EPA-HQ-OAR-2015-0049; FRL-9924-71-OAR] RIN 2060-AS48 Regulation of Fuels and Fuel Additives: Cellulosic Waiver Credit Price and Minor Amendments to Renewable Fuel Standard Regulations AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is taking direct final action to clarify our regulations related to the data sources used to establish the cellulosic waiver credit (CWC) price. We are also removing references to CWC prices from the renewable fuel standard regulations, and instead intend to post the prices on EPA's Web site. The direct final rule also indicates what the CWC prices for 2014 and 2015 would be using the data sources and methodology contained in the rule; however these prices will not be established until they are posted on our Web site following the effective date of the rule. In addition, we are making minor amendments to the renewable fuel standard program regulations to reinsert sections inadvertently overwritten by the Quality Assurance Program final rule published on July 18, 2014.

    DATES:

    This rule is effective on June 2, 2015 without further notice, unless EPA receives relevant adverse comment by May 4, 2015. If EPA receives relevant adverse comment, we will publish in the Federal Register a timely withdrawal of the portions of this direct final rule on which adverse comment was received informing the public that those portions of the rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2015-0049, by one of the following methods:

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

    Email: [email protected]

    Mail: Air and Radiation Docket and Information Center, Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

    Hand Delivery: EPA Docket Center, EPA WJC West Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-2015-0049. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For additional instructions on submitting comments, go to Section I.B of the SUPPLEMENTARY INFORMATION section of this document.

    Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air and Radiation Docket and Information Center, EPA/DC, EPA WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Air Docket is (202) 566-1742.

    FOR FURTHER INFORMATION CONTACT:

    Julia MacAllister, Office of Transportation and Air Quality, Assessment and Standards Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor MI 48105; Telephone number: 734-214-4131; Fax number: 734-214-4816; Email address: [email protected], or the public information line for the Office of Transportation and Air Quality; telephone number (734) 214-4333; Email address: [email protected]

    SUPPLEMENTARY INFORMATION: Why is EPA issuing a direct final rule?

    EPA is publishing this rule without a prior proposed rule because we view this as a noncontroversial action and we anticipate no adverse comment. This action clarifies our regulations related to the data sources used to establish the price for cellulosic waiver credits (CWC). EPA is also removing the CWC prices from our regulations so as to allow the prices to be established in a more expeditious manner. The CWC prices will instead be published on EPA's “Renewable Fuels: Regulations & Standards” Web site (http://www.epa.gov/otaq/fuels/renewablefuels/regulations.htm). The action also reinserts regulatory provisions in the renewable fuel standard (RFS) program regulations that were inadvertently overwritten by the Quality Assurance Program (QAP) final rule (79 FR 42078, July 18, 2014).

    Clarifying the data sources used in calculating the CWC price will eliminate uncertainty regarding EPA's process in establishing the CWC prices, will enable stakeholders to better predict the annual CWC price before it is established, and will allow EPA to establish the CWC price in a more timely manner. This action does not change the formula used to establish the CWC price (listed in our regulations at 40 CFR 80.1456(d)).

    In the “Proposed Rules” section of today's Federal Register, we are publishing a separate document that will serve as the proposed rule to make the changes described herein if adverse comments are received on this direct final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document.

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

    Does this action apply to me?

    Entities potentially affected by this direct final rule are those involved with the production, distribution, and sale of transportation fuels, including gasoline and diesel fuel or renewable fuels such as ethanol and biodiesel. Potentially regulated categories include:

    Category NAICS 1 codes SIC 2 codes Examples of potentially regulated
  • entities
  • Industry 324110 2911 Petroleum Refineries. Industry 325193 2869 Ethyl alcohol manufacturing. Industry 325199 2869 Other basic organic chemical manufacturing. Industry 424690 5169 Chemical and allied products merchant wholesalers. Industry 424710 5171 Petroleum bulk stations and terminals. Industry 424720 5172 Petroleum and petroleum products merchant wholesalers. Industry 454319 5989 Other fuel dealers. 1 North American Industry Classification System (NAICS). 2 Standard Industrial Classification (SIC) system code.

    This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that EPA is now aware could potentially be regulated by this action. Other types of entities not listed in the table could also be regulated. To determine whether your activities would be regulated by this action, you should carefully examine the applicability criteria in 40 CFR part 80. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed in FOR FURTHER INFORMATION CONTACT.

    Outline of This Preamble I. Executive Summary II. Clarifications Related to CWC Price Calculation III. CWC Price Calculations for 2014 and 2015 IV. Reinsertion of Inadvertently Overwritten Language V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act VI. Statutory Authority I. Executive Summary

    For any calendar year for which the projected volume of cellulosic biofuel production is less than the applicable volume of cellulosic biofuel set forth in CAA 211(o)(2)(B)(III), EPA must reduce the required volume of cellulosic biofuel for that year to the projected volume, and must provide obligated parties the opportunity to purchase cellulosic waiver credits (CWC). The price of these credits is determined using a formula specified in the CAA.1 The cellulosic waiver credit price is the greater of $0.25 or $3.00 minus the wholesale price of gasoline, where both the $0.25 and $3.00 are adjusted for inflation. In this action we are clarifying the data sources we use to calculate the inflation adjustments used in this formula. This will eliminate potential uncertainty regarding EPA's approach to establishing the CWC prices. We are not making any modifications to the formula used to calculate the CWC price.

    1 CAA 211(o)(7)(D)(ii).

    Additionally, in order to provide more certainty to the market through timely publication of CWC prices, EPA is also amending the procedure it uses to announce CWC prices. To date, we have established the prices by rulemaking and published them in the Code of Federal Regulations. To allow more expeditious publication of these prices, EPA is removing references to CWC prices from the CFR. The prices will instead be posted by the Office of Transportation and Air Quality within the Office of Air and Radiation on EPA's “Renewable Fuels: Regulations & Standards” Web site (http://www.epa.gov/otaq/fuels/renewablefuels/regulations.htm).

    We are also making minor amendments to the regulations to reinsert language applicable to biofuel producers using Arundo donax or Pennisetum purpureum as feedstock, which was inadvertently overwritten by the Quality Assurance Program (QAP) final rule (79 FR 42078, July 18, 2014), and to make minor conforming changes to the numbering of other regulatory provisions.

    II. Clarifications Related to CWC Price Calculation

    EPA is taking action to clarify sections of the regulations related to the CWC price calculation. These changes are consistent with the CWC price formula set forth in the statute, and more specifically, with the statutory direction to adjust certain terms in the formula for inflation. We believe the regulations as amended will more clearly articulate the data sources that EPA will use in calculating the CWC price for each year.

    The regulations that outline the process used by EPA to calculate the CWC price are set forth in 40 CFR 80.1456(d). The regulations currently state that “the wholesale price of gasoline used in the CWC calculation will be calculated by averaging the most recent twelve monthly values for U.S. Total Gasoline Bulk Sales (Price) by Refiners as provided by the Energy Information Administration (EIA) that are available as of September 30 of the year preceding the compliance period.” 2 In practice, given the publication schedule for the referenced EIA publication, this means that EPA calculates the wholesale price of gasoline using data from the 12 months prior to July of the year preceding the compliance period (i.e., July 2011-June 2012 data for the 2013 CWC price). We are not making any modifications to this portion of the regulations.

    2 40 CFR 80.1456(d)(2).

    The regulations also currently state that the inflation adjustment used in calculating the CWC price will be calculated at the time EPA sets the cellulosic biofuel standard.3 In an effort to provide certainty to the market in relation to the CWC price as soon as reasonably practical, EPA believes it would be preferable to announce the CWC price as soon as the relevant data on the wholesale price of gasoline is available. Therefore, we are amending these regulations to calculate the inflation adjustment using data from June of the year preceding the compliance period. We believe this is appropriate as it is the most recent month within the time period over which we calculate the average wholesale price of gasoline. We are also amending our regulations to eliminate the regulatory references to CWC prices. Instead we intend to announce the CWC price in a notice on our “Renewable Fuels: Regulations & Standards” Web site by November of the year preceding the compliance period. Consistent with previous CWC calculations, EPA will continue to base the inflation adjustment on the Consumer Price Index for All Urban Consumers (CPI-U): U.S. City Average, Unadjusted Index for All Items expenditure category as provided by the Bureau of Labor and Statistics. We are amending our regulations in this action to clarify that we are using the unadjusted price index, rather than the seasonally adjusted price index, to calculate the inflation adjustment. We believe this is appropriate as the unadjusted index most accurately reflects the prices consumers actually pay and do not change, whereas the seasonally adjusted indexes are subject to revision for up to five years after their release.4 We are also clarifying that we are using “US City Average” data, as opposed to data for geographic subsets of the country. This is appropriate in light of the nation-wide applicability of the RFS program. Both of these changes simply clarify EPA's current practice, and are designed to promote regulatory certainty and understanding by stakeholders.

    3 40 CFR 80.1456(d)(3).

    4 For more information on Seasonally Adjusted vs. Unadjusted Indexes see http://www.bls.gov/cpi/cpisapage.htm.

    We are also amending the section of our regulations where the CWC price for previous years is listed.5 EPA has included the prices for 2010, 2011, 2012, and 2013 CWCs in our regulations. Promulgating prices in our regulations, however, requires EPA to undertake a rulemaking, which we believe may unnecessarily delay the announcement of the CWC price. Furthermore, we believe the CWC price need not be established by rulemaking, for the following reasons. First, the formula and all data sources for the CWC price are specified in our regulations, so the actual price calculation is a procedural action that will not benefit from a notice and comment rulemaking. Second, CWCs are purchased from EPA, and EPA can ensure that the correct price is paid for them. Finally, the publication of the CWC price in the CFR is not necessary for informational purposes as EPA intends to promptly post the CWC prices on our Web site.

    5 40 CFR 80.1405(d).

    Therefore, in this action EPA is deleting the sections of our regulations containing the CWC prices for previous years and is instead including a statement in the regulations indicating that the CWC price for each year will be posted on EPA's “Renewable Fuels: Regulations & Standards” Web site (http://www.epa.gov/otaq/fuels/renewablefuels/regulations.htm). Adopting this approach will allow EPA to announce the CWC prices at the earliest opportunity. We believe this will benefit both cellulosic biofuel producers and obligated parties. EPA will post the CWC prices for 2013, 2014, and 2015 on our Web site following the effective date of this rule.

    III. CWC Price Calculations for 2014 and 2015

    To illustrate the derivation of CWC prices pursuant to the statutory formula, and with the data sources specified in this direct final rule, we explain in this section the derivation of CWC prices for 2014 and 2015.6 EPA determined the average wholesale (refinery gate) price of gasoline using the monthly average prices for the 12 months prior to July of the year preceding each compliance period. In this calculation EPA uses the U.S. Total Gasoline Bulk Sales Price by Refiners (Dollars per Gallon) as reported by the U.S. Energy Information Administration (EIA). The data are shown below in Table 1 and Table 2 for the calculations for 2014 and 2015, respectively, and can be found at: (http://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=PET&s=EMA_EPM0_PBR_NUS_DPG&f=M).

    6 The calculations for the 2013 CWC were explained in a memo to the docket for our rulemaking establishing the 2013 standards (EPA-HQ-OAR-2012-0546-0134). The 2013 CWC price was calculated in accordance with the methodology and data sources described in this rule, with one minor difference. To calculate the Inflation Factor the August 2012 Index (230.037) was used rather than the June 2012 Index (229.815). Using the June 2012 Index in place of the August 2012 Index does not change the CWC waiver credit price for 2013 of $0.42. EPA will therefore confirm the 2013 CWC price in the announcement on our Web site following the effective date of this rule.

    Table 1—Wholesale Gasoline Prices for 2014 CWC Calculation Month Average price in
  • ($)
  • July 2012 2.703 August 2012 2.961 September 2012 3.133 October 2012 2.922 November 2012 2.622 December 2012 2.554 January 2013 2.668 February 2013 2.892 March 2013 2.963 April 2013 2.822 May 2013 2.824 June 2013 2.817
    Table 2—Wholesale Gasoline Prices for 2015 CWC Calculation Month Average price in
  • ($)
  • July 2013 2.879 August 2013 2.916 September 2013 2.831 October 2013 2.610 November 2013 2.496 December 2013 2.551 January 2014 2.598 February 2014 2.650 March 2014 2.763 April 2014 2.829 May 2014 2.853 June 2014 2.924

    The average monthly price in dollars for the calculation of the 2014 CWC price is 2.823. The average monthly price in dollars for the calculation of the 2015 CWC price is 2.742.

    The CAA requires that EPA adjust for inflation the comparison values of twenty-five cents ($0.25) and three dollars ($3.00) in the CWC price formula. EPA must compare the inflated twenty-five cent value with the amount the inflated three dollar value exceeds the average wholesale price of gasoline. EPA is required to use the greater of the two values as the price for the cellulosic biofuel waiver credits.

    EPA evaluated inflation by using the Unadjusted Index values from the Consumer Price Index for All Urban Consumers (CPI-U): U.S. City Average, for the All Items expenditure category as provided by the Bureau of Labor and Statistics, for the months of January 2009 (the first comparable value after 2008) and June 2013 and June 2014, as discussed in Section II of this preamble. These unadjusted indexes are used to calculate an Inflation Factor for each year, as shown in Table 4 below. Finally, we compare $0.25 (inflation adjusted) to $3.00 (inflation adjusted) minus the wholesale price of gasoline for each year. The greater of these values is the price for the cellulosic waiver credits.

    Table 3—Inflation Adjustments Month Unadjusted index Source January 2009 211.143 http://www.bls.gov/cpi/cpid0901.pdf (Table 1). June 2013 233.504 http://www.bls.gov/cpi/cpid1306.pdf (Table 1). June 2014 238.343 http://www.bls.gov/cpi/cpid1406.pdf (Table 1). Table 4—Inflation Factors Months Equation Inflation
  • factor
  • Jan. 2009-June 2013 1+(233.504-211.143)/211.143 1.106 Jan. 2009-June 2014 1+(238.343-211.143)/211.143 1.129
    Table 5—Cellulosic Waiver Credit Price Calculations Year $0.25
  • (Inflation adjusted)
  • $3—Wholesale price of gasoline
  • (inflation adjusted)
  • CWC Price
  • (larger of the two
  • values, rounded to
  • the nearest cent)
  • 2014 $0.25 *1.106 = $0.28 ($3.00 *1.106)−$2.823 = $0.4947 $0.49 2015 $0.25 *1.129 = $0.28 ($3.00 *1.129)−$2.742 = $0.6445 0.64
    As shown in Table 5, using the data sources for the inflation adjustment that are specified in this direct final rule results in a CWC price of $0.49 for 2014 and $0.64 for 2015. These prices, along with the CWC price for 2013 ($0.42) will be posted on EPA's Web site after the effective date of this rule.

    EPA notes that in this action we are not making a determination regarding whether CWCs will actually be offered. As required by statute, CWCs are only made available for sale if EPA lowers the required cellulosic biofuel volume requirement below the applicable volume set forth in the Act. EPA will decide whether or not it will lower the required cellulosic biofuel volumes in future rules establishing the 2014 and 2015 cellulosic biofuel percentage standards. At that time EPA will determine if CWCs will be sold. If so, they will be sold at the prices indicated above. However EPA notes that it has offered CWCs for every year since 2010, the first year for which a separate cellulosic biofuel standard was established. Given the anticipated shortfall in cellulosic biofuel production, as compared to statutory volumes, in these years it is probable that CWCs will be offered.

    IV. Reinsertion of Inadvertently Overwritten Language

    In the RFS RIN Quality Assurance Program final rule (79 FR 42078, July 18, 2014), we moved the previous 40 CFR 80.1426(f)(12) (regarding process heat produced from biogas) to 40 CFR 80.1426(f)(14) as we had proposed on February 21, 2013 (78 FR 12158). When we moved 40 CFR 80.1426(f)(12) to 40 CFR 80.1426(f)(14), however, we inadvertently overwrote the previous 40 CFR 80.1426(f)(14) (regarding renewable fuel produced from giant reed (Arundo donax) or napier grass (Pennisetum purpureum)) that had been finalized in a separate final rule which was published on July 11, 2013 (78 FR 41703). The new 40 CFR 80.1426(f)(12) finalized in the RFS RIN Quality Assurance Program final rule dealt with additional requirements for producers and importers when generating RINs. In today's action, we are amending the regulations to undo our inadvertent elimination of the regulatory provisions related to giant reed and napier grass. Specifically, we are: (1) Re-inserting the inadvertently eliminated language as 40 CFR 80.1426(f)(14) (See 78 FR 41714, July 11, 2013); (2) moving the current 40 CFR 80.1426(f)(14) (process heat produced from biogas) back to 40 CFR 80.1426(f)(12), where it existed prior to the RFS RIN Quality Assurance Program final rule (See 75 FR 79977, December 21, 2010); and (3) moving the current 40 CFR 80.1426(f)(12) to a new 40 CFR 80.1426(f)(17).

    V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review.

    B. Paperwork Reduction Act

    This action does not impose an information collection burden under the PRA. The changes made to the regulations as a result of this action impose no new or different reporting requirements on regulated parties.

    C. Regulatory Flexibility Act

    I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This action clarifies the data sources and methodology used by EPA to establish the CWC price, establishes these prices for 2014 and 2015, and reinserts inadvertently overwritten regulatory language. The impacts of the RFS2 program on small entities were already addressed in the RFS2 final rule promulgated on March 26, 2010 (75 FR 14670), and this rule will not impose any additional requirements on small entities beyond those already analyzed. We have therefore concluded that this action will have no net regulatory burden for all directly regulated small entities.

    D. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action implements mandate(s) specifically and explicitly set forth in Clean Air Act section 211(o) without the exercise of any policy discretion by the EPA.

    E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.

    F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in Executive Order 13175. This rule will be implemented at the Federal level and potentially impacts gasoline, diesel, and renewable fuel producers, importers, distributors, and marketers. Tribal governments would be affected only to the extent they purchase and use regulated fuels. Thus, Executive Order 13175 does not apply to this action.

    G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks

    The EPA interprets E.O. 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks and because it implements specific standards established by Congress in statutes (section 211(o) of the Clean Air Act).

    H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866.

    I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

    J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

    This rule is a technical correction and does not concern an environmental health or safety risk. Therefore, Executive Order 12898 does not apply.

    K. Congressional Review Act

    This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    VI. Statutory Authority

    Statutory authority for this action comes from section 211 of the Clean Air Act, 42 U.S.C. 7545.

    List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedure, Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports, Oil imports, Petroleum, Renewable Fuel.

    Dated: March 24, 2015. Gina McCarthy, Administrator.

    For the reasons set forth in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as set forth below.

    PART 80—REGULATION OF FUELS AND FUEL ADDITIVES 1. The authority citation for part 80 continues to read as follows: Authority:

    42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

    Subpart M—Renewable Fuel Standard 2. Section 80.1405 is amended by revising paragraph (d) to read as follows:
    § 80.1405 What are the Renewable Fuel Standards?

    (d) The price for cellulosic biofuel waiver credits will be calculated in accordance with § 80.1456(d) and published on EPA's Web site.

    3. Section 80.1426 is amended by revising paragraphs (f)(12) and (f)(14), and adding paragraph (f)(17) to read as follows:
    § 80.1426 How are RINs generated and assigned to batches of renewable fuel by renewable fuel producers or importers?

    (f) * * *

    (12) For purposes of Table 1 of this section, process heat produced from combustion of gas at a renewable fuel facility is considered derived from biomass if the gas is biogas.

    (i) For biogas directly transported to the facility without being placed in a commercial distribution system, all of the following conditions must be met:

    (A) The producer has entered into a written contract for the procurement of a specific volume of biogas with a specific heat content.

    (B) The volume of biogas was sold to the renewable fuel production facility, and to no other facility.

    (C) The volume and heat content of biogas injected into the pipeline and the volume of gas used as process heat are measured by continuous metering.

    (ii) For biogas that has been gathered, processed and injected into a common carrier pipeline, all of the following conditions must be met:

    (A) The producer has entered into a written contract for the procurement of a specific volume of biogas with a specific heat content.

    (B) The volume of biogas was sold to the renewable fuel production facility, and to no other facility.

    (C) The volume of biogas that is withdrawn from the pipeline is withdrawn in a manner and at a time consistent with the transport of fuel between the injection and withdrawal points.

    (D) The volume and heat content of biogas injected into the pipeline and the volume of gas used as process heat are measured by continuous metering.

    (E) The common carrier pipeline into which the biogas is placed ultimately serves the producer's renewable fuel facility.

    (iii) The process heat produced from combustion of gas at a renewable fuel facility described in paragraph (f)(12)(i) of this section shall not be considered derived from biomass if any other party relied upon the contracted volume of biogas for the creation of RINs.

    (14) A producer or importer of renewable fuel using giant reed (Arundo donax) or napier grass (Pennisetum purpureum) as a feedstock may generate RINs for that renewable fuel if:

    (i) The feedstock is produced, managed, transported, collected, monitored, and processed according to a Risk Mitigation Plan approved by EPA under the registration procedures specified in § 80.1450(b)(1)(x)(A); or,

    (ii) EPA has determined that there is not a significant likelihood of spread beyond the planting area of the feedstock used for production of the renewable fuel. Any determination that Arundo donax or Pennisetum purpureum does not present a significant likelihood of spread beyond the planting area must be based upon clear and compelling evidence, including information and supporting data submitted by the producer. Such a determination must be made by EPA as specified in § 80.1450(b)(1)(x)(B).

    (17)(i) For purposes of this section, any renewable fuel other than ethanol, biodiesel, or renewable diesel that meets the ASTM D 975-13a Grade No. 1-D or No. 2-D specifications (incorporated by reference, see § 80.1468) is considered renewable fuel and the producer or importer may generate RINs for such fuel only if all of the following apply:

    (A) The fuel is produced from renewable biomass and qualifies for a D code in Table 1 to this section or has been otherwise approved by the Administrator.

    (B) The fuel producer or importer maintains records demonstrating that the fuel was produced for use as a transportation fuel, heating oil or jet fuel by any of the following:

    (1) Blending the renewable fuel into gasoline or diesel fuel to produce a transportation fuel, heating oil or jet fuel that meets all applicable standards.

    (2) Entering into a written contract for the sale of the renewable fuel, which specifies the purchasing party shall blend the fuel into gasoline or diesel fuel to produce a transportation fuel, heating oil or jet fuel that meets all applicable standards.

    (3) Entering into a written contract for the sale of the renewable fuel, which specifies that the fuel shall be used in its neat form as a transportation fuel, heating oil or jet fuel that meets all applicable standards.

    (C) The fuel was sold for use in or as a transportation fuel, heating oil, or jet fuel, and for no other purpose.

    (ii) [Reserved]

    4. Section 80.1456 is amended by revising paragraph (d)(3) to read as follows:
    § 80.1456 What are the provisions for cellulosic biofuel waiver credits?

    (d) * * *

    (3) The inflation adjustment will be calculated by comparing the Consumer Price Index for All Urban Consumers (CPI-U): U.S. City Average, Unadjusted Index for All Items expenditure category as provided by the Bureau of Labor Statistics for June of the year preceding the compliance period to the comparable value reported for January 2009.

    [FR Doc. 2015-07476 Filed 4-2-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2015-0125; FRL-9924-40] Extension of Tolerances for Emergency Exemptions (Multiple Chemicals) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    This regulation extends or re-establishes time-limited tolerances for residues of the pesticides fluridone in or on cotton undelinted seed, and diflubenzuron in or on alfalfa forage and hay. These actions are in response to EPA's granting of emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of these pesticides. In addition, the Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA.

    DATES:

    This regulation is effective April 3, 2015. Objections and requests for hearings must be received on or before June 2, 2015, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

    ADDRESSES:

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2015-0125, 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.

    FOR FURTHER INFORMATION CONTACT:

    Susan Lewis, Registration Division (7505P), 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:

    I. General Information A. Does this action apply to me?

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR part 180 through the Government Publishing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

    C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2015-0125 in the subject line on the first page of your submission. All requests must be in writing, and must be received by the Hearing Clerk on or before June 2, 2015. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b).

    In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA-HQ-OPP-2015-0125, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets. II. Background and Statutory Findings

    EPA, on its own initiative, has previously issued final rules under FFDCA section 408, 21 U.S.C. 346a, establishing time-limited tolerances for fluridone, 1-methyl-3-phenyl-5-(3-(trifluoromethyl)phenyl)-4(1H)-pyridone, in or on cotton undelinted seed, and for diflubenzuron, N-[[(4-chlorophenyl)amino]carbonyl] -2,6-difluorobenzamide, in or on alfalfa forage and hay.

    EPA established those tolerances because FFDCA section 408(l)(6) requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA under FIFRA section 18. Such tolerances can be established without providing notice or time for public comment.

    EPA received requests to extend the emergency use of these chemicals for this year's growing season. After having reviewed these submissions, EPA concurs that emergency conditions continue to exist. EPA assessed the potential risks presented by residues for each chemical. In doing so, EPA considered the safety standard in FFDCA section 408(b)(2), and decided that the necessary tolerance under FFDCA section 408(l)(6) would be consistent with the safety standard and with FIFRA section 18.

    The data and other material relevant to these safety findings have been evaluated and discussed in the final rule originally published to support these uses. Based on that data and information considered, the Agency again concludes that these time-limited tolerances will continue to meet the requirements of FFDCA section 408(l)(6). Therefore, the time-limited tolerances are extended until December 31, 2017. EPA will publish a document in the Federal Register to remove the revoked tolerances from the Code of Federal Regulations (CFR). Although these tolerances will expire and are revoked on the date listed under FFDCA section 408(l)(5), residues of the pesticide not in excess of the amounts specified in the tolerance remaining in or on the commodity after that date will not be unlawful, provided the residue is present as a result of an application or use of a pesticide at a time and in a manner that was lawful under FIFRA, the tolerance was in place at the time of the application, and the residue does not exceed the level that was authorized by the tolerance. EPA will take action to revoke these tolerances earlier if any experience with, scientific data on, or other relevant information on this pesticide indicate that the residues are not safe.

    Tolerances for the use of the following pesticide chemicals on specific commodities are being extended:

    Fluridone. EPA has authorized under FIFRA section 18 the emergency use of fluridone on cotton for control of glyphosate-resistant Palmer amaranth in Arkansas, Georgia, Missouri, North Carolina, South Carolina and Tennessee. This regulation re-establishes a time-limited tolerance for residues of the herbicide fluridone, 1-methyl-3-phenyl-5-(3-(trifluoromethyl)phenyl)-4(1H)-pyridone, and its metabolites and degradates, determined as only the parent fluridone, in or on cotton, undelinted seed at 0.1 parts per million (ppm) for an additional three-year period. This tolerance will expire and is revoked on December 31, 2017. The final rule originally establishing the time-limited tolerance was published in the Federal Register of November 7, 2012 (77 FR 66715) (FRL-9366-8).

    Diflubenzuron. EPA has authorized under FIFRA section 18 the use of diflubenzuron on alfalfa grown for hay for control of Mormon crickets (Anabrus simplex) and grasshoppers (Family Acrididae, various spp.) in Wyoming. This regulation re-establishes time-limited tolerances for residues of the insecticide diflubenzuron, N-[[(4-chlorophenyl)amino]carbonyl] -2,6-difluorobenzamide, and its metabolites, p-chlorophenylurea and p-chloroaniline, in or on alfalfa forage and alfalfa hay at 6.0 ppm for an additional three-year period. These tolerances will expire and are revoked on December 31, 2017. The final rule originally establishing the time-limited tolerances was published in the Federal Register of November 28, 2008 (73 FR 72352) (FRL-8388-9).

    III. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food safety standards and agricultural practices. EPA considers the international maximum residue limits (MRLs) established by the Codex Alimentarius Commission (Codex), as required by FFDCA section 408(b)(4). The Codex Alimentarius is a joint United Nations Food and Agriculture Organization/World Health Organization food standards program, and it is recognized as an international food safety standards-setting organization in trade agreements to which the United States is a party. EPA may establish a tolerance that is different from a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain the reasons for departing from the Codex level.

    The Codex has not established MRLs for fluridone on cotton or diflubenzuron on alfalfa.

    IV. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA sections 408(e) and 408(l)(6). The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled “Regulatory Planning and Review” (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any special considerations under Executive Order 12898, entitled “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” (59 FR 7629, February 16, 1994).

    Since tolerances and exemptions that are established in accordance with FFDCA sections 408(e) and 408(l)(6), such as the tolerances in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not apply.

    This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.).

    This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note).

    V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule 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. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.

    Dated: March 26, 2015. Susan Lewis, Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

    PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority:

    21 U.S.C. 321(q), 346a and 371.

    2. In § 180.377, amend the table in paragraph (b) by revising the entries for “Alfalfa, forage” and “Alfalfa, hay” to read as follows:
    § 180.377 Diflubenzuron; tolerances for residues.

    (b) * * *

    Commodity Parts per million Expiration/revocation date Alfalfa, forage 6.0 12/31/2017 Alfalfa, hay 6.0 12/31/2017 *    *    *    *    *
    3. In § 180.420, revise the table in paragraph (b) to read as follows:
    § 180.420 Fluridone; tolerances for residues.

    (b) * * *

    Commodity Parts per million Expiration/revocation date Cotton, undelinted seed 0.1 12/31/2017
    [FR Doc. 2015-07624 Filed 4-2-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA-HQ-SFUND-1991-006; FRL-9925-52-Region 8] National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Withdrawal of direct final rule.

    SUMMARY:

    On February 5, 2015, the Environmental Protection Agency (EPA) published a Notice of Intent to Delete and a direct final Notice of Deletion for the Midvale Slag from the National Priorities List. The EPA is withdrawing the Final Notice of Deletion due to adverse comments that were received during the public comment period. After consideration of the comments received, if appropriate, EPA will publish a Notice of Deletion in the Federal Register based on the parallel Notice of Intent to Delete and place a copy of the final deletion package, including a Responsiveness Summary, if prepared, in the Site repositories.

    DATES:

    This withdrawal of the direct final action published February 5, 2015 (80 FR 6458) is effective as of April 3, 2015.

    ADDRESSES:

    Information Repositories: Comprehensive information on the Site, as well as the comments that we received during the comment period, are available in the docket EPA-HQ-SFUND-1991-0006 accessed through the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically at http://www.regulations.gov or in hard copy at Ruth Tyler Branch Library, 8041 South Wood, Midvale, UT 84047; Phone: (801-944-7641); Hours: M-Th: 9 a.m.-9 p.m.; Fri-Sat: 9:00 a.m.-5:30 p.m.

    FOR FURTHER INFORMATION CONTACT:

    Erna Waterman, Remedial Project Manager, U.S. Environmental Protection Agency, Region 8, Mail code: 8EPR-SR, 1595 Wynkoop Street, Denver, CO 80202-1129; Phone: (303) 312-6762; Email: [email protected] You may contact Erna to request a hard copy of publicly available docket materials.

    List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, Hazardous waste, Hazardous substances, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply.

    Dated: March 24, 2015. Shaun L. McGrath, Regional Administrator, Region 8.

    For the reasons set out in this document, 40 CFR part 300 is amended as follows:

    PART 300—NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN 1. The authority citation for part 300 continues to read as follows: Authority:

    33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 13626, 77 FR 56749, 3 CFR, 2013 Comp., p.306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p.193.

    2. Accordingly, the amendment to Table 1 of Appendix B to CFR part 300 to remove the entry “UT” “Midvale Slag” “Midvale” published February 5, 2015 (80 FR 6458) is withdrawn as of April 3, 2015.
    [FR Doc. 2015-07472 Filed 4-2-15; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 90 [WP Docket No. 07-100, FCC 15-28] Private Land Mobile Radio Services AGENCY:

    Federal Communications Commission.

    ACTION:

    Final rule.

    SUMMARY:

    In this document, the Federal Communications Commission (Commission) grants an unopposed petition filed by the Public Safety Communications Council (PSCC) for partial reconsideration of the Fifth Report and Order in this proceeding. Specifically, for applicants seeking authority to operate centralized trunked stations on Public Safety Pool channels, we eliminate the requirement that the applicant demonstrate that the proposed station's service contour will not be overlapped by any incumbent station's interference contour. We also amend the rule changes adopted in the Fifth Report and Order regarding treatment of mobile stations to clarify how to protect 150-174 MHz band mobile stations that are associated with a base station. This proceeding is part of our continuing effort to provide clear and concise rules that facilitate new wireless technologies, devices and services, and are easy for the public to understand.

    DATES:

    Effective May 4, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Rodney P. Conway, at [email protected], Wireless Telecommunications Bureau, (202) 418-2904, or TTY (202) 418-7233.

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's Second Order on Reconsideration in WP Docket No. 07-100; FCC 15-28, adopted on March 9, 2015, and released March 11, 2015. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street SW., Washington, DC 20554. The full text may also be downloaded at: www.fcc.gov. Alternative formats are available to persons with disabilities by sending an email to [email protected] or by calling the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

    Summary

    1. A trunked radio system employs technology that can search two or more available channels and automatically assign a user an open channel. In the Fifth Report and Order, the Commission revised, clarified, and streamlined § 90.187 of its rules, which specifies the manner in which trunking may be accomplished in the 150-174 MHz and 421-512 MHz private land mobile radio bands. PSCC seeks reconsideration with respect to two of those rule changes.

    2. Section 90.187(d)(3). As noted in the Fifth Report and Order, § 90.187 requires that a trunked system monitor the frequencies and employ equipment that prevents transmission on a frequency if a signal from another system is present on it, with certain exceptions. One of these exceptions is if the licensee obtains the written consent of all “affected licensees.” Whether an incumbent is an affected licensee depends on both the spectral proximity of the existing and proposed frequencies, and the physical proximity of the existing and proposed facilities. In the Fifth Report and Order, the Commission modified § 90.187 to require that the contour analysis used to determine physical proximity be performed by an applicant for a new centralized trunked system to demonstrate both that (1) the proposed system's interference contour will not overlap any spectrally proximate incumbent system's service contour; and (2) its proposed service contour will not be overlapped by the interference contour of any incumbent system (a “reverse” contour analysis). The Commission adopted the reverse contour requirement because its benefits—to prevent the licensing of stations that would appear to have little function other than to enable the applicant to block the expansion of viable incumbent systems—outweighed the limited additional burden on frequency coordinators of performing a two-way analysis. It noted that applicants with legitimate reasons for seeking authorization for service contours overlapped by incumbents' interference contours could seek case-by-case waivers.

    3. PSCC states that there are situations in which it is appropriate to license low-power Public Safety stations within the interference contours of incumbent stations in order to fill a specific communications need, such as providing communications capacity at a prison or courthouse, and that such stations have no effect on incumbent licensees. PSCC believes that the coordination of such stations should be permitted based on the expertise of the Public Safety Pool frequency coordinators rather than requiring licensees to utilize the slower and more burdensome case-by-case waiver process. Further, PSCC asserts that while “a practice similar to `greenmail' ” may occur on Industrial/Business Pool channels, which the reverse contour analysis might help to prevent, the issue does not arise on Public Safety Pool channels.

    4. We agree with PSCC that the reverse contour requirement is not necessary for the Public Safety Pool channels, and should apply only to Industrial/Business Pool channels. No party has opposed PSCC's request, and we find the risk of such potential “greenmail” activity in connection with public safety facilities to be unlikely and certainly outweighed by the cost of pursuing case-by-case waivers. Accordingly, we are amending the rules to eliminate the “affected licensees” consent requirement for Public Safety Pool applicants for stations with a proposed service contour overlapped by an incumbent system's interference contour. Such Public Safety Pool applicants will be permitted to prosecute their applications, which require coordination by a Public Safety Pool frequency coordinator, without obtaining the consent of “affected licensees” unless their proposed interference contour overlaps any spectrally proximate incumbent licensee's service contour. We amend § 90.187(d)(3) to make clear that when a public safety applicant files an application in which its service contour is overlapped by the interference contour of an incumbent station, the applicant must accept any resultant interference.

    5. Section 90.187(d)(1)(B). Formerly, § 90.187 was not entirely clear about how to treat mobile stations for the foregoing contour analysis. The Commission amended the rule in the Fifth Report and Order to provide that, for purposes of the contour analysis to determine whether a station is an affected licensee, a mobile-only system's authorized operating area will be used as both its service contour and its interference contour. The Commission concluded that using the service area boundary for both the protected contour and the interference contour would allow establishment of new facilities while still providing an appropriate level of protection to the mobile operations.

    6. PSCC concurs with the Commission's decision to address the protection of mobile stations not associated with a base station by making the mobile-only authorized operating area represent both the interference and service contours. It notes, however, that the Commission did not adopt any provision regarding protection of mobile units that are associated with a base station, and suggests that associated mobile units be treated analogously to unassociated mobile units by using the associated base station's service contour as both the associated mobile unit's service contour and interference contour.

    7. We agree that this omission should be addressed with respect to the 150-174 MHz band, where the base and mobile frequencies generally are not paired. As the Commission concluded with respect to mobile units not associated with a base station, using the service area boundary for 150-174 MHz mobile units that are associated with a base station for both the protected contour and the interference contour will allow establishment of new facilities while still providing an appropriate level of protection to incumbent operations. We amend § 90.187(d)(1)(B) accordingly.

    I. Procedural Matters Paperwork Reduction Act

    8. This document does not contain proposed information collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does not contain any new or modified “information collection burden for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

    II. Final Regulatory Flexibility Analysis

    9. As required by the Regulatory Flexibility Act (RFA), a Final Regulatory Flexibility Analysis (FRFA) was incorporated in the Fifth Report and Order. In view of the fact that we have adopted further rule amendments in the Second Order on Reconsideration, we have included this Supplemental Final Regulatory Flexibility Certification. This Certification conforms to the RFA. See 5 U.S.C. 604.

    10. The Regulatory Flexibility Act of 1980, as amended (RFA) requires that a regulatory flexibility analysis be prepared for rulemaking proceedings, unless the agency certifies that “the rule will not have a significant economic impact on a substantial number of small entities.” See 5 U.S.C. 605(b). The RFA generally defines “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.” See 5 U.S.C. 601(6). In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act. See 5 U.S.C. 601(3). A small business concern is one which (1) is independently owned and operated, (2) is not dominant in its field of operation, and (3) satisfies any additional criteria established by the Small Business Administration (SBA). See Small Business Act, 5 U.S.C. 632 (1996). The FRFA incorporated in the Fifth Report and Order described and estimated the number of small entity licensees and regulatees that may be affected by the rules changes adopted therein, described the projected reporting, recordkeeping, and other compliance requirements associated therewith, identified the steps taken to minimize significant economic impact on small entities and significant alternatives considered in connection therewith, and identified no federal rules that may duplicate, overlap, or conflict therewith. That FRFA is unchanged by this Second Order on Reconsideration except as described below.

    11. The Second Order on Reconsideration makes technical modifications to our rule regarding the contour analysis for determining whether to permit a new centralized trunked station. These rule changes are not expected to have any significant cumulative effect on frequency coordination costs. Therefore, we certify that the requirements of the Second Order on Reconsideration will not have a significant economic impact on a substantial number of small entities.

    12. The Commission will send a copy of the Second Order on Reconsideration, including a copy of this final certification, in a report to Congress pursuant to the Congressional Review Act, see U.S.C. 801(a)(1)(A). In addition, the Second Order on Reconsideration and this certification will be sent to the Chief Counsel for Advocacy of the Small Business Administration. A copy of this Second Order on Reconsideration and this certification (or summaries thereof) will also be published in the Federal Register. See 5 U.S.C. 604(b).

    III. Ordering Clauses

    13. Accordingly, it is ordered pursuant to sections 4(i), 303(r), and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), 405, and § 1.429 of the Commission's rules, 47 CFR 1.429, that the Petition for Reconsideration of the Fifth Report and Order filed by the Public Safety Communications Council on June 12, 2013, is granted to the extent set forth herein.

    14. It is further ordered that part 90 of the Commission's rules is amended, effective May 4, 2015.

    List of Subjects in 47 CFR Part 90

    Communications equipment, Radio, Reporting and recordkeeping requirements.

    Federal Communications Commission. Marlene H. Dortch, Secretary.

    For the reasons discussed, the Federal Communications Commission amends 47 CFR part 90 as follows:

    PART 90—PRIVATE LAND MOBILE RADIO SERVICES 1. The authority citation for part 90 continues to read as follows: Authority:

    Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7) and Title VI of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96 Stat. 156.

    2. Section 90.187 is amended by revising paragraphs (d)(1)(ii)(A) and (d)(3) to read as follows:
    § 90.187 Trunking in the bands between 150 and 512 MHz.

    (d) * * *

    (1) * * *

    (ii) * * *

    (A) Licensees (and filers of previously filed pending applications) with a service contour (37 dBu for stations in the 150-174 MHz band, and 39 dBu for stations in the 421-512 MHz band) that is overlapped by the proposed centralized trunked station's interference contour (19 dBu for stations in the 150-174 MHz band, and 21 dBu for stations in the 421-512 MHz band). Contour calculations are required for base station facilities. Contour calculations are required for associated mobile stations only in the 150-174 MHz band, with the associated base station's service contour used as both the mobile station's service contour and its interference contour.

    (3) In addition, the service contour for proposed centralized trunked stations on Industrial/Business Pool frequencies shall not be overlapped by an incumbent licensee's interference contour. An application filed for Public Safety Pool frequencies, see § 90.20, for a proposed centralized trunked station in which the service contour of the proposed station is overlapped by the interference contour of the incumbent station(s) is allowed, but the applicant must accept any resultant interference.

    [FR Doc. 2015-07600 Filed 4-2-15; 8:45 am] BILLING CODE 6712-01-P
    DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 383, 385, 386 and 387 [Docket Number: FMCSA-2014-0261] RIN 2126-AB75 Civil Penalties Inflation Adjustments AGENCY:

    Federal Motor Carrier Safety Administration (FMCSA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    The FMCSA specifies inflation adjustments to civil penalty amounts assessed to those who violate the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs). Some of these adjustments are required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (Adjustment Act), as amended by the Debt Collection Improvement Act of 1996 (DCIA). Most of the civil penalties were last adjusted for inflation in 2007, and some have not been changed since 2003. Other changes to the civil penalties were mandated by Congress in the Moving Ahead for Progress in the 21st Century Act (MAP-21). This final rule ensures that FMCSA's civil penalties are consistent with the applicable statutes.

    DATES:

    Effective June 2, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Nikki McDavid, Enforcement Division, by email at [email protected] or phone at 202-366-0831. Office hours are from 8:00 a.m. to 4:30 p.m. Monday through Friday, except Federal holidays.

    SUPPLEMENTARY INFORMATION:

    The Supplementary Information section of this rule is organized as follows.

    Table of Contents I. Executive Summary A. Purpose and Summary of Major Provisions B. Benefits and Costs II. Legal Basis for the Rulemaking A. MAP-21 B. The Debt Collection Improvement Act of 1996 C. SAFETEA-LU D. Other Authorities III. Background A. Method of Calculation IV. Section-by-Section Analysis V. Rulemaking Analyses and Notices I. Executive Summary A. Purpose and Summary of the Major Provisions

    This final rule adjusts the amount of FMCSA's civil penalties to account for inflation as directed by the Adjustment Act, as amended by the DCIA. The specific inflation adjustment methodology is described below. This final rule also eliminates existing inconsistencies between regulatory language in Appendices A and B of 49 U.S.C. part 386 and other parts of the FMCSRs by removing the penalty amounts from the regulatory language and listing all penalty amounts in these appendices only. Finally, this rulemaking addresses changes to the hazardous material civil penalties violations which were mandated by MAP-21.

    B. Benefits and Costs

    The changes imposed by this final rule upon the civil penalty amounts alter only the magnitude of transfer payments; transfer payments by definition are not considered in the monetization of societal costs and benefits of rulemakings. Congress has stated in the Adjustment Act, section 2, that increasing penalties over time will deter violations. Therefore, with this deterrence, FMCSA infers that there may be some safety benefits that occur due to this final rule. The deterrence effect of increasing penalties, which Congress has recognized, cannot be reliably quantified into safety benefits, however.

    II. Legal Basis for the Rulemaking

    This rulemaking is based primarily on three statutes.

    A. The Debt Collection Improvement Act of 1996

    To preserve the remedial effect of civil penalties and foster compliance with applicable regulations, the Adjustment Act (Pub. L. 101-410, 104 Stat. 890, October 5, 1990), as amended by the DCIA, (Pub. L. 104-134, April 26, 1996, 110 Stat. 1321-1373; 28 U.S.C. 2461), requires Federal agencies to regularly adjust certain civil penalties for inflation. The statute requires each agency to make an initial inflationary adjustment for all applicable civil penalties and to make further adjustments to these penalty amounts. The detailed methodology required by statute is discussed in the Background section below.

    B. MAP-21

    This rule's authority is partly based on MAP-21 (Pub. L. 112-141, 126 Stat. 405, July 6, 2012). Specifically, the authority comes from Title III of MAP-21, the Hazardous Materials Transportation Safety Improvement Act of 2012, including section 33010, which amended 49 U.S.C. 5123, a civil penalty provision, effective on October 1, 2012.

    Previously, 49 U.S.C. 5123 provided for penalties of not less than $250 and not more than $50,000 for violations of regulations related to the transportation of hazardous materials, and not less than $450 and not more than $50,000 for violations of regulations related to hazardous materials training. For violations that resulted in death, serious illness, or severe injury to any person or substantial destruction of property, section 5123 provided for penalties up to $100,000. MAP-21 amended section 5123 to remove the minimum penalty for violations related to the transportation of hazardous materials, provide for penalties up to $75,000 for violations related to the transportation of hazardous materials or training, and $175,000 in the event of death, serious illness, severe injury or substantial destruction of property. To implement these changes, this final rule amends 49 CFR part 386, Appendix B (e)(1-5).

    Other MAP-21 provisions that are the basis for changes to additional civil penalties in this final rule include: Section 32108, Reporting and recordkeeping related to operating authority registration (49 U.S.C. 14901(a)); section 32108, Passenger carrier operating without registration (49 U.S.C. 14901(a)); section 32108, Property carrier operating without registration (49 U.S.C. 14901(a)); section 32108, a motor carrier or broker transporting hazardous waste without registration (49 U.S.C. 14901(b)); section 32110, Disobedience to a subpoena (49 U.S.C. 525); section 32503, Operating in violation of an unsatisfactory/unfit out of service order (49 U.S.C. 521(b)(2)(F)); section 32503, Operating in violation of an imminent hazard order (49 U.S.C. 521(b)(2)(F)); section 32505, Strikes “knowingly and willfully” from 49 U.S.C. 524 (evasion of safety-related regulations); section 32505, Evasion of commercial regulations (49 U.S.C. 14906);); and section 32919, Unlawful brokering (49 U.S.C. 14916).

    C. SAFETEA-LU

    Two provisions under the Safe Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Pub. L. 109-59, 119 Stat. 1144, Aug. 10, 2005), (SAFETEA-LU) provides authority to increase civil penalties. First, section 4102 (b), codified at 49 U.S.C. 31310 (i)(2)(C), addresses an employer of a CDL-holder who knowingly allows, requires, permits, or authorizes an employee to operate a CMV when the CDL-holder is subject to an out-of-service order. Second, section 4209 (d)(3), codified at 49 U.S.C. 14901 (d)(3), addresses providing household good transportation without a registration.

    D. Other Authorities

    Generally, agencies may promulgate final rules only after issuing a notice of proposed rulemaking and providing an opportunity for public comment under procedures required by the Administrative Procedure Act (5 U.S.C. 551-706) (APA), as provided in 5 U.S.C. 553(b) and (c). The APA provides a good cause exception from these requirements when notice and public comment procedures are “impracticable, unnecessary, or contrary to the public interest” (5 U.S.C. 553(b)(3)(B)). However, the good cause exception requires an agency finding that includes a brief statement of reasons in the rules issued to dispense with notice and comment procedures.

    In this instance, FMCSA finds that notice and comment is unnecessary prior to adoption of this final rule because adjustments to civil penalties are statutorily mandated by Congress and the Agency's final rule is a nondiscretionary, ministerial act to implement these statutory obligations. The amendments made in this final rule merely adjust penalty provisions for inflation and do not impose new discretionary requirements on the public. For these reasons, the FMCSA finds good cause that notice and public comment in accordance with the APA on this final rule is unnecessary. For the same reasons the agency finds notice and comment procedures unnecessary under 49 U.S.C. 553(b)(3)(B), the agency also finds good cause under 49 U.S.C. 553(d) that this rule be effective on the date of publication in the Federal Register.

    Finally, 49 U.S.C. 31138 (c)(4) and 49 U.S.C. 31139 (c) are authorities relied upon to address technical amendments to part 387 regarding factors FMCSA must take into account in assessing penalties, which includes the ability of parties to pay violations. These changes to part 387 capture the precise statutory language of those authorities.

    III. Background

    This final rule eliminates existing inconsistencies between regulatory language in Appendices A and B of part 386 and other parts of the FMCSRs by removing the penalty amounts from the regulatory language and listing all penalty amounts in these appendices only. Specifically, for ease of reference, the penalty amounts contained in sections 383.53 (b) and (c), section 385.111(h), section 387.17, and section 387.41 are removed and now referenced only in Appendix B.

    A. Method of Calculation

    Under the DCIA, the inflation adjustment for each civil penalty is determined by increasing the maximum civil penalty amount per violation by applying a cost-of-living adjustment. The DCIA specifies the cost-of-living adjustment as the percentage by which the Consumer Price Index (CPI) “for the month of June of the calendar year preceding the adjustment exceeds the CPI for the month of June of the year in which the amount of such civil penalty was last set or adjusted pursuant to law” ((section 5(b))). Any calculated increase under this adjustment is subject to a specific rounding formula set forth in the DCIA as follows:

    (1) Multiple of $10 in the case of penalties less than or equal to $100;

    (2) multiple of $100 in the case of penalties greater than $100 but less than or equal to $1,000;

    (3) multiple of $1,000 in the case of penalties greater than $1,000 but less than or equal to $10,000;

    (4) multiple of $5,000 in the case of penalties greater than $10,000 but less than or equal to $100,000;

    (5) multiple of $10,000 in the case of penalties greater than $100,000 but less than or equal to $200,000; and

    (6) multiple of $25,000 in the case of penalties greater than $200,000.

    For example, under Appendix A of 49 CFR part 386, part IV, paragraph (e), failure to return a written certification of correction as required by an out-of-service order, is subject to a civil penalty. The penalty was adjusted for inflation on September 28, 2007 (72 FR 55100), resulting in a maximum penalty of $750 per violation. The CPI was approximately 238 in June 2014, and 208 in June 7, 2007 (see U.S. Bureau of Labor Statistics at http://www.bls.gov/cpi/). Thus, the inflation factor is 238/208 or 1.14.1 The new penalty amount after the increase is the result of multiplying $750 × 1.14 = $855. Under the statute, however, the inflation adjustment increase is to be rounded to the nearest multiple of $100 in the case of penalties greater than $100 but less than or equal to $1,000. In this example, the amount of the increase in the daily maximum penalty was $105, and when rounded to the nearest multiple of $100 equals $100, so the new daily maximum penalty is $850. Therefore, Appendix A, 49 CFR part 386, part IV, paragraph (e) is revised to provide an adjusted maximum penalty of $850 ($750 + $100) per violation.

    1 For this calculation, FMCSA utilized the unrounded CPI values and rounded the inflation factor to the nearest tenth. The exact calculation is (238.343/208.352) = 1.14.

    The 1.14 inflation factor is used to adjust penalties that were adjusted in 2007, which included penalties: Under the Transportation Equity Act for the 21st Century (Pub. L. 105-178, 112 Stat. 107); established in the ICC Termination Act of 1995 (Pub. L. 104-88, 109 Stat. 809); and enacted in the Motor Carrier Safety Improvement Act of 1999 (Pub. L. 106-159, 113 Stat. 1748 (Dec. 9, 1999)).

    Some penalties were adjusted in 2003 but not adjusted in 2007. The adjustment factor used to update those amounts in this final rule uses the June 2003 CPI value of 184: 238/184 = 1.30. For example, the penalty for operating a CMV when the driver was placed out of service (49 CFR part 386, Appendix B, paragraph (b)) was $3,750 per violation. This penalty has not been adjusted since 2003, so it will be increased to $4,750, applying the following calculation: The increment of $1,125 ($3,750 × 1.30 = $4,875, less the original penalty of $3,750) will be rounded to the nearest thousand and added to the original value of the penalty. If the penalty is less than half the rounding amount, no inflation factor will be added. See the table, Inflation Adjustments for part 386, in the Section-by-Section discussion, directly below.

    However, the statute requires that any penalty being adjusted for the first time not exceed 10% of such penalty. Each of these are marked with an asterisk in the following table. For example, the penalty for an employer of a CDL-holder who knowingly allows, requires, permits or authorizes that CDL-holder to operate a CMV in violation of a Federal, State, or local law or regulation (part 386, Appendix B (b)(3)) is $10,000 for each offense. The adjustment would be $3,000 based on the following calculation: $10,000 × 1.30= $13,000, or an increase of $3,000. But since its first adjustment would be greater than 10%, the actual adjustment is capped at $1,000, which means the inflated penalty amount is now $11,000 ($10,000 + $1,000).

    MAP-21 revised several civil penalties under the Federal Hazardous Materials Regulations (49 CFR parts 171-180), which have been promulgated by final rule in 78 FR 60226, (October 1, 2013). The FMCSA is not adjusting these penalties for inflation or any penalties established in 2011 and 2012, because, given their comparatively recent establishment, the inflationary adjustments would have, at most, a minimal impact on these penalties. However, the agency will increase such penalties in future rulemakings as appropriate.

    IV. Section-by-Section Analysis Summary of Penalty Adjustments

    As noted in the regulatory text (part 386 appendices A and B) in today's rule, the adjusted civil penalties identified in the appendices supersede, where a discrepancy exists, the corresponding civil penalty amounts identified in title 49, United States Code.

    Part 383

    The penalty amounts contained in Sections 383.53 (b) and (c) are removed and now referenced in Appendix B (b)(1), (b)(2), and (b)(3).

    Part 385

    The penalty amount contained in Section 385.111(h) is removed and now referenced in Appendix B (f)(1).

    Part 386

    Part 386 Appendix A has a new introduction to mirror the language at the beginning of Appendix B. Below is the table with the current civil penalty amounts in the appendices of part 386 and increases applied:

    Table 1—Inflation Adjustments for Part 386 Civil penalty
  • location in
  • Part 386
  • Current
  • penalty
  • amount
  • Inflation
  • rate
  • Increment
  • applied
  • Final adjusted value: Legal authority
    Appendix A II Subpoena $1,000 0.00 $0 $1,000 MAP-21 Pub. L. 112-141, sec. 32110, 126 Stat. 405, 782, (2012) (49 U.S.C. 525). Appendix A II Subpoena 10,000 0.00 0 10,000 MAP-21 Pub. L. 112-141, sec. 32110, 126 Stat. 405, 782 (2012) (49 U.S.C. 525). Appendix A IV (a) Out-of-service order (operation of CMV by driver) 2,100 1.30 1,000 3,100 Pub. L. 98-554, sec. 213(b), 98 Stat. 2829, 2841-2843 (1984) (49 U.S.C. 521(b)(7)), 55 FR 11224 (March 27, 1990). Appendix A IV (b) Out-of-service order (requiring or permitting operation of CMV by driver) 16,000 1.30 5,000 21,000 Pub. L. 98-554, sec. 213(a), 98 Stat, 2829 (1984) (49 U.S.C. 521(b)(7)), 55 FR 11224 (March 27, 1990). Appendix A IV (c) Out-of-service order (operation by driver of CMV or intermodal equipment that was placed out of service) 2,100 1.30 1,000 3,100 Pub. L. 98-554, sec. 213(a), 98 Stat 2829 (1984) (49 U.S.C. 521(b)(7)), 55 FR 11224 (March 27, 1990). Appendix A IV (d) Out-of-service order (requiring or permitting operation of CMV or intermodal equipment that was placed out of service) 16,000 1.30 5,000 21,000 Pub. L. 98-554, sec. 213(a), 98 Stat 2829 (1984) (49 U.S.C. 521(b)(7)), 55 FR 11224 (March 27, 1990). Appendix A IV (e) Out-of-service order (failure to return written certification of correction) 750 1.14 100 850 49 U.S.C. sec. 521 (b)(2)(B), 49 CFR 396.9 (d)(3). Appendix A IV (g) Out-of-service order (failure to cease operations as ordered) 25,000 0.00 0 25,000 MAP-21, Pub. L. 112-141, sec. 32503, 126 Stat. 405, 803 (2012) (49 U.S.C. 521(b)(2)(F)). Appendix A IV (h) Out-of-service order (operating in violation of order.) 16,000 0.00 0 16,000 Pub. L. 98-554, sec. 213(a), 98 Stat, 2829, 2841-2843 (1984) (49 U.S.C. 521(b)(7)). Appendix A IV (i) Out-of-service order (conducting operations during suspension or revocation for failure to pay penalties) 11,000 1.30 5,000 16,000 TEA-21, Pub. L. 105-178, sec. 4015(b), 112 Stat. 411-12 (1998) (49 U.S.C. 521(b)(2)(A)), 521 (b)(7)), 65 FR 56521, 56530 (September 19, 2000). Appendix A IV (j) (conducting operations during suspension or revocation) 11,000 0.00 0 11,000 Pub. L. 98-554, sec. 213(a), 98 Stat, 2829, 2841-2843 (1984) (49 U.S.C. 521(b)(7)). Appendix B (a)(1)* Recordkeeping—maximum penalty per day 1,000 1.10 100 1,100 SAFETEA-LU, Pub. L. 109-59, sec. 4102 (a), 119 Stat. 1144, 1715 (2005) (49 U.S.C. 521(b)(2)(B)(i)). Appendix B (a)(1)* Recordkeeping—maximum total penalty 10,000 1.10 1,000 11,000 SAFETEA-LU, Pub. L. 109-59, sec. 4102 (a), 119 Stat. 1144, 1715 (2005) (49 U.S.C. 521(b)(2)(B)(i)). Appendix B (a)(2)* Knowing falsification of records 10,000 1.10 1,000 11,000 SAFETEA-LU, Pub. L. 109-59, sec. 4102 (a), 119 Stat. 1144, 1715 (2005) (49 U.S.C. 521(b)(2)(B)(ii)). Appendix B (a)(3) Non-recordkeeping violations 11,000 1.30 5,000 16,000 TEA-21, Pub. L. 105-178, sec. 4015(b), 112 Stat. 107, 411-12 (1998) (49 U.S.C. 521(b)(2)(A)). Appendix B (a)(4) Non-recordkeeping violations by drivers 2,750 1.30 1,000 3,750 TEA-21, Pub. L. 105-178, sec. 4015(b), 112 Stat. 107, 411-12 (1998) (49 U.S.C. 521(b)(2)(A)). Appendix B (a)(5)* Violation of 49 CFR 392.5 3,750 1.10 375 4,125 SAFETEA-LU, Pub. L. 109-59, 119 Stat. 1144, 1715; sec. 4102 (b), 119 Stat. 1715-16 (2005) (49 U.S.C. 31310 (i)(2)(A)). Appendix B (b) Commercial driver's license (CDL) violations 3,750 1.30 1,000 4,750 Pub. L. 99-570,
  • sec. 12012(b), 100 Stat. 3207-184-85 (1986) (49 U.S.C. 521(b)(2)(C)).
  • Appendix B (b)(1)*M Special penalties pertaining to violation of out-of-service orders (first conviction) 2,500 1.10 250 2,750 SAFETEA-LU, Pub. L. 109-59, sec. 4102(b), 119 Stat. 1144, 1715 (2005) (49 U.S.C. 31310 (i)(2)(A)). Appendix B (b)(1)*M Special penalties pertaining to violation of out-of-service orders (second or subsequent conviction) 5,000 1.10 500 5,500 SAFETEA-LU, Pub. L. 109-59, 119, sec. 4102 (b), Stat. 1144, 1715 (2005) (49 U.S.C. 31310 (i)(2)(A)). Appendix B (b)(2)M Employer violations pertaining to knowingly allowing, authorizing employee violations of out-of-service order (minimum penalty) 3,750 1.30 1,000 4,750 Pub. L. 99-570, sec. 12012(b), 100 Stat. 3207,184-85 (1986) (49 U.S.C. 521(b)(2)(C)). Appendix B (b)(2)*M Employer violations pertaining to knowingly allowing, authorizing employee violations of out-of-service order (maximum penalty) 25,000 1.10 2,500 27,500 SAFETEA-LU, Pub. L. 109-59, sec. 4102 (b), 119 Stat. 1144, 1715 (2005) (49 U.S.C. 31310 (i)(2)(C)). Appendix B (b)(3)M* Special penalties pertaining to railroad-highway grade crossing violations 10,000 1.10 1,000 11,000 ICC Termination Act of 1995, Pub. L. 104-88, sec. 403(a), 109 Stat. 956 (1995) (49 U.S.C. 31310(j)(2)(B)). Appendix B (d) Financial responsibility violations 16,000 1.30 5,000 21,000 Pub. L. 103-272, sec. 31139(f), 108 Stat. 745, 1006-1008 (1994) (49 U.S.C. 31139(g)(1)). Appendix B (e)(1) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (transportation or shipment of hazardous materials) 75,000 0.00 0 75,000 MAP-21 Pub. L. 112-141, sec. 33010, 126 Stat. 405, 837-838 (2012) (49 U.S.C. 5123(a)(1)). Appendix B (e)(2) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (training)—minimum penalty 450 0.00 0 450 MAP-21 Pub. L. 112-141, sec. 33010, 126 Stat. 405, 837 (2012) (49 U.S.C. 5123(a)(3)). Appendix B (e)(2) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (training)—maximum penalty 75,000 0.00 0 75,000 MAP-21 Pub. L. 112-141, sec. 33010 126 Stat. 405, 837 (2012) (49 U.S.C. 5123(a)(1)). Appendix B (e)(3) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (packaging or container) 75,000 0.00 0 75,000 MAP-21 Pub. L. 112-141, sec. 33010, 126 Stat. 405, 837, (2012) 49 U.S.C. 5123(a)(1)). Appendix B (e)(4) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (compliance with FMCSRs) 75,000 0.00 0 75,000 MAP-21 Pub. L. 112-141, sec. 33010, 126 Stat. 405, 837 (2012) (49 U.S.C. 5123(a)(1)). Appendix B (e)(5) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (death, serious illness, severe injury to persons; destruction of property) 175,000 0.00 0 175,000 MAP-21 Pub. L. 112-141, sec. 33010, 126 Stat. 405, 837 (2012) (49 U.S.C. 5123(a)(2)). Appendix B (f)(1) Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (generally) 25,000 0.00 0 25,000 MAP-21, Pub. L. 112-141, sec. 32503, 126 Stat. 405, 803 (2012) (49 U.S.C. 521(b)(2)(F)). Appendix B (f)(2) Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (hazardous materials)—maximum penalty 75,000 0.00 0 75,000 MAP-21, Pub. L. 112-141, sec. 33010, 126 Stat. 405, 837 (49 U.S.C. 5123(a)(1)). Appendix B (f)(2) Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (hazardous materials)—maximum penalty if death, serious illness, severe injury to persons; destruction of property 175,000 0.00 0 175,000 MAP-21, Pub. L. 112-141, sec. 33010, 126 Stat. 405, 837 (2012) (49 U.S.C. 5123(a)(2)). Appendix B (g)(1)M Violations of the commercial regulations (CR) (property carriers) 10,000 0.00 0 10,000 MAP-21, Pub. L. 112-141, sec. 32108(a), 126 Stat. 405, 782 (2012) (49 U.S.C. 14901(a)). Appendix B (g)(2) Violations of the CRs (brokers) 10,000 0.00 0 10,000 MAP-21 Pub. L. 112-141, sec. 32919(a), 126 Stat. 405, 827 (2012) (49 U.S.C. § 14916(c)). Appendix B (g)(3) Violations of the CRs (passenger carriers) 25,000 0.00 0 25,000 MAP-21, Pub. L. 112-141, sec. 32108(a), 126 Stat. 405, 782 (2012) (49 U.S.C. § 14901(a)). Appendix B (g)(4) Violations of the CRs (foreign motor carriers, foreign motor private carriers) 10,000 0.00 0 10,000 MAP-21, Pub. L. 112-141, sec. 32108(a), 126 Stat. 405, 782 (2012) (49 U.S.C. 14901(a)). Appendix B (g)(5) Violations of the CRs (foreign motor carriers, foreign motor private carriers before implementation of North American Free Trade Agreement land transportation provisions)—maximum penalty for intentional violation 11,000 1.30 5,000 16,000 MCSIA of 1999, Pub. L. 106-59, sec. 219(b), 113 Stat. 1748, 1768 (1999) (49 U.S.C. 14901 note). Appendix B (g)(5) Violations of the CRs (foreign motor carriers, foreign motor private carriers before implementation of North American Free Trade Agreement land transportation provisions)—maximum penalty for a pattern of intentional violations 32,500 1.14 5,000 37,500 MCSIA of 1999, Pub. L. 106-59, sec. 219(c), 113 Stat. 1748, 1768 (1999) (49 U.S.C. 14901 note). Appendix B (g)(6) Violations of the CRs (motor carrier or broker for transportation of hazardous wastes)—minimum penalty 20,000 0.00 0 20,000 MAP-21, Pub. L. 112-141, sec. 32108, 126 Stat. 405, 782 (2012) (49 U.S.C. 14901(b)). Appendix B (g)(6) Violations of the CRs (motor carrier or broker for transportation of hazardous wastes)—maximum penalty 40,000 0.00 0 40,000 MAP-21 Pub. L. 112-141, sec. 32108, 126 Stat. 405,782 (2012) (49 U.S.C. 14901(b)). Appendix B (g)(7) Violations of the CRs (HHG carrier or freight forwarder, or their receiver or trustee) 1,100 1.30 0 1,100 ICC Termination Act of 1995, Pub. L. 104-88, sec. 103, 100 Stat. 803, 914 (1995) (49 U.S.C. § 14901(d)(1)). Appendix B (g)(8) Violation of the CRs (weight of HHG shipment, charging for services)—minimum penalty for first violation 2,200 1.30 1,000 3,200 ICC Termination Act of 1995, Pub. L. 104-88, sec. 103, 100 Stat. 803, 914 (1995) (49 U.S.C. § 14901(e)). Appendix B (g)(8) Violation of the CRs (weight of HHG shipment, charging for services)—subsequent violations 6,500 1.14 1,000 7,500 ICC Termination Act of 1995, Pub. L. 104-88, sec. 103, 100 Stat. 803, 914 (1995) (49 U.S.C. 14901(e)). Appendix B (g)(10) Tariff violations 120,000 1.14 20,000 140,000 ICC Termination Act of 1995, Pub. L. 104-88, sec. 103, 100 Stat. 803, 868-869, 915 (1995) (49 U.S.C. 13702, 14903). Appendix B (g)(11) Additional tariff violations (rebates or concessions)—first violation 220 1.30 100 320 ICC Termination Act of 1995, Pub. L. 104-88, sec. 103, 100 Stat. 803, 915-916 (1995) (49 U.S.C. 14904(a)). Appendix B (g)(11) Additional tariff violations (rebates or concessions)—subsequent violations 275 1.30 100 375 ICC Termination Act of 1995, Pub. L. 104-88, sec. 103, 100 Stat. 803, 915-916 (1995) (49 U.S.C. 14904(a)). Appendix B (g)(12) Tariff violations (freight forwarders)—maximum penalty for first violation 650 1.14 100 750 ICC Termination Act of 1995, Pub. L. 104-88, sec. 103, 100 Stat. 803, 916 (49 U.S.C. 14904(b)(1)). Appendix B (g)(12) Tariff violations (freight forwarders)—maximum penalty for subsequent violations 2,200 1.30 1,000 3,200 ICC Termination Act of 1995, Pub. L. 104-88, sec. 103, 100 Stat. 803, 916 (1995) (49 U.S.C. § 14904(b)(1)). Appendix B (g)(13) service from freight forwarder at less than rate in effect—maximum penalty for first violation 650 1.14 100 750 ICC Termination Act of 1995, Pub. L. 104-88, sec. 103, 100 Stat. 803, 916 (1995) (49 U.S.C. 14904(b)(2)). Appendix B (g)(13) service from freight forwarder at less than rate in effect—maximum penalty for subsequent violation(s) 2,200 1.30 1,000 3,200 ICC Termination Act of 1995, Pub. L. 104-88, sec. 103, 100 Stat. 803, 916 (1995) (49 U.S.C. 14904(b)(2)). Appendix B (g)(14) Violations related to loading and unloading motor vehicles 11,000 1.30 5,000 16,000 ICC Termination Act of 1995, Pub. L. 104-88, sec. 103, 100 Stat. 803, 916 (1995) (49 U.S.C. 14905). Appendix B (g)(16) Reporting and recordkeeping under 49 U.S.C. subtitle IV, part B (except 13901 and 13902(c)—minimum penalty 1,000 0.00 0 1,000 MAP-21, Pub. L. 112-141, sec. 32108, 126 Stat. 405, 782 (2012) (49 U.S.C. 14901). Appendix B (g)(16) Reporting and recordkeeping under 49 U.S.C. subtitle IV, part B—maximum penalty 6,500 1.14 1,000 7,500 ICC Termination Act of 1995, Pub. L. 104-88, sec. 103, 100 Stat. 803, 916-917 (1995) (49 U.S.C. 14907). Appendix B (g)(17) Unauthorized disclosure of information 2,200 1.30 1,000 3,200 ICC Termination Act of 1995, Pub. L. 104-88, sec. 103, 100 Stat. 803, 917 (1995) (49 U.S.C. 14908). Appendix B (g)(18) Violation of 49 U.S.C. subtitle IV, part B, or condition of registration 650 1.14 100 750 ICC Termination Act of 1995, Pub. L. 104-88, sec. 103, 100 Stat. 803, 917 (1995) (49 U.S.C. 14910). Appendix B (g)(21)(i)*M: Knowingly and willfully fails to deliver or unload HHG at destination 10,000 1.10 1,000 11,000 ICC Termination Act of 1995, Pub. L. 104-88, sec. 103, 100 Stat. 803, 916 (1995) (49 U.S.C. 14905). Appendix B (g)(22)* HHG broker estimate before entering into an agreement with a motor carrier 10,000 1.09 900 10,900 SAFETEA-LU, Pub. L. 109-59, sec. 4209(2), 119 Stat. 1144, 1758, (2005) (49 U.S.C. 14901(d)(2)). Appendix B (g)(23)* HHG transportation or broker services—registration requirement 25,000 1.09 2,250 27,250 SAFETEA-LU, Pub. L. 109-59, sec. 4209(d)(3), 119 Stat. 1144, 1758 (2005) (49 U.S.C. 14901 (d)(3)). Appendix B (h)* Copying of records and access to equipment, lands, and buildings—maximum penalty per day 1,000 1.10 100 1,100 SAFETEA-LU, Pub. L. 109-59, sec. 4103(2), 119 Stat. 1144, 1716 (2005) (49 U.S.C. 521(b)(2)(E)). Appendix B (h)* Copying of records and access to equipment, lands, and buildings—maximum total penalty 10,000 1.10 1,000 11,000 SAFETEA-LU, Pub. L. 109-59, sec. 4103(2), 119 Stat. 1716 (2005) (49 U.S.C. 521(b)(2)(E)). Appendix B (i)(1)M Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302-31304, 31305(b), 31310(g)(1)(A), 31502—minimum penalty for first violation 2,000 0.00 0 2,000 MAP-21 Pub. L. 112-141, sec. 32505, 126 Stat. 405, 804 (2012) (49 U.S.C. 524). Appendix B (i)(1)M Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302-31304, 31305(b), 31310(g)(1)(A), 31502—maximum penalty for first violation 5,000 0.00 0 5,000 MAP-21 Pub. L. 112-141, § sec. 32505, 126 Stat. 405, 804 (2012) (49 U.S.C. 524). Appendix B (i)(1)M Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302-31304, 31305(b), 31310(g)(1)(A), 31502—minimum penalty for subsequent violation(s) 2,500 0.00 0 2,500 MAP-21 Pub. L. 112-141, sec. 32505, 126 Stat. 405, 804 (2012) (49 U.S.C. 524).
  • MAP-21 Pub. L. 112-141, § 32505, 126 Stat. 405, 804 (2012) (49 U.S.C. 524).
  • Appendix B (i)(1)M Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302-31304, 31305(b), 31310(g)(1)(A), 31502—maximum penalty for subsequent violation(s) 7,500 0.00 0 7,500 MAP-21 Pub. L. 112-141, sec. 32505, 126 Stat. 405, 804 (2012) (49 U.S.C. 524). Appendix B (i)(2)M Evasion of regulations under 49 U.S.C. subtitle IV, part B—minimum penalty for first violation 2,000 0.00 0 2,000 MAP-21 Pub. L. 112-141, sec. 32505, 126 Stat. 405, 804 (2012) (49 U.S.C. 14906). Appendix B (i)(2)M Evasion of regulations under 49 U.S.C. subtitle IV, part B—minimum penalty for subsequent violation(s) 5,000 0.00 0 5,000 MAP-21 Pub. L. 112-141, sec. 32505, 126 Stat. 405, 804 (2012) (49 U.S.C. 14906).

    The provisions that are being updated for the first time here are marked with an asterisk. Their adjustment is capped at 10%. There are two penalties from 2010 that will be updated for the first time in this rule and will have an inflation rate of 1.09 (238/218). Penalties that were established recently will not be adjusted and are marked with an n/a for not applicable. Penalties marked with an “M” were moved from other locations in Appendix B or other regulatory provisions, as noted in this section. Of these moved provisions, two contain no penalty amounts because they were reserved for future use. Penalties that were last adjusted in 2003 have an inflation rate of 1.30, and those that were adjusted for inflation in 2007 have an inflation rate of 1.14.

    In Appendix B subsection (c), Special penalties pertaining to violations of out-of-service orders by CDL holders, was reserved, and its former provisions were placed into two subsections Appendix B (b)(1) and (2) in the same order they appeared in subsection (c). The first provision relates to a CDL holder, while the second relates to an employer of a CDL holder. This change clarifies Appendix B by placing all penalties related to commercial driver license programs into one section for ease of use. To implement this change, the reserved subsection (c) title, “Special penalties pertaining to violations of out-of-service orders by CDL holders,” was deleted. Second, the phrase “except: (1)” Was inserted before the new provision beginning with the phrase “A CDL holder.” Third, the word “and” was added between new subsections (b)(1) and (b)(2) to properly mark them as separate provisions.

    Appendix B subsection (g)(1) is deleted and moved to current subsection (g)(16) in order that both the minimum and maximum penalties appear in one consolidated provision.

    Former Appendix B subsection (g)(2) is now divided into two separate subsections, the first regarding motor carriers and the second addressing brokers. Specifically, former subsection (g)(2) is renamed subsection (g)(1) and the term “broker” is deleted and the term “motor” added before the term “carrier” to clarify its application to motor carriers only. In addition, a new subsection (g)(2) is amended based on a statutory provision in MAP-21, sec. 32919(a), 49 U.S.C. 14916, which contains penalties associated with knowingly violating registration (49 U.S.C. 13904) and financial security requirements (49 U.S.C. 13906) for brokers.

    Subsection (g)(15), regarding evasion of commercial regulations was reserved. And its provisions were moved to section (i) in a new paragraph (2). Existing paragraph (1) regarding evasion of safety regulations remains in place.

    Part 387

    The penalty amounts contained in Sections 387.17 and 387.41 are removed and now referenced in Appendix B (d) only. This also corrects a discrepancy between the Appendix B penalty amount, that had been properly inflated, and the amount in the regulatory text, which had not been properly inflated. In addition, the phrase “ability to pay and any” was added before the phrase “effect on ability” in both sections 387.17 and 387.41 to capture the precise statutory language in 49 U.S.C. 31138 (c)(4) and 49 U.S.C. 31139 (c) regarding factors FMCSA must consider before assessing penalties.

    V. Rulemaking Analyses and Notices Regulatory Planning and Review (Executive Order (E.O.) 12866) and DOT Regulatory Policies and Procedures

    The FMCSA has determined that this action is not a significant regulatory action within the meaning of Executive Order 12866, as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011) or within the meaning of Department of Transportation Regulatory Policies and Procedures. The Office of Management and Budget (OMB) did not review this document. The changes imposed by this final rule upon the civil penalty amounts alter only the magnitude of transfer payments, which by definition are not considered in the monetization of societal costs and benefits of rulemakings. Congress has stated in the Adjustment Act, section 2, that increasing penalties over time will deter violations. Therefore, FMCSA infers that there may be some safety benefits that occur due to this final rule. The deterrence effect of increasing penalties that Congress has recognized, however, cannot be quantified into safety benefits. The Agency expects the final rule, which is statutorily mandated to preserve the remedial effect of civil penalties, will have minimal costs. Therefore, a full regulatory evaluation is unnecessary.

    Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, FMCSA wants to assist small entities in understanding this final rule so that they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the final rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult the FMCSA point of contact, Ms. Nikki McDavid, listed in the FOR FURTHER INFORMATION CONTACT section of this final rule.

    Small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the Small Business Administration's Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights.

    Unfunded Mandates Reform Act of 1995

    The final rule will not impose an unfunded Federal mandate, as defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et seq.), that will result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $151 million (which is the value equivalent of $100,000,000 in 1995, adjusted for inflation to 2012 levels) or more in any 1 year.

    Federalism (E.O. 13132)

    A rule has implications for Federalism under Section 1(a) of Executive Order 13132 if it has “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” FMCSA has determined that this rule would not have substantial direct costs on or for States, nor would it limit the policymaking discretion of States. Nothing in this document preempts any State law or regulation. Therefore, this rule does not have sufficient federalism implications to warrant the preparation of a federalism assessment.

    Civil Justice Reform (E.O. 12988)

    This final rule meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminates ambiguity, and reduce burden.

    Protection of Children (E.O. 13045)

    E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies issuing “economically significant” rules, if the regulation also concerns an environmental health or safety risk that an agency has reason to believe may disproportionately affect children, to include an evaluation of the regulation's environmental health and safety effects on children. The Agency determined that this final rule is not economically significant. Therefore, no analysis of the impacts on children is required. In any event, the Agency does not anticipate that this regulatory action could in any respect present an environmental or safety risk that could disproportionately affect children.

    Taking of Private Property (E.O. 12630)

    FMCSA reviewed this final rule in accordance with E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and has determined it will not effect a taking of private property or otherwise have taking implications.

    Privacy Impact Assessment

    Section 522 of title I of division H of the Consolidated Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447, 118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to conduct a privacy impact assessment (PIA) of a regulation that will affect the privacy of individuals. This rule does not require the collection of personally identifiable information (PII).

    Intergovernmental Review (E.O. 12372)

    The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this program.

    Paperwork Reduction Act

    This action does not contain information collection requirements for purposes of the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.).

    National Environmental Policy Act and Clean Air Act

    FMCSA analyzed this rule for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and determined this action is categorically excluded from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1(69 FR 9680, March 1, 2004), Appendix 2, paragraph (6)(b). The Categorical Exclusion (CE) in paragraph 6(b) covers technical or minor amendments to existing FMCSRs. The content in this rule is covered by this CE. The CE determination is available for inspection or copying in the Regulations.gov Web site listed under ADDRESSES.

    FMCSA also analyzed this rule under the Clean Air Act, as amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing regulations promulgated by the Environmental Protection Agency. Approval of this action is exempt from the CAA's general conformity requirement since it does not affect direct or indirect emissions of criteria pollutants.

    Environmental Justice (E.O. 12898)

    Under E.O. 12898, each Federal agency must identify and address, as appropriate, “disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations” in the United States, its possessions, and territories. FMCSA evaluated the environmental justice effects of this rule in accordance with the E.O., and has determined that no environmental justice issue is associated with this rule, nor is there any collective environmental impact that would result from its promulgation.

    Energy Supply, Distribution, or Use (E.O. 13211)

    FMCSA has analyzed this rule under E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. The Agency has determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, it does not require a Statement of Energy Effects under E.O. 13211.

    Indian Tribal Governments (E.O. 13175)

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

    National Technology Transfer and Advancement Act (Technical Standards)

    The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) are standards that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

    List of Subjects 49 CFR Part 383

    Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety, Motor carriers.

    49 CFR Part 385

    Administrative practice and procedure, Highway safety, Mexico, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements.

    49 CFR Part 386

    Administrative procedures, Commercial motor vehicle safety, Highways and roads, Motor carriers, Penalties.

    49 CFR Part 387

    Buses, Freight, Freight forwarders, Hazardous materials transportation, Highway safety, Insurance, Intergovernmental relations, Motor carriers, Motor vehicle safety, Moving of household goods, Penalties, Reporting and recordkeeping requirements, Surety bonds.

    For the reasons stated in the preamble, FMCSA is amending title 49 CFR parts 383, 385, 386, and 387 to read as follows:

    PART 383—COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES 1. The authority citation for part 383 continues to read as follows: Authority:

    49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of Pub. L. 109-59, 119 Stat. 1144, 1746; and 49 CFR 1.87.

    2. Revise § 383.53 to read as follows:
    § 383.53 Penalties.

    (a) General rule. Any person who violates the rules set forth in subparts B and C of this part may be subject to civil or criminal penalties under 49 U.S.C. 521(b), as provided in part 386, Appendix B, of this chapter.

    (b) Special penalties pertaining to violation of out-of-service orders—(1) Driver violations. A driver who is convicted of violating an out-of-service order shall be subject to a civil penalty as stated in part 386 Appendix B, in addition to disqualification under § 383.51(e).

    (2) Employer violations. An employer who is convicted of a violation of § 383.37(d) shall be subject to a civil penalty as stated in part 386, appendix B, of this chapter.

    (c) Special penalties pertaining to railroad-highway grade crossing violations. An employer who is convicted of a violation of § 383.37(e) shall be subject to a civil penalty stated in part 386, appendix B, of this chapter.

    PART 385—SAFETY FITNESS PROCEDURES 3. The authority citation for part 385 is revised to read as follows: Authority:

    49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 5123, 13901-13905, 31133, 31135, 31136, 31137(a), 31144, 31148, and 31502; Sec. 113(a), Pub. L. 103-311; Sec. 408, Pub. L. 104-88; Sec. 350 of Pub. L. 107-87; and 49 CFR 1.87.

    4. Amend § 385.111 by revising paragraph (h) to read as follows:
    § 385.111 Suspension and revocation of Mexico-domiciled carrier registration.

    (h) If a Mexico-domiciled motor carrier operates a commercial motor vehicle in violation of a suspension or out-of-service order, it shall be subject to the penalty provisions in 49 U.S.C. 521(b) and the amount as stated in part 386, appendix B, of this chapter.

    PART 386—RULES OF PRACTICE FOR MOTOR CARRIER, INTERMODAL EQUIPMENT PROVIDER, BROKER, FREIGHT FORWARDER, AND HAZARDOUS MATERIALS PROCEEDINGS 5. The authority citation for part 386 is revised to read as follows: Authority:

    49 U.S.C. 113, chapters 5, 51, 59, 131-141, 145-149, 311, 313, and 315; 49 U.S.C. 5123; Sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C. 701 note); Sec. 217, Pub. L. 105-159, 113 Stat. 1748, 1767; Sec. 206, Pub. L. 106-159, 113 Stat. 1763; subtitle B, title IV of Pub. L. 109-59; and 49 CFR 1.81 and 1.87.

    6. Revise Appendix A to part 386 to read as follows: Appendix A to Part 386—Penalty Schedule: Violations of Notices and Orders

    The Debt Collection Improvement Act of 1996 [Pub. L. 104-134, title III, chapter 10, sec. 31001, par. (s), 110 Stat. 1321-1373] amended the Federal Civil Penalties Inflation Adjustment Act of 1990 to require agencies to adjust for inflation “each civil monetary penalty provided by law within the jurisdiction of the Federal agency . . .” and to publish that regulation in the Federal Register. Pursuant to that authority, the inflation adjusted civil penalties identified in this appendix supersede the corresponding civil penalty amounts identified in title 49, United States Code.

    I. Notice to Abate

    Violation—Failure to cease violations of the regulations in the time prescribed in the notice. (The time within which to comply with a notice to abate shall not begin to run with respect to contested violations, i.e., where there are material issues in dispute under § 386.14, until such time as the violation has been established.)

    Penalty—Reinstatement of any deferred assessment or payment of a penalty or portion thereof.

    II. Subpoena

    Violation—Failure to respond to Agency subpoena to appear and testify or produce records.

    Penalty—minimum of $1,000 but not more than $10,000 per violation.

    III. Final Order

    Violation—Failure to comply with Final Agency Order.

    Penalty—Automatic reinstatement of any penalty previously reduced or held in abeyance and restoration of the full amount assessed in the Notice of Claim less any payments previously made.

    IV. Out-of-Service Order

    a. Violation—Operation of a commercial vehicle by a driver during the period the driver was placed out of service.

    Penalty—Up to $3,100 per violation.

    (For purposes of this violation, the term “driver” means an operator of a commercial motor vehicle, including an independent contractor who, while in the course of operating a commercial motor vehicle, is employed or used by another person.)

    b. Violation—Requiring or permitting a driver to operate a commercial vehicle during the period the driver was placed out of service.

    Penalty—Up to $21,000 per violation. (This violation applies to motor carriers including an independent contractor who is not a “driver,” as defined under paragraph IV(a) of this appendix.)

    c. Violation—Operation of a commercial motor vehicle or intermodal equipment by a driver after the vehicle or intermodal equipment was placed out-of-service and before the required repairs are made.

    Penalty—$3,100 each time the vehicle or intermodal equipment is so operated. (This violation applies to drivers as defined in paragraph IV(a) of this appendix.)

    d. Violation—Requiring or permitting the operation of a commercial motor vehicle or intermodal equipment placed out-of-service before the required repairs are made.

    Penalty—Up to $21,000 each time the vehicle or intermodal equipment is so operated after notice of the defect is received. (This violation applies to intermodal equipment providers and motor carriers, including an independent owner operator who is not a “driver,” as defined in paragraph IV(a) of this appendix.)

    e. Violation—Failure to return written certification of correction as required by the out-of-service order.

    Penalty—Up to $850 per violation.

    f. Violation—Knowingly falsifies written certification of correction required by the out of service order.

    Penalty—Considered the same as the violations described in paragraphs IV(c) and IV(d) of this appendix, and subject to the same penalties.

    Note:

    Falsification of certification may also result in criminal prosecution under 18 U.S.C.1001.

    g. Violation—Operating in violation of an order issued under § 386.72(b) to cease all or part of the employer's commercial motor vehicle operations or to cease part of an intermodal equipment provider's operations, i.e. failure to cease operations as ordered.

    Penalty—Up to $25,000 per day the operation continues after the effective date and time of the order to cease.

    h. Violation—Operating in violation of an order issued under § 386.73.

    Penalty—Up to $16,000 per day the operation continues after the effective date and time of the out-of-service order.

    i. Violation—Conducting operations during a period of suspension under § 386.83 or § 386.84 for failure to pay penalties.

    Penalty—Up to $16,000 for each day that operations are conducted during the suspension or revocation period.

    j. Violation—Conducting operations during a period of suspension or revocation under §§ 385.911, 385.913, 385.1009 or 385.1011.

    Penalty—Up to $11,000 for each day that operations are conducted during the suspension or revocation period.

    7. Revise Appendix B to part 386 to read as follows: Appendix B to Part 386—Penalty Schedule: Violations and Monetary Penalties

    The Debt Collection Improvement Act of 1996 [Pub. L. 104-134, title III, chapter 10, sec. 31001, par. (s), 110 Stat. 1321-1373] amended the Federal Civil Penalties Inflation Adjustment Act of 1990 to require agencies to adjust for inflation “each civil monetary penalty provided by law within the jurisdiction of the Federal agency . . .” and to publish that regulation in the Federal Register. Pursuant to that authority, the inflation-adjusted civil penalties listed in this appendix supersede the corresponding civil penalty amounts listed in title 49, United States Code.

    What are the types of violations and maximum monetary penalties?

    (a) Violations of the Federal Motor Carrier Safety Regulations (FMCSRs):

    (1) Recordkeeping. A person or entity that fails to prepare or maintain a record required by parts 40, 382, 385, and 390-99 of this subchapter, or prepares or maintains a required record that is incomplete, inaccurate, or false, is subject to a maximum civil penalty of $1,100 for each day the violation continues, up to $11,000.

    (2) Knowing falsification of records. A person or entity that knowingly falsifies, destroys, mutilates, or changes a report or record required by parts 382, 385, and 390-99 of this subchapter, knowingly makes or causes to be made a false or incomplete record about an operation or business fact or transaction, or knowingly makes, prepares, or preserves a record in violation of a regulation order of the Secretary is subject to a maximum civil penalty of $11,000 if such action misrepresents a fact that constitutes a violation other than a reporting or recordkeeping violation.

    (3) Non-recordkeeping violations. A person or entity that violates parts 382, 385, or 390-99 of this subchapter, except a recordkeeping requirement, is subject to a civil penalty not to exceed $16,000 for each violation.

    (4) Non-recordkeeping violations by drivers. A driver who violates parts 382, 385, and 390-99 of this subchapter, except a recordkeeping violation, is subject to a civil penalty not to exceed $3,750.

    (5) Violation of 49 CFR 392.5. A driver placed out of service for 24 hours for violating the alcohol prohibitions of 49 CFR 392.5(a) or (b) who drives during that period is subject to a civil penalty not to exceed $4,125 for each violation.

    (6) Egregious violations of driving-time limits in 49 CFR part 395. A driver who exceeds, and a motor carrier that requires or permits a driver to exceed, by more than 3 hours the driving-time limit in 49 CFR 395.3(a) or 395.5(a), as applicable, shall be deemed to have committed an egregious driving-time limit violation. In instances of an egregious driving-time violation, the Agency will consider the “gravity of the violation,” for purposes of 49 U.S.C. 521(b)(2)(D), sufficient to warrant imposition of penalties up to the maximum permitted by law.

    (b) Commercial driver's license (CDL) violations. Any person who violates 49 CFR part 383, subparts B, C, E, F, G, or H is subject to a civil penalty not to exceed $4,750; except:

    (1) A CDL-holder who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than $2,750 for a first conviction and not less than $5,500 for a second or subsequent conviction;

    (2) An employer of a CDL-holder who knowingly allows, requires, permits, or authorizes an employee to operate a CMV during any period in which the CDL-holder is subject to an out-of-service order, is subject to a civil penalty of not less than $4,750 or more than $27,500; and

    (3) An employer of a CDL-holder who knowingly allows, requires, permits, or authorizes that CDL-holder to operate a CMV in violation of a Federal, State, or local law or regulation pertaining to railroad-highway grade crossings is subject to a civil penalty of not more than $11,000.

    (c) [Reserved]

    (d) Financial responsibility violations. A motor carrier that fails to maintain the levels of financial responsibility prescribed by part 387 of this subchapter or any person (except an employee who acts without knowledge) who knowingly violates the rules of part 387 subparts A and B is subject to a maximum penalty of $21,000. Each day of a continuing violation constitutes a separate offense.

    (e) Violations of the Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations found in Subpart E of Part 385. This paragraph applies to violations by motor carriers, drivers, shippers and other person who transport hazardous materials on the highway in commercial motor vehicles or cause hazardous materials to be so transported.

    (1) All knowing violations of 49 U.S.C. chapter 51 or orders or regulations issued under the authority of that chapter applicable to the transportation or shipment of hazardous materials by commercial motor vehicle on the highways are subject to a civil penalty of not more than $75,000 for each violation. Each day of continuing violation constitutes a separate offense.

    (2) All knowing violations of 49 U.S.C. chapter 51 or orders or regulations issued under the authority of that chapter applicable to training related to the transportation or shipment of hazardous materials by commercial motor vehicle on highways are subject to a civil penalty of not less than $450 and not more than $75,000 for each violation.

    (3) All knowing violations of 49 U.S.C. chapter 51 or orders, regulations or exemptions under the authority of that chapter applicable to the manufacture, fabrication, marking, maintenance, reconditioning, repair, or testing of a packaging or container that is represented, marked, certified, or sold as being qualified for use in the transportation or shipment of hazardous materials by commercial motor vehicle on highways are subject to a civil penalty of not more than $75,000 for each violation.

    (4) Whenever regulations issued under the authority of 49 U.S.C. chapter 51 require compliance with the FMCSRs while transporting hazardous materials, any violations of the FMCSRs will be considered a violation of the HMRs and subject to a civil penalty of not more than $75,000.

    (5) If any violation subject to the civil penalties set out in paragraphs (e)(1) through (4) of this appendix results in death, serious illness, or severe injury to any person or in substantial destruction of property, the civil penalty may be increased to not more than $175,000 for each offense.

    (f) Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating. (1) A motor carrier operating a commercial motor vehicle in interstate commerce (except owners or operators of commercial motor vehicles designed or used to transport hazardous materials for which placarding of a motor vehicle is required under regulations prescribed under 49 U.S.C. chapter 51) is subject, after being placed out of service because of receiving a final “unsatisfactory” safety rating, to a civil penalty of not more than $25,000 (49 CFR 385.13). Each day the transportation continues in violation of a final “unsatisfactory” safety rating constitutes a separate offense.

    (2) A motor carrier operating a commercial motor vehicle designed or used to transport hazardous materials for which placarding of a motor vehicle is required under regulations prescribed under 49 U.S.C. chapter 51 is subject, after being placed out of service because of receiving a final “unsatisfactory” safety rating, to a civil penalty of not more than $75,000 for each offense. If the violation results in death, serious illness, or severe injury to any person or in substantial destruction of property, the civil penalty may be increased to not more than $175,000 for each offense. Each day the transportation continues in violation of a final “unsatisfactory” safety rating constitutes a separate offense.

    (g) Violations of the commercial regulations (CRs). Penalties for violations of the CRs are specified in 49 U.S.C. Chapter 149. These penalties relate to transportation subject to the Secretary's jurisdiction under 49 U.S.C. Chapter 135. Unless otherwise noted, a separate violation occurs for each day the violation continues.

    (1) A person who operates as a motor carrier for the transportation of property in violation of the registration requirements of 49 U.S.C. 13901 is liable for a minimum penalty of $10,000 per violation.

    (2) A person who knowingly operates as a broker in violation of registration requirements of 49 U.S.C. 13904 or financial security requirements of 49 U.S.C. 13906 is liable for a penalty not to exceed $10,000 for each violation.

    (3) A person who operates as a motor carrier of passengers in violation of the registration requirements of 49 U.S.C. 13901 is liable for a minimum penalty of $25,000 per violation.

    (4) A person who operates as a foreign motor carrier or foreign motor private carrier of property in violation of the provisions of 49 U.S.C. 13902(c) is liable for a minimum penalty of $10,000 per violation.

    (5) A person who operates as a foreign motor carrier or foreign motor private carrier without authority, before the implementation of the land transportation provisions of the North American Free Trade Agreement, outside the boundaries of a commercial zone along the United States-Mexico border is liable for a maximum penalty of $16,000 for an intentional violation and a maximum penalty of $37,500 for a pattern of intentional violations.

    (6) A person who operates as a motor carrier or broker for the transportation of hazardous wastes in violation of the registration provisions of 49 U.S.C. 13901 is liable for a minimum penalty of $20,000 and a maximum penalty of $40,000 per violation.

    (7) A motor carrier or freight forwarder of household goods, or their receiver or trustee, that does not comply with any regulation relating to the protection of individual shippers, is liable for a minimum penalty of $1,100 per violation.

    (8) A person—

    (i) Who falsifies, or authorizes an agent or other person to falsify, documents used in the transportation of household goods by motor carrier or freight forwarder to evidence the weight of a shipment or

    (ii) Who charges for services which are not performed or are not reasonably necessary in the safe and adequate movement of the shipment is liable for a minimum penalty of $3,200 for the first violation and $7,500 for each subsequent violation.

    (9) A person who knowingly accepts or receives from a carrier a rebate or offset against the rate specified in a tariff required under 49 U.S.C. 13702 for the transportation of property delivered to the carrier commits a violation for which the penalty is equal to three times the amount accepted as a rebate or offset and three times the value of other consideration accepted or received as a rebate or offset for the six-year period before the action is begun.

    (10) A person who offers, gives, solicits, or receives transportation of property by a carrier at a different rate than the rate in effect under 49 U.S.C. 13702 is liable for a maximum penalty of $140,000 per violation. When acting in the scope of his/her employment, the acts or omissions of a person acting for or employed by a carrier or shipper are considered to be the acts and omissions of that carrier or shipper, as well as that person.

    (11) Any person who offers, gives, solicits, or receives a rebate or concession related to motor carrier transportation subject to jurisdiction under subchapter I of 49 U.S.C. Chapter 135, or who assists or permits another person to get that transportation at less than the rate in effect under 49 U.S.C. 13702, commits a violation for which the penalty is $320 for the first violation and $375 for each subsequent violation.

    (12) A freight forwarder, its officer, agent, or employee, that assists or willingly permits a person to get service under 49 U.S.C. 13531 at less than the rate in effect under 49 U.S.C. 13702 commits a violation for which the penalty is up to $750 for the first violation and up to $3,200 for each subsequent violation.

    (13) A person who gets or attempts to get service from a freight forwarder under 49 U.S.C. 13531 at less than the rate in effect under 49 U.S.C. 13702 commits a violation for which the penalty is up to $750 for the first violation and up to $3,200 for each subsequent violation.

    (14) A person who knowingly authorizes, consents to, or permits a violation of 49 U.S.C. 14103 relating to loading and unloading motor vehicles or who knowingly violates subsection (a) of 49 U.S.C. 14103 is liable for a penalty of not more than $16,000 per violation.

    (15) [Reserved]

    (16) A person required to make a report to the Secretary, answer a question, or make, prepare, or preserve a record under Part B of Subtitle IV, Title 49, U.S.C., or an officer, agent, or employee of that person, is liable for a minimum penalty of $1,000 and for a maximum penalty of $7,500 per violation if it does not make the report, does not completely and truthfully answer the question within 30 days from the date the Secretary requires the answer, does not make or preserve the record in the form and manner prescribed, falsifies, destroys, or changes the report or record, files a false report or record, makes a false or incomplete entry in the record about a business related fact, or prepares or preserves a record in violation of a regulation or order of the Secretary.

    (17) A motor carrier, water carrier, freight forwarder, or broker, or their officer, receiver, trustee, lessee, employee, or other person authorized to receive information from them, who discloses information identified in 49 U.S.C. 14908 without the permission of the shipper or consignee is liable for a maximum penalty of $3,200.

    (18) A person who violates a provision of Part B, Subtitle IV, Title 49, U.S.C., or a regulation or order under Part B, or who violates a condition of registration related to transportation that is subject to jurisdiction under subchapter I or III or Chapter 135, or who violates a condition of registration of a foreign motor carrier or foreign motor private carrier under section 13902, is liable for a penalty of $750 for each violation if another penalty is not provided in 49 U.S.C. Chapter 149.

    (19) A violation of Part B, Subtitle IV, Title 49, U.S.C., committed by a director, officer, receiver, trustee, lessee, agent, or employee of a carrier that is a corporation is also a violation by the corporation to which the penalties of Chapter 149 apply. Acts and omissions of individuals acting in the scope of their employment with a carrier are considered to be the actions and omissions of the carrier as well as the individual.

    (20) In a proceeding begun under 49 U.S.C. 14902 or 14903, the rate that a carrier publishes, files, or participates in under section 13702 is conclusive proof against the carrier, its officers, and agents that it is the legal rate for the transportation or service. Departing, or offering to depart, from that published or filed rate is a violation of 49 U.S.C. 14902 and 14903.

    (21) A person—

    (i) Who knowingly and willfully fails, in violation of a contract, to deliver to, or unload at, the destination of a shipment of household goods in interstate commerce for which charges have been estimated by the motor carrier transporting such goods, and for which the shipper has tendered a payment in accordance with part 375, subpart G of this chapter, is liable for a civil penalty of not less than $11,000 for each violation. Each day of a continuing violation constitutes a separate offense.

    (ii) Who is a carrier or broker and is found to be subject to the civil penalties in paragraph (i) of this appendix may also have his or her carrier and/or broker registration suspended for not less than 12 months and not more than 36 months under 49 U.S.C. chapter 139. Such suspension of a carrier or broker shall extend to and include any carrier or broker having the same ownership or operational control as the suspended carrier or broker.

    (22) A broker for transportation of household goods who makes an estimate of the cost of transporting any such goods before entering into an agreement with a motor carrier to provide transportation of household goods subject to FMCSA jurisdiction is liable to the United States for a civil penalty of not less than $10,900 for each violation.

    (23) A person who provides transportation of household goods subject to jurisdiction under 49 U.S.C. chapter 135, subchapter I, or provides broker services for such transportation, without being registered under 49 U.S.C. chapter 139 to provide such transportation or services as a motor carrier or broker, as the case may be, is liable to the United States for a civil penalty of not less than $27,250 for each violation.

    (h) Copying of records and access to equipment, lands, and buildings. A person subject to 49 U.S.C. chapter 51 or a motor carrier, broker, freight forwarder, or owner or operator of a commercial motor vehicle subject to part B of subtitle VI of title 49 U.S.C. who fails to allow promptly, upon demand in person or in writing, the Federal Motor Carrier Safety Administration, an employee designated by the Federal Motor Carrier Safety Administration, or an employee of a MCSAP grant recipient to inspect and copy any record or inspect and examine equipment, lands, buildings, and other property, in accordance with 49 U.S.C. 504(c), 5121(c), and 14122(b), is subject to a civil penalty of not more than $1,100 for each offense. Each day of a continuing violation constitutes a separate offense, except that the total of all civil penalties against any violator for all offenses related to a single violation shall not exceed $11,000.

    (i) Evasion. A person, or an officer, employee, or agent of that person:

    (1) Who by any means tries to evade regulation of motor carriers under Title 49, United States Code chapter 5, chapter 51, subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502, or a regulation issued under any of those provisions, shall be fined at least $2,000 but not more than $5,000 for the first violation and at least $2,500 but not more than $7,500 for a subsequent violation.

    (2) Who tries to evade regulation under Part B of Subtitle IV, Title 49, U.S.C., for carriers or brokers is liable for a penalty of at least $2,000 for the first violation of at least $5,000 for a subsequent violation.

    PART 387—MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS 8. The authority citation for part 387 continues to read as follows: Authority:

    49 U.S.C. 13101, 13301, 13906, 14701, 31138, 31139, and 31144; and 49 CFR 1.87.

    9. Revise § 387.17 to read as follows:
    § 387.17 Violation and penalty.

    Any person (except an employee who acts without knowledge) who knowingly violates the rules of this subpart shall be liable to the United States for a civil penalty as stated in part 386, appendix B, of this chapter, and if any such violation is a continuing one, each day of violation will constitute a separate offense. The amount of any such penalty shall be assessed by FMCSA's Administrator, by written notice. In determining the amount of such penalty, the Administrator, or his/her authorized delegate shall take into account the nature, circumstances, extent, the gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior violations, ability to pay, and any effect on ability to continue to do business, and such other matters as justice may require.

    10. Revise § 387.41 to read as follows:
    § 387.41 Violation and penalty.

    (a) Any person (except an employee who acts without knowledge) who knowingly violates the rules of this subpart shall be liable to the United States for a civil penalty as stated in part 386, appendix B, of this chapter, and if any such violation is a continuing one, each day of violation will constitute a separate offense. The amount of any such penalty shall be assessed by the Administrator or his/her designee, by written notice.

    (b) In determining the amount of such penalty, the Administrator or his/her designee shall take into account the nature, circumstances, extent, the gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior violations, the ability to pay, and any effect on ability to continue to do business, and such other matters as justice may require.

    Issued under the authority of delegation in 49 CFR 1.87 on March 26, 2015. T.F. Scott Darling, III, Chief Counsel.
    [FR Doc. 2015-07701 Filed 4-2-15; 8:45 am] BILLING CODE 4910-EX-P
    80 64 Friday, April 3, 2015 Proposed Rules OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 843 RIN 3206-AN16 Federal Employees' Retirement System; Present Value Conversion Factors for Spouses of Deceased Separated Employees AGENCY:

    Office of Personnel Management.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Office of Personnel Management (OPM) is issuing a proposed rule to revise the table of reduction factors for early commencing dates of survivor annuities for spouses of separated employees who die before the date on which they would be eligible for unreduced deferred annuities. This rule is necessary to ensure that the tables conform to demographic assumptions adopted by the Board of Actuaries and published in the Federal Register on March 20, 2015, as required by 5 U.S.C. 8461(i).

    DATES:

    We must receive your comments by June 2, 2015.

    ADDRESSES:

    You may submit comments, identified by docket number and/or RIN number RIN 3206-AN16 by any of the following methods:

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

    Email: [email protected]. Include RIN number 3206-AN16 in the subject line of the message.

    Mail: Jim Giuseppe, Retirement Policy, Retirement Services, Office of Personnel Management, 1900 E. Street NW., Washington, DC 20415-3200.

    FOR FURTHER INFORMATION CONTACT:

    Roxann Johnson, (202) 606-0299.

    SUPPLEMENTARY INFORMATION:

    On March 20, 2015, OPM published a notice in the Federal Register to revise the normal cost percentages under the Federal Employees' Retirement System (FERS) Act of 1986, Public Law 99-335, 100 Stat. 514, as amended, based on demographic factors adopted by the Board of Actuaries of the Civil Service Retirement System. 80 FR 15,036 (March 20, 2015). By statute under 5 U.S.C. 8461(i), the demographic factors require corresponding changes in factors used to produce actuarially equivalent benefits when required by the FERS Act.

    Section 843.311 of title 5, Code of Federal Regulations, regulates the benefits for the survivors of separated employees under 5 U.S.C. 8442(c). This section provides a choice of benefits for eligible current and former spouses. If the current or former spouse is the person entitled to the unexpended balance under the order of precedence at 5 U.S.C. 8424, he or she may elect to receive the unexpended balance instead of an annuity.

    Alternatively, an eligible current or former spouse may elect to receive an annuity commencing on the day after the employee's death or on the deceased separated employee's 62nd birthday. If the annuity commences on the deceased separated employee's 62nd birthday, the annuity will equal 50 percent of the annuity that the separated employee would have received had he or she attained age 62. If the current or former spouse elects the earlier commencing date, the annuity is reduced using the factors in Appendix A to subpart C of part 843 to make the annuity actuarially equivalent to the present value of the annuity that the spouse or former spouse would have received if the annuity had commenced on the retiree's 62nd birthday. These rules amend that appendix to conform to the revised demographic assumptions.

    Executive Order 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order (E.O.) 12866, as amended by E.O. 13258 and E.O. 13422.

    Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic impact on a substantial number of small entities because the regulation will only affect retirement payments to surviving current and former spouses of former employees and Members who separated from Federal service with title to a deferred annuity.

    List of Subjects in 5 CFR Part 843

    Air traffic controllers, Disability benefits, Firefighters, Government employees, Law enforcement officers, Pensions, Retirement.

    U.S. Office of Personnel Management. Katherine Archuleta, Director.

    For the reasons stated in the preamble, the Office of Personnel Management proposes to amend 5 CFR part 843 as follows:

    PART 843—FEDERAL EMPLOYEES RETIREMENT SYSTEM—DEATH BENEFITS AND EMPLOYEE REFUNDS 1. The authority citation for part 843 continues to read as follows: Authority:

    5 U.S.C. 8461; §§ 843.205, 843.208, and 843.209 also issued under 5 U.S.C. 8424; § 843.309 also issued under 5 U.S.C. 8442; § 843.406 also issued under 5 U.S.C. 8441.

    Subpart C—Current and Former Spouse Benefits 2. Revise Appendix A to subpart C of part 843 to read as follows: Appendix A to Supart C of Part 843—Present Value Conversion Factors for Earlier Comencing Date of Annuities of Current and Former Spouses of Diseased Separated Employees

    With at least 10 but less than 20 years of creditable service—

    Age of separated employee at birthday before death Multiplier 26 .0726 27 .0792 28 .0859 29 .0930 30 .1002 31 .1081 32 .1165 33 .1252 34 .1343 35 .1443 36 .1550 37 .1664 38 .1786 39 .1914 40 .2053 41 .2200 42 .2358 43 .2528 44 .2710 45 .2905 46 .3114 47 .3337 48 .3580 49 .3839 50 .4118 51 .4419 52 .4745 53 .5097 54 .5477 55 .5889 56 .6336 57 .6822 58 .7350 59 .7926 60 .8556 61 .9244

    With at least 20, but less than 30 years of creditable service—

    Age of separated employee at birthday before death Multiplier 36 .1810 37 .1943 38 .2086 39 .2236 40 .2398 41 .2570 42 .2754 43 .2953 44 .3166 45 .3394 46 .3638 47 .3899 48 .4182 49 .4485 50 .4812 51 .5164 52 .5545 53 .5955 54 .6400 55 .6881 56 .7404 57 .7972 58 .8590 59 .9264

    With at least 30 years of creditable service—

    Age of separated
  • employee at
  • birthday
  • before death
  • Multiplier by separated
  • employee's year of birth
  • After 1966 From 1950
  • through
  • 1966
  • 46 .4561 .4910 47 .4889 .5264 48 .5244 .5646 49 .5624 .6055 50 .6035 .6497 51 .6476 .6973 52 .6954 .7487 53 .7469 .8042 54 .8027 .8643 55 .8631 .9294 56 .9287 1.0000
    [FR Doc. 2015-07747 Filed 4-2-15; 8:45 am] BILLING CODE 6325-38-P
    OFFICE OF GOVERNMENT ETHICS 5 CFR Part 2600, 2601, 2604 RIN 3209-AA40, 3209-AA41, 3209-AA39 Organization and Functions; Implementation of Statutory Gift Acceptance Authority; Freedom of Information Act AGENCY:

    Office of Government Ethics (OGE).

    ACTION:

    Proposed rule.

    SUMMARY:

    The U.S. Office of Government Ethics is updating and streamlining its organization and functions regulation and its statutory gift acceptance authority implementation. OGE is also updating and streamlining its Freedom of Information Act (FOIA) regulation to reflect OGE's existing policy and practice and to implement changes to the FOIA. Finally, the proposed revisions make administrative changes and update cost figures for calculating and charging fees.

    DATES:

    Written comments are invited and must be received on or before June 2, 2015.

    ADDRESSES:

    You may submit written comments to OGE on the proposed rule by any of the following methods:

    Email: [email protected] Include the appropriate Regulation Identifier Number in the subject line of the message.

    Fax: (202) 482-9237.

    Mail/Hand Delivery/Courier: U.S. Office of Government Ethics, Suite 500, 1201 New York Avenue NW., Washington, DC 20005-3917, Attention: Jennifer Matis, Assistant Counsel.

    Instructions: All submissions must include OGE's agency name and the appropriate Regulation Identifier Number. Use RIN 3209-AA40 to submit comments on the proposed changes to 5 CFR part 2600; RIN 3209-AA41 to submit comments on the proposed changes to 5 CFR part 2600; and RIN 3209-AA39 to submit comments on the proposed changes to 5 CFR part 2604. OGE will post all comments on its Web site (www.oge.gov). All comments received will be posted without change; OGE generally does not edit a commenter's personal identifying information from submissions. You should submit only information that you wish to make available publicly.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Matis, Assistant Counsel, 202-482-9216.

    SUPPLEMENTARY INFORMATION: A. Substantive Discussion

    The rule proposes revisions to standardize, update, and streamline the language of 5 CFR parts 2600, 2601, and 2604. In addition, the proposed revisions to 5 CFR part 2600 remove out-of-date information regarding OGE's organizational structure and instead refer individuals to its Web site for current information. Likewise, the proposed revisions to 5 CFR part 2601 reflect changes to OGE's organizational structure.

    The primary purpose of the proposed revisions to 5 CFR part 2604 is to reflect changes to the FOIA under the Openness Promotes Effectiveness in our National (OPEN) Government Act of 2007, Public Law 110-175, and to incorporate principles established by the 2009 FOIA memorandum. OGE is committed to operating transparently and has been administratively adhering to the developments in FOIA law and to the President's directive. Except as noted below, the proposed revisions reflect OGE's existing policies and practices.

    The following is a subpart-by-subpart analysis of the proposed changes to 5 CFR part 2604:

    Subpart A—General Provisions. The definition of “duplication” has been updated in accordance with changes in technology. The definition of “representative of the news media” has been revised to incorporate amendments to the FOIA under the OPEN Government Act. Section 2604.104 has been added to inform FOIA requesters about OGE's obligations regarding the preservation of records. Section 2604.105 has been added to clarify that OGE's FOIA regulation does not create an entitlement to additional rights or services beyond those conferred by the FOIA.

    Subpart B—FOIA Public Reading Room Facility and Web site; Index Indentifying Information for the Public. Section 2604.201(a)(2) was revised to reflect OGE's existing practice of proactively identifying and posting on its Web site records of interest to the public, in accordance with the principles set forth by the 2009 FOIA memorandum. Section 2604.201(b)(5) was revised to parallel the language of the FOIA. After consideration, OGE decided not to revise § 2604.202(b), which contains a notice that the Director of OGE has determined that it is unnecessary and impracticable to publish and distribute a quarterly index of materials available under 5 U.S.C. 552(a)(2). However, OGE will consider whether it would be feasible to publish and update such an index on its Web site.

    Subpart C—Production and Disclosure of Records Under FOIA. Section 2604.301 was revised to remove the option of submitting a request in person or by telephone. This change promotes efficiency in the receipt and tracking of requests, particularly in light of the fact that OGE has received few, if any, requests in person or by telephone. Section 2604.304 was revised to clarify the requirements for submitting an appeal and to correctly reflect the official delegated authority by OGE's Director to make a determination with respect to appeals.

    Several revisions were made to this subpart to incorporate changes to the FOIA under the OPEN Government Act. The new § 2604.302(a) was added to reflect OGE's practice of acknowledging requests when the FOIA Officer determines that they will take longer than 10 working days to process. The redesignated § 2604.302(c) was revised to clarify OGE's practice of referring requests only to agencies subject to the FOIA and providing requesters with a point of contact within the receiving agency. Section 2604.304(e) was added to reflect OGE's practice of notifying requesters of the dispute resolution services of the Office of Government Information Services when a denial of a request for records is upheld in whole or in part on appeal. The new § 2604.305(a)(2) was added to notify requesters regarding the tolling of time limits. The extension of time limits provision in § 2604.305(c) was revised to more closely parallel the current language of the FOIA, including a notification that OGE will make available its Public Liaison to assist in the resolution of disputes.

    Subpart D—Exemptions Under FOIA. Section 2604.401 was revised to reflect OGE's existing policy regarding discretionary disclosures of exempt records, as well as to incorporate the principles set forth in the 2009 FOIA memorandum. Section 2604.402 was revised to give a submitter of business information a reasonable time, up to 10 working days, to provide a written statement of objection to a disclosure, rather than restricting the submitter to five working days in all circumstances.

    Subpart E—Schedule of Fees. Proposed changes to OGE's FOIA fee schedule are found at § 2604.501. Document search and review charges will increase slightly to $16 and $28 per hour for clerical and professional time, respectively. This increase is reasonable in light of the base salaries of OGE employees and is expected to have little impact on requesters. The duplication charge will remain the same at 15 cents per page. Section 2604.503(d) was added to incorporate an amendment to the FOIA under the OPEN Government Act, which limits an agency's authority to assess certain fees if the agency fails to comply with statutory time limits, unless unusual or exceptional circumstances apply.

    Subpart F—Annual OGE FOIA Report. Section 2604.601 was revised to incorporate by reference the provisions of 5 U.S.C. 552(e) rather than provide a detailed description of the contents of OGE's annual FOIA report. In light of the changes in annual FOIA reporting requirements made by the OPEN Government Act and the possibility of additional changes, this revision helps to ensure that the public is provided with updated information on OGE's reporting obligations both now and in the future.

    Subpart G—Fees for the Reproduction and Mailing of Public Financial Disclosure Reports. Copies of public financial disclosure reports are requested and provided pursuant to section 105 of the Ethics in Government Act of 1978, as amended, and § 2634.603 of this chapter, not pursuant to the FOIA. Section 2604.702 was revised to increase the duplication charge for the reproduction of public financial reports to 15 cents per page, the same charge assessed to FOIA requesters under § 2604.501(b)(2). The documents are also available electronically through OGE's Web site at no charge.

    B. Statutory Authority

    OGE is proposing this rulemaking under the authority of 5 U.S.C. 301, 552 (as amended), and 553 and 5 U.S.C. app 105(b).

    C. Matters of Regulatory Procedure Regulatory Planning and Review (Executive Orders 12866 and 13563)

    In promulgating this rulemaking, OGE has adhered to the regulatory philosophy and the applicable principals of regulation set forth in Executive Orders 12866 and 13563. The proposed rule has not been reviewed by the Office of Management and Budget because it is not a significant regulatory action for the purposes of Executive Order 12866.

    Congressional Review Act

    The proposed rule is not a major rule as defined in 5 U.S.C. Chapter 8, Congressional Review of Agency Rulemaking.

    Paperwork Reduction Act

    The proposed rule is not subject to section 3504(h) of the Paperwork Reduction Act, 44 U.S.C. 3501, because it does not contain any information collection requirements subject to approval by the Office of Management and Budget.

    Federalism (Executive Order 13132)

    The proposed rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, OGE has determined that this proposed rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.

    Unfunded Mandates Reform Act

    The proposed rule neither imposes an unfunded mandate of more than $100 million per year nor imposes a significant or unique effect on State, local or tribal governments, or the private sector.

    Regulatory Flexibility Act

    As required by the Regulatory Flexibility Act, it is hereby certified that this proposed rule will not have a significant impact on a substantial number of small entities because this regulation will affect only people and organizations who file FOIA requests with OGE.

    Civil Justice Reform (Executive Order 12988)

    It is hereby certified that this proposed rule does not unduly burden the judicial system and meets the requirements of Executive Order 12988.

    List of Subjects 5 CFR Parts 2600 and 2601

    Administrative practice and procedure, Organization and functions (Government agencies).

    5 CFR Part 2604

    Administrative practice and procedure, Archives and records, Confidential business information, Freedom of information, Reporting and recordkeeping requirements.

    Approved: March 25, 2015. Walter M. Shaub, Jr., Director, Office of Government Ethics.

    For the reasons set out above, OGE proposes to amend 5 CFR parts 2600, 2601, and 2604 as follows:

    PART 2600—ORGANIZATION AND FUNCTIONS OF THE OFFICE OF GOVERNMENT ETHICS 1. The authority citation for part 2600 continues to read as follows: Authority:

    5 U.S.C. App. (Ethics in Government Act of 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.

    2. Amend § 2600.101 by revising the first sentence of paragraph (a) to read as follows:
    § 2600.101 Mission and history.

    (a) The U.S. Office of Government Ethics (OGE) was established by the Ethics in Government Act of 1978, Public Law 95-521, 92 Stat. 1824 (1978). * * *

    3. Amend § 2600.102 by revising paragraphs (a) and (b) to read as follows:
    § 2600.102 Contact information.

    (a) Address. OGE is located at 1201 New York Avenue NW., Suite 500, Washington, DC 20005-3917. OGE does not have any regional offices. OGE's general email address is [email protected]

    (b) Web site. Information about OGE and its role in the executive branch ethics program as well as copies of publications that have been developed for training, educational and reference purposes are available electronically on OGE's Web site (www.oge.gov). OGE has posted on its Web site various Executive Orders, statutes, and regulations that together form the basis for the executive branch ethics program. The site also contains ethics advisory opinions and letters published by OGE, as well as other pertinent information.

    4. Revise § 2600.103 to read as follows:
    § 2600.103 Office of Government Ethics organization and functions.

    OGE's Director is appointed by the President and confirmed by the Senate for a five-year term. Additional information regarding OGE's organization and functions is available on its Web site at www.oge.gov.

    PART 2601—IMPLEMENTATION OF OFFICE OF GOVERNMENT ETHICS STATUTORY GIFT ACCEPTANCE AUTHORITY 5. The authority citation for part 2601 continues to read as follows: Authority:

    5 U.S.C. App. (Ethics in Government Act of 1978).

    6. Amend § 2601.103 by revising the first sentence of paragraph (a) and the first sentence of paragraph (d) to read as follows:
    § 2601.103 Policy.

    (a) Scope. OGE may use its statutory authority to solicit, accept and utilize gifts to the agency that aid or facilitate the agency's work. * * *

    (d) Endorsement. Acceptance of a gift pursuant to this part will not in any way be deemed to be an endorsement of the donor, or the donor's products, services, activities, or policies. * * *

    7. Amend § 2601.105 by revising the introductory text, removing the definition of “Administrative Division” and revising the definitions of “Agency,” “Authorized agency official,” “Director,” and “Employee” to read as follows:
    § 2601.105 Definitions.

    As used in this part:

    Agency means the U.S. Office of Government Ethics (OGE).

    Authorized agency official means the Director of OGE or the Director's delegee.

    Director means the Director of OGE.

    Employee means an employee of OGE.

    8. Amend § 2601.202 by revising paragraphs (a), (b), (d), and (f) to read as follows:
    § 2601.202 Procedure.

    (a) The authorized agency official will have the authority to solicit, accept, refuse, return, or negotiate the terms of acceptance of a gift.

    (b) An employee, other than an authorized agency official, will immediately forward all offers of gifts covered by this part regardless of value to an authorized agency official for consideration and will provide a description of the gift offered. An employee will also inform an authorized agency official of all discussions of the possibility of a gift. An employee will not provide a donor with any commitment, privilege, concession or other present or future benefit (other than an appropriate acknowledgment) in return for a gift.

    (d) Gifts may be acknowledged in writing in the form of a letter of acceptance to the donor. The amount of a monetary gift will be specified. In the case of nonmonetary gifts, the letter will not make reference to the value of the gift. Valuation of nonmonetary gifts is the responsibility of the donor. Letters of acceptance will not include any statement regarding the tax implications of a gift, which remain the responsibility of the donor. No statement of endorsement should appear in a letter of acceptance to the donor.

    (f) A gift of money or the proceeds of a gift will be deposited in an appropriately documented agency fund. A check or money order should be made payable to the “U.S. Office of Government Ethics.”

    9. Amend § 2601.203 by revising paragraph (a) to read as follows:
    § 2601.203 Conflict of interest analysis.

    (a) A gift will not be solicited or accepted if the authorized agency official determines that such solicitation or acceptance of the gift would reflect unfavorably upon the ability of the agency, or any employee of the agency, to carry out OGE responsibilities or official duties in a fair and objective manner, or would compromise the integrity or the appearance of the integrity of its programs or any official involved in those programs.

    10. Amend § 2601.204 by revising the Note to § 2601.204 to read as follows:
    § 2601.204 Conditions for acceptance. Note to § 2601.204:

    Nothing in this part will prohibit the agency from offering or providing the donor an appropriate acknowledgment of its gift in a publication, speech or other medium.

    11. Amend § 2601.301 by revising paragraphs (a) and (b) and the introductory text of paragraph (c) to read as follows:
    § 2601.301 Accounting of gifts.

    (a) OGE's Designated Agency Ethics Official (DAEO) will ensure that gifts are properly accounted for by following appropriate internal controls and accounting procedures.

    (b) The DAEO will maintain an inventory of donated personal property valued at over $500. The inventory will be updated each time an item is sold, excessed, destroyed or otherwise disposed of or discarded.

    (c) The DAEO will maintain a log of all gifts valued at over $500 accepted pursuant to this part. The log will include, to the extent known:

    PART 2604—FREEDOM OF INFORMATION ACT RULES AND SCHEDULE OF FEES FOR THE PRODUCTION OF PUBLIC FINANCIAL DISCLOSURE REPORTS 12. The authority citation for part 2604 continues to read as follows: Authority:

    5 U.S.C. 552; 5 U.S.C. App. (Ethics in Government Act of 1978); E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; E.O. 13392, 70 FR 75373, 3 CFR, 2005 Comp., p. 216.

    13. Revise § 2604.101 to read as follows:
    § 2604.101 Purpose.

    This part contains the regulations of the U.S. Office of Government Ethics (OGE) implementing the Freedom of Information Act (FOIA), as amended. It describes how any person may obtain records from OGE under the FOIA. It also implements section 105(b)(1) of the Ethics in Government Act of 1978 (Ethics Act), as amended, which authorizes an agency to charge reasonable fees to cover the cost of reproduction and mailing of public financial disclosure reports requested by any person.

    14. Amend § 2604.102 by revising the first sentence of paragraph (c) to read as follows:
    § 2604.102 Applicability.

    (c) Records available through routine distribution procedures. When the record requested includes material published and offered for sale (e.g., by the Government Publishing Office) or which is available to the public through an established distribution system (such as that of the National Technical Information Service of the Department of Commerce), OGE will explain how the record may be obtained through those channels. * * *

    15. Amend § 2604.103 by: a. Revising the definitions of “Business information,” “Business submitter,” “Chief FOIA Officer,” “Duplication,” “FOIA Public Liaison,” “FOIA Requester Service Center”; b. Removing the definition of “He, his and him”; and c. Revising the definitions of “Office or OGE,” “Records,” and “Representative of the news media.”

    The revisions read as follows:

    § 2604.103 Definitions.

    Business information means trade secrets or other commercial or financial information, provided to OGE by a submitter, which arguably is protected from disclosure under Exemption 4 of the Freedom of Information Act.

    Business submitter means any person who provides business information, directly or indirectly, to OGE and who has a proprietary interest in the information.

    Chief FOIA Officer means the OGE official designated under E.O. 13392 to provide oversight of all of OGE's FOIA program operations.

    Duplication means the process of making a copy of a record. Such copies include photocopies, flash drives, and optical discs.

    FOIA Public Liaison means the OGE official designated under E.O. 13392 to review upon request any concerns of FOIA requesters about the service received from OGE's FOIA Requester Service Center and to address any other FOIA-related inquiries.

    FOIA Requester Service Center means the OGE unit designated under E.O. 13392 to answer any questions requesters have about the status of OGE's processing of their FOIA requests.

    Office or OGE means the United States Office of Government Ethics.

    Records means any handwritten, typed, or printed documents (such as memoranda, books, brochures, studies, writings, drafts, letters, transcripts, and minutes) and documentary material in other forms (such as electronic documents, electronic mail, magnetic tapes, cards or discs, paper tapes, audio or video recordings, maps, photographs, slides, microfilm and motion pictures) that are either created or obtained by OGE and are under its control. It does not include objects or articles such as exhibits, models, equipment, and duplication machines or audiovisual processing materials.

    Representative of the news media means a person or entity that gathers information of potential interest to a segment of the public, uses editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. In this clause, the term “news” means information that is about current events or that would be of current interest to the public. Examples of news media entities include television or radio stations broadcasting to the public at large and publishers of periodicals (but only if such entities qualify as disseminators of “news”) who distribute their products to the general public or who make their products available for purchase or subscription by the general public, and entities that may disseminate news through other media, such as electronic dissemination of text. Freelance journalists will be considered as representatives of a news media entity if they can show a solid basis for expecting publication through such an entity. A publication contract is such a basis, and the requester's past publication record may show such a basis.

    16. Add § 2604.104 to subpart A to read as follows:
    § 2604.104 Preservation of records.

    OGE will preserve all correspondence pertaining to the requests that it receives under this part, as well as copies of all responsive records, until disposition or destruction is authorized by title 44 of the United States Code or the National Archives and Records Administration's General Records Schedule. Records will not be disposed of while they are the subject of a pending request, appeal, or lawsuit.

    17. Add § 2604.105 to subpart A to read as follows:
    § 2604.105 Other rights and services.

    Nothing in this part will be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under the FOIA.

    18. Revise the heading of Subpart B to read as follows: Subpart B—FOIA Public Reading Room Facility and Web Site; Index Identifying Information for the Public 19. Amend § 2604.201 by revising the heading, paragraph (a), paragraph (b) introductory text, and paragraphs (b)(2), (b)(5), and (c) to read as follows:
    § 2604.201 Public reading room facility and Web site.

    (a)(1) Location of public reading room facility. OGE maintains a public reading room facility at its offices located at 1201 New York Avenue NW., Suite 500, Washington, DC 20005-3917. Persons desiring to utilize the reading room facility should contact OGE, in writing or by telephone: 202-482-9300, TDD: 202-482-9293, or FAX: 202-482-9237, to arrange a time to inspect the materials available there.

    (2) Web site. The records listed in paragraph (b) of this section that were created on or after November 1, 1996, or which OGE is otherwise able to make electronically available, along with the OGE FOIA and Public Records Guide and OGE's annual FOIA reports, are also available via OGE's Web site (www.oge.gov). OGE will proactively identify additional records of interest to the public and will post such records on its Web site when practicable.

    (b) Records available. The OGE public reading room facility contains OGE records which are required by 5 U.S.C. 552(a)(2) to be made available for public inspection and copying, including.:

    (2) Any statements of policy and interpretation which have been adopted by OGE and are not published in the Federal Register;

    (5) A general index of the records referred to under § 2604.201(b)(4).

    (c) Copying. The cost of copying information available in OGE's public reading room facility will be imposed on a requester in accordance with the provisions of subpart E of this part.

    20. Amend § 2604.202 by revising paragraph (a) to read as follows:
    § 2604.202 Index identifying information for the public.

    (a) OGE will maintain and make available for public inspection and copying a current index of the materials available at its public reading room facility which are required to be indexed under 5 U.S.C. 552(a)(2).

    21. Amend § 2604.301 by revising paragraph (a), paragraph (b) introductory text, and paragraphs (b)(2) and (d) to read as follows:
    § 2604.301 Requests for records.

    (a) Addressing requests. Requests for copies of records may be made by mail or email. Requests sent by mail should be addressed to the FOIA Officer, U.S. Office of Government Ethics, 1201 New York Avenue NW., Suite 500, Washington, DC 20005-3917. The envelope containing the request and the letter itself should both clearly indicate that the subject is a Freedom of Information Act request. Email requests should be sent to [email protected] and should indicate in the subject line that the message contains a Freedom of Information Act request.

    (b) Description of records. Each request must reasonably describe the desired records in sufficient detail to enable OGE personnel to locate the records with a reasonable amount of effort. A request for a specific category of records will be regarded as fulfilling this requirement if it enables responsive records to be identified by a technique or process that is not unreasonably burdensome or disruptive of OGE operations.

    (2) If the FOIA Officer determines that a request does not reasonably describe the records sought, the FOIA Officer will either advise the requester what additional information is needed to locate the record, or otherwise state why the request is insufficient. The FOIA Officer will also extend to the requester an opportunity to confer with OGE personnel with the objective of reformulating the request in a manner which will meet the requirements of this section.

    (d) Requests for records relating to corrective actions. No record developed pursuant to the authority of 5 U.S.C. app. 402(f)(2) concerning the investigation of an employee for a possible violation of any provision relating to a conflict of interest will be made available pursuant to this part unless the request for such information identifies the employee to whom the records relate and the subject matter of any alleged violation to which the records relate. Nothing in this subsection will affect the application of subpart D of this part to any record so identified.

    22. Amend § 2604.302 by redesignating paragraphs (a) through (d) as (b) through (e), respectively; adding new paragraph (a); and revising redesignated paragraph (c) to read as follows:

    (a) Acknowledgement of requests. If the FOIA Officer determines that a request will take longer than 10 working days to process, OGE will send a written acknowledgment that includes the request's individualized tracking number.

    (c) Referral to, or consultation with, another agency. When a requester seeks access to records that originated in another Government agency subject to the FOIA, OGE will normally refer the request to the other agency for response; alternatively, OGE may consult with the other agency in the course of deciding itself whether to grant or deny a request for access to such records. If OGE refers the request to another agency, it will notify the requester of the referral and provide a point of contact within the receiving agency. If release of certain records may adversely affect United States relations with foreign governments, OGE will usually consult with the Department of State. A request for any records classified by some other agency will be referred to that agency for response.

    23. Amend § 2604.303 by revising paragraph (a) and the introductory text to paragraph (b) to read as follows:
    § 2604.303 Form and content of responses.

    (a) Form of notice granting a request. After the FOIA Officer has made a determination to grant a request in whole or in part, the requester will be notified in writing. The notice will describe the manner in which the record will be disclosed, whether by providing a copy of the record with the response or at a later date, or by making a copy of the record available to the requester for inspection at a reasonable time and place. The procedure for such an inspection may not unreasonably disrupt OGE operations. The response letter will also inform the requester in the response of any fees to be charged in accordance with the provisions of subpart E of this part.

    (b) Form of notice denying a request. When the FOIA Officer denies a request in whole or in part, the FOIA Officer will so notify the requester in writing. The response will be signed by the FOIA Officer and will include:

    24. Revise § 2604.304 to read as follows:
    § 2604.304 Appeal of denials.

    (a) Right of appeal. If a request has been denied in whole or in part, the requester may appeal the denial by mail or email to the Program Counsel of the U.S. Office of Government Ethics. Requests sent by mail should be addressed to 1201 New York Avenue NW., Suite 500, Washington, DC 20005-3917. The envelope containing the request and the letter itself should both clearly indicate that the subject is a Freedom of Information Act appeal. Email requests should be sent to [email protected] and should indicate in the subject line that the message contains a Freedom of Information Act appeal.

    (b) Letter of appeal. The appeal must be in writing and must be sent within 30 calendar days of receipt of the denial letter. An appeal should include a copy of the initial request, a copy of the letter denying the request in whole or in part, and a statement of the circumstances, reasons or arguments advanced in support of disclosure of the request for the record.

    (c) Action on appeal. The disposition of an appeal will be in writing and will constitute the final action of OGE on a request. A decision affirming in whole or in part the denial of a request will include a brief statement of the reason or reasons for affirmance, including each FOIA exemption relied on. If the denial of a request is reversed in whole or in part on appeal, the request will be processed promptly in accordance with the decision on appeal.

    (d) Judicial review. If the denial of the request for records is upheld in whole or in part, OGE will notify the person making the request of the right to seek judicial review under 5 U.S.C. 552(a)(4).

    (e) Dispute Resolution Services. If the denial of the request for records is upheld in whole or in part, OGE will notify the requester about the dispute resolution services offered by the Office of Government Information Services (OGIS) and provide contact information for that office.

    25. Amend § 2604.305 by redesignating paragraph (a)(2) as (a)(3), adding new paragraph (a)(2), and revising paragraphs (a)(1) and (c) to read as follows:
    § 2604.305 Time limits.

    (a)(1) Initial request. Following receipt of a request for records, the FOIA Officer will determine whether to comply with the request and will notify the requester in writing of the determination within 20 working days.

    (2) Tolling. OGE may toll the 20-working day period once while awaiting a response to information reasonably requested from the requester. OGE may also toll the 20-working day period while awaiting a response to a request for clarification regarding fees. There is no limit on the number of times OGE may toll the statutory time period to request clarification regarding fees. In either case, the tolling period ends upon receipt of the requester's response to the request for information or clarification. If OGE does not receive a response to a request for clarification regarding fees within 30 calendar days, it will consider the request “closed.”

    (c) Extension of time limits. When additional time is required for one of the reasons stated in paragraph (d) of this section, OGE will, within the statutory 20-working day period, issue written notice to the requester setting forth the reasons for the extension and the date on which a determination is expected to be made. If more than 10 additional working days are needed, the requester will be notified and provided an opportunity to limit the scope of the request or to arrange for an alternative time frame for processing the request or a modified request. To aid the requester, OGE will make available its FOIA Public Liaison to assist in the resolution of any disputes.

    26. Amend § 2604.401 by revising paragraphs (a), (b), and the introductory text to paragraph (c) to read as follows:
    § 2604.401 Policy.

    (a) Policy on application of exemptions. A requested record will not be withheld from inspection or copying unless it comes within one of the classes of records exempted by 5 U.S.C. 552. In making its determination on withholding, OGE will consider making discretionary disclosures of records exempt under the FOIA whenever disclosure is not prohibited by statute, Executive Order, or regulation and would not foreseeably harm an interest protected by a FOIA exemption.

    (b) Pledge of confidentiality. Information obtained from any individual or organization, furnished in reliance on a provision for confidentiality authorized by applicable statute, Executive Order or regulation, will not be disclosed to the extent it can be withheld under one of the exemptions. However, this paragraph does not itself authorize the giving of any pledge of confidentiality by any officer or employee of OGE.

    (c) Exception for law enforcement information. OGE may treat records compiled for law enforcement purposes as not subject to the requirements of the Freedom of Information Act when:

    27. Amend § 2604.402 by revising paragraphs (a), (c)(2), (d), paragraph (e) introductory text, and paragraphs (e)(3) and (f) to read as follows:
    § 2604.402 Business information.

    (a) In general. Business information provided to OGE by a submitter will not be disclosed pursuant to a Freedom of Information Act request except in accordance with this section.

    (c) * * *

    (2) The FOIA Officer has reason to believe that the information may be protected from disclosure under Exemption 4 of the FOIA. Such written notice will either describe the exact nature of the business information requested or provide copies of the records containing the business information. The requester also will be notified that notice and an opportunity to object are being provided to a submitter.

    (d) Opportunity to object to disclosure. OGE will give a submitter a reasonable time, up to 10 working days, from receipt of the predisclosure notification to provide a written statement of any objection to disclosure. Such statement will specify all the grounds for withholding any of the information under any exemption of the FOIA and, in the case of Exemption 4, will demonstrate why the information is deemed to be a trade secret or commercial or financial information that is privileged or confidential. Information provided by a submitter pursuant to this paragraph may itself be subject to disclosure under the FOIA.

    (e) Notice of intent to disclose. The FOIA Officer will consider all objections raised by a submitter and specific grounds for nondisclosure prior to determining whether to disclose business information. Whenever the FOIA Officer decides to disclose business information over the objection of a submitter, the FOIA Officer will send the submitter a written notice at least 10 working days before the date of disclosure containing:

    (3) A specified disclosure date. The requester will also be notified of the FOIA Officer's determination to disclose records over a submitter's objections.

    (f) Notice of FOIA lawsuit. Whenever a requester brings suit seeking to compel disclosure of business information, the FOIA Officer will promptly notify the submitter.

    28. Amend § 2604.501 by revising paragraphs (a), (b)(1), (b)(2), and (b)(4) to read as follows:
    § 2604.501 Fees to be charged—general.

    (a) Policy. Fees will be assessed according to the schedule contained in paragraph (b) of this section and the category of requesters described in § 2604.502 for services rendered in responding to and processing requests for records under subpart C of this part. All fees will be charged to the requester, except where the charging of fees is limited under § 2604.503(a) and (b) or where a waiver or reduction of fees is granted under § 2604.503(c). Requesters will pay fees by check or money order made payable to the Treasury of the United States.

    (b) * * *

    (1) Searches—(i) Manual searches for records. Whenever feasible, OGE will charge at the salary rate (i.e., basic pay plus 16%) of the employee making the search. However, where a homogeneous class of personnel is used exclusively in a search (e.g., all clerical time or all professional time) OGE will charge $16.00 per hour for clerical time and $28.00 per hour for professional time. Charges for search time will be billed by 15 minute segments.

    (ii) Computer searches for records. Requesters will be charged the actual direct cost of conducting a search using existing programming. These direct costs will include the cost of operating a central processing unit for that portion of operating time that is directly attributable to searching for records responsive to a request, as well as the cost of operator/programmer salary apportionable to the search. OGE will not alter or develop programming to conduct a search.

    (iii) Unproductive searches. OGE will charge search fees even if no records are found which are responsive to the request, or if the records found are exempt from disclosure.

    (2) Duplication. The standard copying charge for documents in paper copy is $0.15 per page. When responsive information is provided in a format other than paper copy, such as in the form of computer tapes, flash drives, and discs, the requester may be charged the direct costs of the medium used to produce the information, as well as any related reproduction costs.

    (4) Other services and materials. Where OGE elects, as a matter of administrative discretion, to comply with a request for a special service or materials, such as certifying that records are true copies or sending records by special methods, the actual direct costs of providing the service or materials will be charged.

    29. Revise § 2604.502 to read as follows:
    § 2604.502 Fees to be charged—categories of requesters.

    (a) Fees for various requester categories. The paragraphs below state, for each category of requester, the type of fees generally charged by OGE. However, for each of these categories, the fees may be limited, waived or reduced in accordance with the provisions set forth in § 2604.503. In determining whether a requester belongs in any of the following categories, OGE will determine the use to which the requester will put the documents requested. If OGE has reasonable cause to doubt the use to which the requester will put the records sought, or where the use is not clear from the request itself, OGE will seek clarification before assigning the request to a specific category.

    (b) Commercial use requester. OGE will charge the full costs of search, review, and duplication. Commercial use requesters are not entitled to two hours of free search time or 100 free pages of reproduction as described in § 2604.503(a); however, the minimum fees provision of § 2604.503(b) does apply to such requesters.

    (c) Educational and noncommercial scientific institutions and news media. If the request is from an educational institution or a noncommercial scientific institution, operated for scholarly or scientific research, or a representative of the news media, and the request is not for a commercial use, OGE will charge only for duplication of documents, excluding charges for the first 100 pages.

    (d) All other requesters. If the request is not one described in paragraph (b) or (c) of this section, OGE will charge the full and direct costs of searching for and reproducing records that are responsive to the request, excluding the first 100 pages of duplication and the first two hours of search time.

    30. Amend § 2604.503 by revising paragraphs (a), (b), (c) introductory text, (c)(1) introductory text, (c)(2), and (c)(3), and adding paragraph (d) to read as follows:
    § 2604.503 Limitations on charging fees.

    (a) In general. Except for requesters seeking records for a commercial use as described in § 2604.502(b), OGE will provide, without charge, the first 100 pages of duplication and the first two hours of search time, or their cost equivalent.

    (b) Minimum fees. OGE will not assess fees for individual requests if the total charge would be $10.00 or less.

    (c) Waiver or reduction of fees. Records responsive to a request under 5 U.S.C. 552 will be furnished without charge or at a reduced charge where OGE determines, based upon information provided by a requester in support of a fee waiver request, that disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the Government and is not primarily in the commercial interest of the requester. Requests for a waiver or reduction of fees will be considered on a case-by-case basis.

    (1) In determining whether disclosure is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the Government, OGE will consider the following factors:

    (2) In determining whether disclosure of the requested information is not primarily in the commercial interest of the requester, OGE will consider the following factors:

    (i) The existence and magnitude of a commercial interest: Whether the requester has a commercial interest that would be furthered by the requested disclosure. OGE will consider all commercial interests of the requester, or any person on whose behalf the requester may be acting, which would be furthered by the requested disclosure. In assessing the magnitude of identified commercial interests, consideration will be given to the effect that the information disclosed would have on those commercial interests; and

    (ii) The primary interest in disclosure: Whether the magnitude of the identified commercial interest of the requester is sufficiently large, in comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of the requester. A fee waiver or reduction is warranted only where the public interest can fairly be regarded as greater in magnitude than the requester's commercial interest in disclosure. OGE will ordinarily presume that, where a news media requester has satisfied the public interest standard, the public interest will be served primarily by disclosure to that requester. Disclosure to data brokers and others who compile and market Government information for direct economic return will not be presumed to primarily serve the public interest.

    (3) Where only a portion of the requested record satisfies the requirements for a waiver or reduction of fees under this paragraph, a waiver or reduction will be granted only as to that portion.

    (d) If OGE does not comply with one of the time limits under § 2604.305, it will not assess search fees (or, in the case of a requester described under § 2604.502(c), duplication fees), unless unusual or exceptional circumstances apply, as defined in 5 U.S.C. 552(a)(6)(B) and (C).

    31. Amend § 2604.504 by revising paragraphs (a), (b), (c)(1) through (3), (d), and (e) to read as follows:
    § 2604.504 Miscellaneous fee provisions.

    (a) Notice of anticipated fees in excess of $25.00. Where OGE determines or estimates that the fees to be assessed under this section may amount to more than $25.00, it will notify the requester as soon as practicable of the actual or estimated amount of fees, unless the requester has indicated in advance the willingness to pay fees as high as those anticipated. Where a requester has been notified that the actual or estimated fees may exceed $25.00, the request will be deemed not to have been received until the requester has agreed to pay the anticipated total fee. A notice to the requester pursuant to this paragraph will include the opportunity to confer with OGE personnel in order to reformulate the request to meet the requester's needs at a lower cost.

    (b) Aggregating requests. A requester may not file multiple requests, each seeking portions of a document or documents in order to avoid the payment of fees. Where there is reason to believe that a requester, or group of requesters acting in concert, is attempting to divide a request into a series of requests for the purpose of evading the assessment of fees, OGE may aggregate the requests and charge accordingly. OGE will presume that multiple requests of this type made within a 30-calendar day period have been made in order to evade fees. Multiple requests regarding unrelated matters will not be aggregated.

    (c) * * *

    (1) OGE estimates or determines that the total fee to be assessed under this section is likely to exceed $250.00. When a determination is made that the allowable charges are likely to exceed $250.00, the requester will be notified of the likely cost and will be required to provide satisfactory assurance of full payment where the requester has a history of prompt payment of FOIA fees, or will be required to submit an advance payment of an amount up to the full estimated charges in the case of requesters with no history of payment; or

    (2) A requester has previously failed to pay a fee charged in a timely fashion (i.e., within 30 calendar days of the date of the billing). In such cases the requester may be required to pay the full amount owed plus any applicable interest as provided by paragraph (e) of this section, and to make an advance payment of the full amount of the estimated fee before OGE begins to process a new request.

    (3) When OGE requests an advance payment of fees, the administrative time limits described in subsection (a)(6) of the FOIA will begin to run only after OGE has received the advance payment.

    (d) Billing and payment. Normally OGE will require a requester to pay all fees before furnishing the requested records. However, OGE may send a bill along with, or following the furnishing of records, in cases where the requester has a history of prompt payment.

    (e) Interest charges. Interest charges on an unpaid bill may be assessed starting on the 31st calendar day following the day on which the billing was sent. Interest will be at the rate prescribed in 31 U.S.C. 3717 and will accrue from the date of billing. To collect unpaid bills, OGE will follow the provisions of the Debt Collection Act of 1982, as amended (96 Stat. 1749 et seq.) including the use of consumer reporting agencies, collection agencies, and offset.

    32. Revise § 2604.601 to read as follows:
    § 2604.601 Electronic posting and submission of annual OGE FOIA report.

    On or before February 1 of each year, OGE will electronically post on its Web site and submit to the Office of Information and Privacy at the United States Department of Justice a report of its activities relating to the Freedom of Information Act (FOIA) during the preceding fiscal year. The report will include the information required by 5 U.S.C. 552(e).

    § 2604.602 [Removed]
    33. Remove § 2604.602. 34. Revise § 2604.701 to read as follows:
    § 2604.701 Policy.

    Fees for the reproduction and mailing of public financial disclosure reports (SF 278s) requested pursuant to section 105 of the Ethics in Government Act of 1978, as amended, and § 2634.603 of this chapter will be assessed according to the schedule contained in § 2604.702. Requesters will pay fees by check or money order made payable to the Treasury of the United States. Except as provided in § 2604.702(d), nothing concerning fees in subpart E of this part supersedes the charges set forth in this subpart for records covered in this subpart.

    35. Amend § 2604.702 by revising paragraphs (a), (b), and (c) to read as follows:
    § 2604.702 Charges.

    (a) Duplication. Except as provided in paragraph (c) of this section, copies of public financial disclosure reports (SF 278s) requested pursuant to section 105 of the Ethics in Government Act of 1978, as amended, and § 2634.603 of this chapter will be provided upon payment of $0.15 per page furnished.

    (b) Mailing. Except as provided in paragraph (c) of this section, the actual direct cost of mailing public financial disclosure reports will be charged for all forms requested. Where OGE elects to comply, as a matter of administrative discretion, with a request for special mailing services, the actual direct cost of such service will be charged.

    (c) Minimum fees. OGE will not assess fees for individual requests if the total charge would be $10.00 or less.

    [FR Doc. 2015-07376 Filed 4-2-15; 8:45 am] BILLING CODE 6345-03-P
    DEPARTMENT OF ENERGY 10 CFR Part 430 [Docket No. EERE-2012-BT-STD-0022] RIN 1904-AC78 Energy Conservation Program for Consumer Products: Energy Conservation Standards for Residential Water Heaters AGENCY:

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

    ACTION:

    Proposed rule; withdrawal.

    SUMMARY:

    The U.S. Department of Energy (DOE) withdraws a proposed rule published in the Federal Register on February 26, 2013 that proposed to establish a waiver process to allow the manufacture and sale of certain large-volume (>55 gallon) electric storage water heaters under 1-year waivers granted by DOE, provided that a specific set of features are included and conditions are met to ensure their use only in residences enrolled in utility electric thermal storage (ETS) programs.

    DATES:

    The proposed rule published on February 26, 2013 at 78 FR 12969 is withdrawn as of April 3, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Ashley Armstrong, 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) 586-6590. Email: [email protected] Mr. Eric Stas, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-5827. Email: [email protected] SUPPLEMENTARY INFORMATION:

    I. Authority

    Title III, Part B 1 of the Energy Policy and Conservation Act of 1975 (“EPCA” or “the Act”), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) established the Energy Conservation Program for Consumer Products Other Than Automobiles.2 These products include residential water heaters (RWH), the subject of this document. (42 U.S.C. 6292(a)(4))

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

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

    II. Background

    The National Appliance Energy Conservation Act of 1987 (NAECA; Pub. L. 100-12) amended EPCA to, among other things, establish energy conservation standards for residential water heaters. (42 U.S.C. 6295(e)(1); 42 U.S.C. 6295(e)(4)) DOE initially amended the statutorily prescribed standards for water heaters in a final rule published on January 17, 2001. 66 FR 4474 (Jan. 17, 2001). Subsequently, DOE amended the residential water heater standards a second time in another final rule published on April 16, 2010 (hereinafter known as the April 2010 final rule). 73 FR 20112 (April 16, 2010).

    The energy conservation standards for residential water heaters adopted in the April 2010 final rule will apply to products manufactured on or after April 16, 2015. 75 FR 20234 (April 16, 2010). The amended energy conservation standards consist of minimum energy factors 3 (EF) that vary based on the rated storage volume of the water heater, the type of energy it uses (i.e., gas, oil, or electricity), and whether it is a storage, instantaneous, or tabletop model. 10 CFR 430.32(d) Of particular relevance to this notice, electric water heaters with a rated storage volume above 55 gallons (referred to hereinafter as “large-volume” electric storage water heaters) will be required to have an energy factor of at least 2.057 − (0.00113 × Rated Storage Volume in gallons). Id. Such a level is currently achievable only by using heat pump water heater technology and cannot be achieved in electric water heaters that rely solely on electric resistance elements.

    3 Energy factor is a measure of overall water heater efficiency that accounts for efficiency during active, standby, and cyclical operation.

    Subsequent to the publication of the April 2010 final rule, several stakeholders indicated to DOE their concerns about the interaction of the amended standards in the April 2010 final rule and the use of large-volume electric storage water heaters in utility ETS programs. To gather additional information on the impact of the amended standard established in the April 2010 final rule on ETS programs that use large-volume electric storage water heaters, DOE issued a request for information (RFI) and received numerous additional comments on these topics. 77 FR 35299 (June 13, 2012). After considering comments submitted by interested parties, DOE published a notice of proposed rulemaking (NOPR) proposing to establish a waiver process to allow any manufacturer, utility, or a combination of the two to request a waiver granting an exemption from the amended energy conservation standards established in the April 2010 final rule for certain large-volume electric storage water heaters used in an ETS program. 78 FR 12969 (Feb. 26, 2013). As proposed, each waiver would have allowed manufacturers to produce, for a 1-year period, a limited number of large-volume electric storage water heaters that would not otherwise meet the April 2010 amended standard levels, provided that a specific set of features are included and conditions are met to ensure their use exclusively in utility ETS programs. More information on DOE's waiver proposal and stakeholder feedback can be found in the rulemaking docket.4

    4http://www.regulations.gov/#!docketDetail;D=EERE-2012-BT-STD-0022.

    III. Discussion

    By this document, DOE withdraws its February 26, 2013 NOPR. DOE commissioned a study to examine the capability of large-capacity water heaters, both resistance and heat pump, to support ETS programs and found both water heater types worked for such programs. For additional discussion of the capability of using large-volume electric storage water heaters that meet the April 2010 amended standard levels to support utility ETS programs, see the following reports: http://www.pnnl.gov/main/publications/external/technical_reports/PNNL-23527.pdf and http://www.pnnl.gov/main/publications/external/technical_reports/PNNL-23697.pdf.

    IV. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this withdrawal.

    Issued in Washington, DC, on March 26, 2015. Roland Risser, Acting Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. [FR Doc. 2015-07706 Filed 4-2-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 193 [Docket No.: FAA-2014-0142] RIN 2120-AA66 Federal Contract Tower Safety Action Program (SAFER-FCT and Air Traffic Safety Action Program for Engineers & Architects, Staff Support Specialists, Aviation Technical System Specialists (Series 2186) and Flight Procedures Team (ATSAP-X) AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of Proposed Order Designating Safety Information as Protected from Disclosure

    SUMMARY:

    The FAA is proposing that safety information provided to it by Federal Contract Tower employees (hereinafter “Vendor”) under the SAFER-FCT Program or by Air Traffic Organization Engineers & Architects, Staff Support Specialists, Aviation Technical System Specialists (Series 2186) and Flight Procedures Team (hereinafter “Region X”) under the ATSAP-X program be designated by an FAA Order as protected from public disclosure in accordance with the provisions of 14 CFR part 193. The designation is intended to encourage persons to voluntarily provide information to the FAA under the SAFER-FCT or the ATSAP-X safety reporting programs, so the FAA can learn about and address aviation safety hazards of which it was unaware or more fully understand and implement corrective measures for events known by it through other means. Under 49 U.S.C. 40123, the FAA is required to protect information from disclosure to the public, including disclosure under the Freedom of Information Act (5 U.S.C. 552) or other laws, following the issuance of such Order.

    DATES:

    Comments must be received on or before May 4, 2015.

    ADDRESSES:

    You may send comments identified by docket number FAA-2014-0142 using any of the following methods: via mail to U.S. Department of Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington DC 20590-0339; telephone (202) 366-9826. You must identify the FAA Docket No. FAA-2014-0142 at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Coleen Hawrysko—Group Manager, ATO Safety Programs, Federal Aviation Administration, 490 L'Enfant Plaza, Suite 7200, Washington, DC 20024 or via email at [email protected] or phone at 202-267-8807.

    SUPPLEMENTARY INFORMATION: Comments Invited

    Interested parties are invited to participate in this proposed designation by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal.

    Communications should clearly identify docket number FAA-2014-0142 and be submitted in triplicate to the Docket Management System (see ADDRESSES section for address and phone number). Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed stamped postcard on which the following statement is made: “Comments to FAA-2014-0142. The postcard will be date/time stamped and returned to the commenter.

    All communications received on or before the closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this proposed designation will be filed in the docket.

    Availability of This Proposed Designation

    An electronic copy of this document may be downloaded through the Internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.gov/airports_airtraffic/air_traffic/publications.

    You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the ADDRESSES section for the address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined during normal business hours at the Northwest Mountain Regional Office of the Federal Aviation Administration, Air Traffic Organization, Western Service Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA 98057.

    You can get an electronic copy using the Internet by:

    1. Searching the Department of Transportation's electronic Docket Management System (DMS) Web page); http://www.regulations.gov;

    2. Visiting the FAA's Regulations and Polices Web page at http://www.faa.gov/regulations_policies; or

    3. Accessing the Government Publishing Office's Web page at http://www.thefederalregister.org/fdsys/browse/collection.action?collectionCode=FR.

    Privacy Act: Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477) or you may visit http://www.regulations.gov.

    Background

    Under Title 49 of the United States Code (49 U.S.C.), section 40123, certain voluntarily provided safety and security information is protected from disclosure in order to encourage persons to provide the information. The FAA must first issue an Order that specifies why the agency finds that the information should be protected in accordance with 49 U.S.C., section 40123. The FAA's rules for implementing that section are in 14 CFR part 193. If the Administrator issues an Order designating information as protected under 49 U.S.C., section 40123, that information will not be disclosed under the Freedom of Information Act (Title 5 of the United States Code (5 U.S.C.), section 552) or other laws, except as provided in 49 U.S.C. 40123, 14 CFR part 193, and the Order designating the information as protected. This Order is issued under part 193, section 193.11, which sets out the notice procedure for designating information as protected.

    2. Applicability

    This proposed designation is applicable to any FAA office that receives information covered under this designation from the SAFER-FCT Program or the ATSAP-X Program, both of which will be incorporated in FAA Order 7200.20, Voluntary Safety Reporting Programs. The proposed designation would also apply to any other government agency that receives such information from the FAA. For any other government agency to receive SAFER-FCT or ATSAP-X information covered under the proposed designation from the FAA, each such agency must first stipulate, in writing, that it will abide by the provisions of part 193 and the Order designating the SAFER-FCT and ATSAP-X information as protected from public disclosure under 14 CFR part 193.

    3. Summary

    a. Qualified Participants. Region X employees who are covered under the Consolidated Collective Bargaining agreement (CBA) between NATCA and the FAA effective May 22, 2013, or its successor, and other employees identified in FAA Order 7200.22 which will be incorporated in FAA Order 7200.20, are eligible to complete a ATSAP-X report for events that occur while acting in that capacity. Vendor employees Union or Non-Union who are covered under the FAA and the Federal Contract Tower September 2011 contract, or its successor, and other employees identified in FAA Order 7200.20 are eligible to complete a SAFER-FCT report for events that occur while acting in that capacity.

    b. Voluntarily-Provided Information Protected From Disclosure Under the Proposed Designation

    Except for SAFER-FCT or ATSAP-X reports that involve possible criminal conduct, substance abuse, controlled substances, alcohol, or intentional falsification, the following information would be protected from disclosure:

    (1) the content of any report concerning an aviation safety or security matter that is submitted by a qualified participant under the SAFER-FCT or ATSAP-X that is accepted into either program, including the SAFER-FCT or ATSAP-X report, and the name of the submitter of the report. Notwithstanding the foregoing, mandatory information about occurrences that are required to be reported under FAA Orders or ATO guidance is not protected under this designation, unless the same information has also been submitted or reported under other procedures prescribed by the Agency. The exclusion is necessary to assure that the information protected under this designation has been voluntarily submitted. It also permits changes to ATO Orders and guidance without requiring a change to this designation.

    (2) Any evidence gathered by the Event Review Committee during its investigation of a safety- or security-related event reported under SAFER-FCT or ATSAP-X, including the SAFER-FCT or ATSAP-X investigative file.

    Note:

    The type of information or circumstances under which the information listed above would not be protected from disclosure is discussed in paragraph 3.b of this Order.

    c. Ways to Participate. FAA employees who are qualified participants register for, and submit a report into, the system.

    d. Duration of This Information-Sharing Program. This program continues as long as it is provided for by Order or a collective bargaining agreement.

    4. Findings

    The FAA designates information received from a SAFER-FCT or ATSAP-X submission as protected under 49 U.S.C. 40123 and 14 CFR 193.7, based on the following findings:

    a. Summary of why the FAA finds that the information will be provided voluntarily. The FAA finds that the information will be provided voluntarily. This finding is supported by the significant increase in reports of safety-related matters since the implementation of voluntary safety reporting programs. No FAA or Vendor employee is required to participate in the SAFER-FCT or ATSAP-X.

    b. Description of the type of information that may be voluntarily provided under the program and a summary of why the FAA finds that the information is safety- related.

    (1) The following types of reports are ordinarily submitted under the SAFER-FCT or ATSAP-X:

    i. Noncompliance reports. Noncompliance reports identify specific instances of a failure to follow FAA directives.

    ii. Aviation safety concern reports. Aviation safety concerns that do not involve specific noncompliance with FAA directives. These may include, but are not limited to potential safety events or perceived problems with policies, procedures, and equipment.

    (2) Region X employees support the design, delivery and efficiency of flight services throughout the National Airspace System (NAS) facilities, systems and equipment. Reports submitted by these employees under ATSAP-X ordinarily involve matters or observations occurring during the performance of their job responsibilities, and therefore the information submitted is inherently safety related. Vendor employees provide and support the provision of air traffic services at Federal Contract Tower facilities throughout the NAS. Reports submitted by these employees under SAFER-FCT ordinarily involve occurrences or problems identified or experienced during the performance of their job responsibilities which directly affect safety.

    c. Summary of why the FAA finds that the disclosure of the information would inhibit persons from voluntarily providing that type of information.

    The FAA finds that disclosure of the information would inhibit the voluntary provision of that type of information. Employees are unwilling to voluntarily provide detailed information about safety events and concerns, including those that might involve their own failures to follow Agency directives and policies, if such information could be released publicly. If information is publicly disclosed, there is a strong likelihood that the information could be misused for purposes other than to address and resolve the reported safety concern. Unless the FAA can provide assurance that safety-related reports will be withheld from public disclosure, employees will not participate in the programs.

    d. Summary of why the receipt of that type of information aids in fulfilling the FAA's safety responsibilities.

    The FAA finds that receipt of information in SAFER-FCT or ATSAP-X reports aids in fulfilling the FAA's safety responsibilities. Because of its capacity to provide early identification of needed safety improvements, this information offers significant potential for addressing hazards that could lead to incidents or accidents. In particular, one of the benefits of both the SAFER-FCT and ATSAP-X is that they encourage the submission of narrative descriptions of occurrences that provide more detailed information than is otherwise available. The SAFER-FCT and ATSAP-X have produced safety-related data that is not available from any other source. Receipt of this previously unavailable information has provided the FAA with an improved basis for modifying procedures, policies, and regulations to improve safety and efficiency.

    e. Consistencies and inconsistencies with FAA safety responsibilities.

    The FAA finds that withholding SAFER-FCT and ATSAP-X information from public release is consistent with the FAA's safety responsibilities, because it encourages individuals to provide important safety information that it otherwise might not receive.

    (1) Withholding SAFER-FCT and ATSAP-X information from disclosure, as described in this designation, is consistent with the FAA's safety responsibilities. Without the Agency's ability to assure that the detailed information reported under these programs, which often explains why the event occurred or describes underlying problems, will not be disclosed, the information will not be provided to the FAA. Employees are concerned that public release of the information could result in potential misuses of the information that could affect them negatively. If the FAA does not receive the information, the FAA and the public will be deprived of the opportunity to make the safety improvements that receipt of the information otherwise enables. Corrective action under SAFER-FCT and ATSAP-X can be accomplished without disclosure of protected information. For example, for acceptance under both programs, the reporting employee must comply with Event Review Committee recommendations for corrective action, such as additional training for an employee. If the employee fails to complete corrective action in a manner satisfactory to all members of the Event Review Committee, the event may be referred to an appropriate office within the FAA for any additional investigation, reexamination, and/or action, as appropriate.

    (2) The FAA may release SAFER-FCT or ATSAP-X information submitted to the agency, as specified in Part 193 and this Order. For example, to explain the need for changes in FAA policies, procedures, and regulations, the FAA may disclose de-identified, summarized information that has been derived from SAFER-FCT or ATSAP-X reports or extracted from the protected information listed under paragraph 5b. The FAA may disclose de-identified, summarized SAFER-FCT or ATSAP-X information that identifies a systemic problem in the NAS, when a party needs to be advised of the problem in order to take corrective action. Under the current version of FAA Order N JO 7200.20, reported events and possible violations may be subject to investigation, reexamination, and/or action. Although the report itself and the content of the report are not used as evidence, the FAA may use the knowledge of the event or possible violation to generate an investigation, and, in that regard, the information is not protected from disclosure. To withhold information from such limited release would be inconsistent with the FAA's safety responsibilities. In addition, reports that appear to involve possible criminal activity, substance abuse, controlled substances, alcohol, or intentional falsification will be referred to an appropriate FAA office for further handling. The FAA may use such reports for enforcement purposes, and will refer such reports to law enforcement agencies, if appropriate. To withhold information in these circumstances would be inconsistent with the agency's safety responsibilities because it could prevent, or at least diminish the FAA's ability to effectively address egregious misconduct.

    f. Summary of how the FAA will distinguish information protected under part 193 from information the FAA receives from other sources.

    All employee SAFER-FCT and ATSAP-X reports are clearly labeled as such. Each employee must submit their own report.

    5. Designation

    The FAA designates the information described in paragraph 5b to be protected from disclosure in accordance with 49 U.S.C., section 40123 and 14 CFR part 193.

    Issued in Washington, DC on March 27, 2015. Michael P. Huerta, Administrator, Federal Aviation Administration.
    [FR Doc. 2015-07743 Filed 4-2-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-133489-13] RIN 1545-BL76 Allocation of Controlled Group Research Credit AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Notice of proposed rulemaking by cross-reference to temporary regulations and notice of public hearing.

    SUMMARY:

    This document contains proposed regulations relating to the allocation of the group credit. The proposed regulations will affect certain taxpayers claiming the credit. In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations providing guidance relating to the allocation of the credit for increasing research activities (research credit) to corporations and trades or businesses under common control (controlled groups). The temporary regulations also contain rules relating to the allocation of the railroad track maintenance credit (RTMC) and the election for a reduced research credit. The text of the temporary regulations also serves as the text of these proposed regulations.

    DATES:

    Comments and requests for a public hearing must be received by July 2, 2015.

    ADDRESSES:

    Send submissions to: CC:PA:LPD:PR (REG-133489-13), Room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to: CC:PA:LPD:PR (REG-133489-13), Courier's Desk, Internal Revenue Service, 1111 Constitution Avenue NW., Washington, DC. Submissions may also be sent electronically via the Federal eRulemaking Portal at www.regulations.gov (IRS REG-133489-13). The public hearing will be held in the IRS Auditorium, Internal Revenue Building, 1111 Constitution Avenue NW., Washington, DC.

    FOR FURTHER INFORMATION CONTACT:

    Concerning the regulations, James A. Holmes, (202) 317-4137; concerning submission of comments, the hearing, and/or to be placed on the building access list to attend the hearing, Oluwafunmilayo (Funmi) Taylor at (202) 317-6901 (not toll-free numbers).

    SUPPLEMENTARY INFORMATION: Background

    Temporary regulations in the Rules and Regulations section of this issue of the Federal Register amend the Income Tax Regulations (26 CFR part 1) relating to section 41. The temporary regulations amend §§ 1.41-6,1.45G-1, and 1.280C-4. The regulations are being prescribed to update the regulations in a manner that is consistent with the amendments made to sections 41(f)(1)(A)(ii) and 41(f)(1)(B)(ii) in Section 301(c) of the Act. The text of the temporary regulations also serves as the text of these proposed regulations. The preamble to those regulations explains the amendments.

    Special Analyses

    It has been determined that this notice of proposed rulemaking is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because the regulations do not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Internal Revenue Code, this notice of proposed rulemaking will be submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on their impact on small business.

    Comments and Public Hearing

    Before these proposed regulations are adopted as final regulations, consideration will be given to any comments that are submitted timely to the IRS. The Treasury Department and the IRS request comments on all aspects of the proposed rules. All comments will be available at www.regulations.gov or upon request.

    A public hearing will be scheduled if requested in writing by any person that timely submits written comments. If a public hearing is scheduled, notice of the date, time, and place for the public hearing will be published in the Federal Register.

    Drafting Information

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

    List of Subjects in 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

    Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 1 is proposed to be amended as follows:

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

    26 U.S.C. 7805 * * *

    Section 1.41-6 also issued under 26 U.S.C. 41(f)(1) * * *

    Section 1.45G-1 also issued under 26 U.S.C. 45G(e)(2) * * *

    Section 1.280C-4 also issued under 26 U.S.C. 280C(c)(4) * * *

    Par. 2. Section 1.41-6 is amended to read as follows:
    § 1.41-6. Aggregation of expenditures.

    [The text of the amendments to this proposed section is the same as the text of § 1.41-6T published elsewhere in this issue of the Federal Register].

    Par. 3. Section 1.45G-1 is amended to read as follows:
    § 1.45G-1. Railroad track maintenance credit.

    [The text of the amendments to this proposed section is the same as the text of § 1.45G-1T published elsewhere in this issue of the Federal Register].

    Par. 4. Section 1.280C-4 is amended to read as follows.
    § 1.280C-4. Credit for increasing research activities.

    [The text of the amendments to this proposed section is the same as the text of § 1.280C-4T published elsewhere in this issue of the Federal Register].

    John M. Dalrymple, Deputy Commissioner for Services and Enforcement.
    [FR Doc. 2015-07380 Filed 4-2-15; 8:45 am] BILLING CODE 4830-01-P
    PENSION BENEFIT GUARANTY CORPORATION 29 CFR Parts 4000, 4041A, and 4281 RIN 1212-AB28 Multiemployer Plans; Electronic Filing Requirements AGENCY:

    Pension Benefit Guaranty Corporation.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Pension Benefit Guaranty Corporation (PBGC) is proposing to amend its regulations to require electronic filing of certain multiemployer notices. These changes would make the provision of information to PBGC more efficient and effective.

    DATES:

    Comments must be submitted on or before June 2, 2015.

    ADDRESSES:

    Comments, identified by Regulation Identifier Number (RIN) 1212-AB28, may be submitted by any of the following methods:

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

    Email: [email protected]

    Fax: 202-326-4112.

    Mail or Hand Delivery: Regulatory Affairs Group, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-4026.

    All submissions must include the Regulation Identifier Number for this rulemaking (RIN 1212-AB28). Comments received, including personal information provided, will be posted to www.pbgc.gov. Copies of comments may also be obtained by writing to Disclosure Division, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington DC 20005-4026, or calling 202-326-4040 during normal business hours. (TTY and TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4040.)
    FOR FURTHER INFORMATION CONTACT:

    Catherine B. Klion ([email protected]), Assistant General Counsel for Regulatory Affairs, or Donald McCabe ([email protected]), Attorney, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-4026; 202-326-4024. (TTY/TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4024.)

    SUPPLEMENTARY INFORMATION: Executive Summary Purpose of the Regulatory Action

    This proposed rule is part of PBGC's ongoing implementation of the Government Paperwork Elimination Act and is consistent with the Office of Management and Budget's directive to remove regulatory impediments to electronic transactions. The proposal builds in flexibility to allow PBGC to update the electronic filing process as technology advances.

    PBGC's legal authority for this regulatory action comes from section 4002(b)(3) of the Employee Retirement Income Security Act of 1974 (ERISA), which authorizes PBGC to issue regulations to carry out the purposes of title IV of ERISA; section 4041A(f)(2), which gives PBGC authority to prescribe reporting requirements for terminated plans; section 4245(e)(4), which authorizes PBGC to issue regulations on notices related to insolvency and resource benefit levels; and section 4281(d), which directs PBGC to prescribe by regulation the notice requirements to plan participants and beneficiaries in the event of a benefit suspension under an insolvent plan.

    This proposed rule does not involve any conforming amendments reflecting the Multiemployer Pension Reform Act of 2014 (MPRA).1 PBGC expects to address such changes in a future rulemaking.

    1 Division O of the Consolidated and Further Continuing Appropriations Act, 2015, Public Law No. 113-235, enacted December 16, 2014.

    Major Provisions of the Regulatory Action

    This proposed rule would require the following notices to be filed electronically with PBGC: notices of termination under part 4041A, notices of insolvency and of insolvency benefit level under parts 4245 and 4281, and applications for financial assistance under part 4281.

    Background

    The Pension Benefit Guaranty Corporation (PBGC) is a federal corporation created under the Employee Retirement Income Security Act of 1974 (ERISA) to guarantee the payment of pension benefits earned by more than 41 million American workers and retirees in nearly 24,000 private-sector defined benefit pension plans. PBGC administers two insurance programs—one for single-employer defined benefit pension plans and a second for multiemployer defined benefit pension plans.

    The multiemployer program protects benefits of approximately 10 million workers and retirees in approximately 1,400 plans. A multiemployer plan is a collectively bargained pension arrangement involving two or more unrelated employers, usually in a common industry such as construction or trucking, where workers move from employer to employer on a regular basis. Under PBGC's multiemployer program, when a plan becomes insolvent, PBGC provides financial assistance directly to the insolvent plan sufficient to pay guaranteed benefits to participants and beneficiaries, and the reasonable and necessary administrative expenses of the insolvent plan.

    Multiemployer Plan Notices

    ERISA section 4041A provides for two types of multiemployer plan terminations: mass withdrawal and plan amendment. A mass withdrawal termination occurs when all employers withdraw or cease to be obligated to contribute to the plan. A plan amendment termination occurs when the plan adopts an amendment that provides that participants will receive no credit for service with any employer after a specified date, or an amendment that makes it no longer a covered plan. Unlike terminated single-employer plans, terminated multiemployer plans generally continue to pay all vested benefits out of existing plan assets and withdrawal liability payments. PBGC's regulation on Termination of Multiemployer Plans (29 CFR part 4041A) implements these provisions, among other things by requiring the plan sponsor of a terminated multiemployer plan to file with PBGC a notice of termination containing basic information necessary to alert PBGC to possible demands on the multiemployer insurance program.

    ERISA section 4245(e) requires two types of notice:

    • Notice of insolvency, which states a plan sponsor's determination that the plan is or may become insolvent.

    • Notice of insolvency benefit level, which states the level of benefits that will be paid during an insolvency year.

    Section 4245(e)(4) provides that these notices are to be given in accordance with rules promulgated by PBGC. PBGC's regulation on Notice of Insolvency, 29 CFR part 4245, establishes the procedure for complying with these notice requirements. The regulation allows a single notice of insolvency to cover more than one plan year, thereby generally permitting plan sponsors to file only a single notice (a notice of insolvency benefit level) for any future year. The regulation also prescribes, among other things, the manner in which the notices must be given. The recipients of these notices include PBGC, in addition to other parties.

    PBGC's regulation on Duties of Plan Sponsor Following Mass Withdrawal (29 CFR part 4281) implements the requirements of ERISA section 4281. The regulation prescribes rules under which plan sponsors must:

    • Provide notices to PBGC and to participants and beneficiaries that a plan is, or will be, insolvent (§§ 4281.43 and 4281.44).

    • Provide notices of insolvency benefit level to PBGC and to participants and beneficiaries who are in pay status or may reasonably be expected to enter pay status during the year (§§ 4281.45 and 4281.46).

    • Submit an application to PBGC for financial assistance if a plan is, or will be, unable to pay guaranteed benefits when due (§ 4281.47).

    Mandatory Electronic Filing

    Section 4000.3 of PBGC's regulation on Filing, Issuance, Computation of Time, and Record Retention (29 CFR part 4000) already requires electronic filing of premium declarations under part 4007 (Payment of Premiums) and information required under part 4010 (Annual Financial and Actuarial Information Reporting).

    Proposed Regulatory Changes

    PBGC is proposing to require electronic filing of the following multiemployer plan filings:

    • Notices of termination under part 4041A.

    • Notices of insolvency and of insolvency benefit level under part 4245.

    • Notices of insolvency and of insolvency benefit level under part 4281 (following mass withdrawal).

    • Applications for financial assistance under part 4281 (following mass withdrawal).

    PBGC would grant case-by-case exemptions to the electronic filing requirement in appropriate circumstances for filers that demonstrate good cause for exemption. PBGC believes that requiring electronic filing for these notices would result in benefits for both the public and the government.

    Electronic filing would simplify the filing process for the public by building in all required and optional fields and including readily accessible guidance in the application. This is expected to reduce the need to contact PBGC for assistance. PBGC estimates that the amendments in the proposed rule would result in a total savings in administrative burdens for the public of 25 percent (about 22 hours and $99,000 annually).

    Electronic filing would also result in greater efficiencies for the government. Currently, documents submitted by filers need to be manually uploaded to electronic depositories. With electronic filing, those documents would be automatically uploaded. Electronic filing would also save the government time by reducing the need to provide assistance to filers. It would also improve the government's recordkeeping, records retrieval, and records archiving process by eliminating the possibility of missing or lost paper files due to human error.

    Moreover, the PBGC expects electronic filing will improve the government's ability to protect potential personally identifiable information (PII), or otherwise sensitive information, since only pre-approved personnel will have access to PBGC's electronic records systems, and limited access will be approved for officials of pension plans.

    PBGC is not proposing at this time to require electronic filing of notices of benefit reduction and of restoration of benefits under part 4281. PBGC may in the future require that other multiemployer filings also be made electronically.

    Applicability

    The amendments to all these regulations would be applicable for filings made on or after January 1, 2016.

    Compliance With Rulemaking Requirements Executive Order 12866 “Regulatory Planning and Review” and Executive Order 13563 “Improving Regulation and Regulatory Review”

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

    Under Section 3(f)(1) of Executive Order 12866, a regulatory action is economically significant if “it is likely to result in a rule that may . . . [h]ave an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities.” PBGC has determined that this proposed rule does not cross the $100 million threshold for economic significance and is not otherwise economically significant (see discussion above).

    Regulatory Flexibility Act

    The Regulatory Flexibility Act imposes certain requirements with respect to rules that are subject to the notice and comment requirements of section 553(b) of the Administrative Procedure Act and that are likely to have a significant economic impact on a substantial number of small entities. Unless an agency determines that a proposed rule is not likely to have a significant economic impact on a substantial number of small entities, section 603 of the Regulatory Flexibility Act requires that the agency present an initial regulatory flexibility analysis at the time of the publication of the proposed rule describing the impact of the rule on small entities and seeking public comment on such impact. Small entities include small businesses, organizations and governmental jurisdictions.

    For purposes of the Regulatory Flexibility Act requirements with respect to this proposed rule, PBGC considers a small entity to be a plan with fewer than 100 participants. This is the same criterion PBGC uses in other aspects of its regulations involving small plans, and is consistent with certain requirements in Title I of ERISA and the Internal Revenue Code, as well as the definition of a small entity that the Department of Labor (DOL) has used for purposes of the Regulatory Flexibility Act.

    Thus, PBGC believes that assessing the impact of the proposal on small plans is an appropriate substitute for evaluating the effect on small entities. The definition of small entity considered appropriate for this purpose differs, however, from a definition of small business based on size standards promulgated by the Small Business Administration (13 § CFR 121.201) pursuant to the Small Business Act. PBGC therefore requests comments on the appropriateness of the size standard used in evaluating the impact on small entities of the proposed amendments to the reportable events regulation.

    On the basis of its proposed definition of small entity, PBGC certifies under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that the amendments in this rule would not have a significant economic impact on a substantial number of small entities. Very few multiemployer plans are small.2 And, as discussed above, the amendments would not have a significant economic impact on entities of any size. Accordingly, as provided in section 605 of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), sections 603 and 604 would not apply. PBGC invites public comment on this burden estimate.

    2 According to data from 2012 5500 filings, only 32 of 1,407 active plans have fewer than 100 participants. Further, PBGC is not aware of a multiemployer plan that was established and covered by ERISA that was not initially a large plan. Generally it is only after a plan terminates and employers withdraw from the plan that a plan might reduce in size to fewer than 100 participants.

    Paperwork Reduction Act

    PBGC is submitting the information requirements under this proposed rule to the Office of Management and Budget (OMB) for review and approval under the Paperwork Reduction Act. 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 collection of information in Part 4041A is approved under control number 1212-0020 (expires June 30, 2017). PBGC estimates that there will be 10 respondents each year and that the total annual burden of the collection of information will be about 17 hours and $3,850.00 (about 2 hours and $385 per respondent).

    The collection of information in Part 4245 is approved under control number 1212-0033 (expires June 30, 2017). PBGC estimates that there will be one respondent each year and that the total annual burden of the collection of information will be about $1,550.

    The collection of information in Part 4281 is approved under control number 1212-0032 (expires July 31, 2017). PBGC estimates that there will be 324 respondents each year and that the total annual burden of the collection of information will be about 61 hours and $309,000 (about $950 per respondent).

    Copies of PBGC's requests will be posted at http://www.pbgc.gov/res/laws-and-regulations/information-collections-under-omb-review.html and may also be obtained free of charge by contacting the Disclosure Division of the Office of the General Counsel of PBGC, 1200 K Street NW., Washington, DC 20005, 202-326-4040. PBGC is proposing to make changes for the following information collections: notices of termination; notices of insolvency; notices of insolvency benefit level; and applications for financial assistance.

    Comments on the paperwork provisions under this proposed rule should be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Pension Benefit Guaranty Corporation, via electronic mail at [email protected] or by fax to (202) 395-6974. Although comments may be submitted through June 2, 2015, the Office of Management and Budget requests that comments be received on or before May 4, 2015 to ensure their consideration. Comments may address (among other things)—

    • Whether each proposed collection of information is needed for the proper performance of PBGC's functions and will have practical utility;

    • The accuracy of PBGC's estimate of the burden of each proposed collection of information, including the validity of the methodology and assumptions used;

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

    • Minimizing the burden of each 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.

    List of Subjects 29 CFR Part 4000

    Pension insurance, Pensions, Reporting and recordkeeping requirements.

    29 CFR Part 4041A

    Employee benefit plans, Pension insurance, Reporting and recordkeeping requirements.

    29 CFR Part 4281

    Employee benefit plans, Pension insurance, Reporting and recordkeeping requirements.

    For the reasons given above, the PBGC is proposing to amend 29 CFR parts 4000, 4041A, and 4281 as follows.

    PART 4000—FILING, ISSUANCE, COMPUTATION OF TIME, AND RECORD RETENTION 1. The authority citation for part 4000 continues to read as follows: Authority:

    29 U.S.C. 1082(f), 1302(b)(3).

    2. In § 4000.3, add paragraph (b)(3) to read as follows:
    § 4000.3 What methods of filing may I use?

    (b) * * *

    (3) When making filings to PBGC under parts 4041A, 4245, and 4281 of this chapter (except for notices of benefit reductions and notices of restoration of benefits under part 4281), you must submit the information required under these parts electronically in accordance with the instructions on the PBGC's Web site, except as otherwise provided by the PBGC.

    PART 4041A—TERMINATION OF MULTIEMPLOYER PLANS 3. The authority citation for part 4041A continues to read as follows: Authority:

    29 U.S.C. 1302(b)(3), 1341a, 1441.

    4. In § 4041A.11, add new paragraph (d) to read as follows:
    § 4041A.11 Requirement of notice.

    (d) How and where to file. Filings to PBGC under this subpart must be submitted in accordance with the rules in subpart A of part 4000 of this chapter. See § 4000.4 of this chapter for information on where to file.

    § 4041A.25 [Amended]
    5. In § 4041A.25, amend paragraph (d) by removing the words “of the PBGC” and adding in their place “to the PBGC”. PART 4281—DUTIES OF PLAN SPONSOR FOLLOWING MASS WITHDRAWAL 6. The authority citation for part 4281 continues to read as follows: Authority:

    29 U.S.C. 1302(b)(3), 1341a, 1399(c)(1)(D) and 1441.

    7. In § 4281.3, revise paragraph (b) to read as follows:
    § 4281.3 Filing and issuance rules.

    (b) Method of issuance. For rules on method of issuance to interested parties, see § 4281.32(c) for notices of benefit reductions, § 4281.43(e) for notices of insolvency, and § 4281.45(c) for notices of insolvency benefit level.

    8. In § 4281.43, revise paragraph (a) to read as follows:
    § 4281.43 Notices of insolvency.

    (a) Requirement of notices of insolvency. A plan sponsor that determines that the plan is, or is expected to be, insolvent for a plan year shall file with the PBGC and issue to plan participants and beneficiaries notices of insolvency. Once notices of insolvency have been filed with the PBGC and issued to plan participants and beneficiaries, no notice of insolvency needs to be issued for subsequent insolvency years. Notices shall be delivered in the manner and within the time prescribed in this section and shall contain the information described in § 4281.44.

    9. In § 4281.47, revise paragraph (b) to read as follows:
    § 4281.47 Application for financial assistance.

    (b) When, how, and where to apply. When the plan sponsor determines a resource benefit level that is less than guaranteed benefits, it shall apply for financial assistance at the same time that it submits its notice of insolvency benefit level pursuant to § 4281.45. When the plan sponsor determines an inability to pay guaranteed benefits for any month, it shall apply for financial assistance within 15 days after making that determination. Application to the PBGC for financial assistance shall be made in accordance with the rules in subpart A of part 4000 of this chapter. See § 4000.4 of this chapter for information on where to apply.

    Issued in Washington, DC, this 30th day of March 2015. Judith R. Starr, General Counsel, Pension Benefit Guaranty Corporation.
    [FR Doc. 2015-07602 Filed 4-2-15; 8:45 am] BILLING CODE 7709-02-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 110 [Docket Number USCG-2014-0991] RIN 1625-AA01 Anchorage Grounds; Lower Mississippi River Below Baton Rouge, LA, Including South and Southwest Passes; New Orleans, LA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Advance notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard is considering amending the regulations for Cedar Grove Anchorage and establishing two new anchorages, Point Michele Anchorage and Plaquemines Point Anchorage on the Lower Mississippi River (LMR), Above Head of Passes (AHP). These actions are being considered to increase the available anchorage areas in this section of the river necessary to accommodate vessel traffic and improve navigation safety for vessels transiting this area, providing for the overall safe and efficient flow of vessel traffic and commerce. The Coast Guard is seeking comments and information about what form the proposed amendment and new regulations should take and the actual need for them.

    DATES:

    Comments and related material must be received by the Coast Guard on or before June 2, 2015. Requests for a public meeting must be received on or before April 20, 2015.

    ADDRESSES:

    Documents mentioned in this preamble are part of Docket Number USCG-2014-0991. To view documents mentioned in this preamble as being available in the docket, go to 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 rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    You may submit comments, identified by docket number, using any one of the following methods:

    (1) Federal eRulemaking Portal: http://www.regulations.gov.

    (2) Fax: (202) 493-2251.

    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202-366-9329.

    See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email Lieutenant Commander (LCDR) Christopher Tuckey, Waterways Management, District Eight, U.S. Coast Guard; telephone (504) 671-2112, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

    SUPPLEMENTARY INFORMATION:

    Table of Acronyms AHP Above Head of Passes CFR Code of Federal Regulation DHS Department of Homeland Security FR Federal Register LMR Lower Mississippi River LWRP Low Water Reference Point MNSA Maritime Navigation Safety Association NPRM Notice of Proposed Rulemaking A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided.

    1. Submitting Comments

    If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online at http://www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission.

    To submit your comment online, go to http://www.regulations.gov, type the docket number in the “SEARCH” box and click “SEARCH.” Click on “Submit a Comment” on the line associated with this rulemaking.

    If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81/2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments.

    2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this advance notice of proposed rulemaking. The following Web address should take you directly to the docket: http://www.regulations.gov/#!docketDetail;D=USCG-2014-0991. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    3. Privacy Act

    Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316).

    4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a request for one, using one of the methods specified under ADDRESSES. Requests for a public meeting must be received on or before April 20, 2015. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register.

    B. Regulatory History and Information

    Under title 33 Code of Federal Regulation (CFR) § 109.05, U.S. Coast Guard District Commanders are delegated the authority to establish anchorage grounds by the Commandant of the U.S. Coast Guard. The Coast Guard establishes Anchorage Grounds under authority of the authority in section 7 of the act of March 4, 1915, as amended (38 Stat. 1053; 33 U.S.C. 471) and places these regulations in title 33 CFR part 110, subpart B. [CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 86-082, 52 FR 33811, Sept. 8, 1987; USCG-1998-3799, 63 FR 5526, June 30, 1998]. The Coast Guard is now considering a proposed rulemaking to amend an existing anchorage ground, Cedar Grove Anchorage, 33 CFR 110.195(a)(12), and to establish two new anchorage grounds: Point Michele Anchorage and Plaquemines Point Anchorage.

    C. Basis and Purpose

    The legal basis and authorities for this advance notice of proposed rulemaking are found in 33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-1, Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to propose, establish, and define regulatory anchorages. The Coast Guard is considering an amendment to increase the size of the existing Cedar Grove Anchorage, established under 33 CFR 110.195(a)(12). The Coast Guard is also considering establishing two new anchorage grounds; Point Michele Anchorage and Plaquemines Point Anchorage.

    The Coast Guard received requests from the Crescent River Port Pilot's Association and the New Orleans Baton Rouge River Pilot's Association to consider amending an existing anchorage and establishing two new anchorages. These requests were presented and discussed at a Maritime Navigation Safety Association (MNSA) meeting on August 12, 2014 and at a Port Safety Council Meeting on September 10, 2014. At both meetings, there were no objections or comments received from attendees.

    The purpose of this ANPRM is to solicit input and comments on potential proposed rulemakings to: (1) Increase the available anchorage areas in this section of the river necessary to help accommodate increasing vessel traffic; and (2) improve navigation safety for vessels transiting this river section. The objective would be to establish additional anchorage areas intended to increase the safety of life and property on navigable waters, while ensuring that the needs and concerns of all stakeholders are addressed through the rulemaking process. More specifically, the objective is to improve the safety of anchored vessels in Cedar Grove Anchorage and provide for two additional anchorage areas to address the increased waterway congestion improve the overall safe and efficient flow of vessel traffic and commerce.

    D. Discussion

    The Coast Guard is considering amending the Cedar Grove Anchorage so that the anchorage's overall length would be increased by two (2) tenths of a mile, shifting the lower limit down river four (4) tenths of a mile from mile 69.9 to mile 69.5 and shifting the upper limit down river from mile 71.1 to mile 70.9. With such a change, we would see the need to move and rename the Upper Anchorage Daybeacon Light List Number (LLNR) 13570 and Lower Anchorage Daybeacon LLNR 13555.

    You may find a picture with an illustration of the amended anchorage we are considering in our online docket (http://www.regulations.gov/#!docketDetail;D=USCG-2014-0991). Look for Illustration of Contemplated Cedar Grove Anchorage.

    The existing Cedar Grove Anchorage is described in 33 CFR 110.195(a)(12).

    The Coast Guard is also considering establishing two new anchorages. One would be at Point Michele and another at Plaquemines Point.

    For the Point Michele anchorage we are considering an area 1.2 miles in length along the right descending bank of the river extending from mile 40.8 to mile 42.0 Above Head of Passes that would be approximately 500 feet wide. We are considering making the inner boundary of the anchorage a line parallel to the nearest bank 400 feet from the water's edge into the river as measured from the low water reference plane (LWRP). We are considering making the outer boundary of the anchorage a line parallel to the nearest bank 900 feet from the water's edge into the river as measured from the LWRP.

    You can find a drawing of this contemplated anchorage in the docket. Look for Illustration of Contemplated Point Michele Anchorage.

    For the Plaquemines Point Anchorage we are considering an area 0.5 miles in length along the right descending bank of the river extending from mile 203.9 to mile 204.4 Above Head of Passes approximately 500 feet wide. We are considering making the inner boundary of the anchorage a line parallel to the nearest bank 500 feet from the water's edge into the river as measured from the LWRP and making the outer boundary of the anchorage a line parallel to the nearest bank 1000 feet from the water's edge into the river as measured from the LWRP. Look for Illustration of Contemplated Plaquemines Point Anchorage to find a drawing of this contemplated anchorage in the docket.

    E. Information Requested

    Public participation is requested to assist in determining the best way forward in developing a rulemaking to amend and establish anchorage areas on the LMR. To aid us in developing a proposed rule, we seek any comments, whether positive or negative, including but not limited to the impacts an increase in anchorage area may have on navigation safety and current vessel traffic in this area of the LMR. Please submit any comments or concerns you may have in accordance with the “submitting comments” section above.

    This document is issued under authority of 5 U.S.C. 552; 33 CFR 1.05-1, and 1.05-30.

    Dated: March 17, 2015. K.S. Cook, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
    [FR Doc. 2015-07504 Filed 4-2-15; 8:45 am] BILLING CODE 9110-04-P
    ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD 36 CFR Parts 1193 and 1194 [Docket No. ATBCB-2015-0002] RIN 3014-AA37 Information and Communication Technology (ICT) Standards and Guidelines AGENCY:

    Architectural and Transportation Barriers Compliance Board.

    ACTION:

    Notice of hearing.

    SUMMARY:

    The Architectural and Transportation Barriers Compliance Board (Access Board) will hold a public hearing on its recent Information and Communication Technology (ICT) Standards and Guidelines Notice of Proposed Rulemaking.

    DATES:

    The hearing will be held on April 29, 2015, from 4:00 p.m. to 5:00 p.m., Salt Lake City, UT. To preregister to testify at the hearing, contact Kathy Johnson at (202) 272-0041 (voice), (202) 272-0082 (TTY), or [email protected]

    ADDRESSES:

    The hearing will be held at the Division of Services for the Blind and Visually Impaired, 250 North 1950 West #B, Salt Lake City, UT 84101.

    FOR FURTHER INFORMATION CONTACT:

    Timothy Creagan, Access Board, 1331 F Street NW., Suite 1000, Washington, DC 20004-1111. Telephone: (202) 272-0016 (voice) or (202) 272-0074 (TTY). Email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    On February 27, 2015, the Access Board published a notice of proposed rulemaking in the Federal Register to update its guidelines for telecommunications equipment covered by Section 255 of the Communications Act and its standards for electronic and information technology covered by Section 508 of the Rehabilitation Act (80 FR 10880, February 27, 2015). The comment period closes on May 28, 2015.

    The Board has already held two public hearings. The first hearing was in San Diego, CA in conjunction with the 30th Annual International Technology and Persons with Disabilities Conference (CSUN Conference); the second hearing was in Washington, DC during the Access Board's March 2015 Board meeting. The Access Board is adding a third hearing in Salt Lake City. Witnesses can only testify in person. All comments from this and prior hearings will be included in the rulemaking docket.

    The hearing will be accessible to persons with disabilities. An assistive listening system, communication access real-time translation, and sign language interpreters will be provided. Persons attending the hearing are requested to refrain from using perfume, cologne, and other fragrances for the comfort of other participants (see http://www.access-board.gov/the-board/policies/fragrance-free-environment for more information). More information and any updates to the hearings will be posted on the Access Board's Web site at http://www.access-board.gov/ictrefresh.

    David M. Capozzi, Executive Director.
    [FR Doc. 2015-07609 Filed 4-2-15; 8:45 am] BILLING CODE 8150-01-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 50, 51, and 93 [EPA-HQ-OAR-2013-0691; FRL-9925-73-OAR] RIN 2060-AQ48 Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan Requirements AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of public hearing and extension of comment period.

    SUMMARY:

    The Environmental Protection Agency (EPA) is announcing a public hearing to be held for the proposed rule titled, “Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan Requirements” which published in the Federal Register on March 23, 2015. The hearing will be held on Wednesday, April 29, 2015, in Washington, DC The EPA is also announcing extension of the comment period for the proposed rule to May 29, 2015, to allow for sufficient time after the public hearing for commenters to submit comments.

    DATES:

    Public Hearing. The public hearing will be held on April 29, 2015, in Washington, DC Please refer to SUPPLEMENTARY INFORMATION for additional information on the public hearing. Comments. Comments must be received on or before May 29, 2015.

    ADDRESSES:

    Public Hearing. The April 29, 2015, public hearing will be held at the EPA, William Jefferson Clinton East Building, Room 1117A, 1201 Constitution Avenue NW., Washington, DC 20004. Identification is required. If your driver's license is issued by Alaska, American Samoa, Arizona, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Montana, New York, Oklahoma, or the state of Washington, you must present an additional form of identification to enter (see SUPPLEMENTARY INFORMATION for additional information on this location).

    Comments. Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2013-0691, by one of the following methods:

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

    Email: [email protected].

    Mail: Air and Radiation Docket and Information Center, Attention Docket ID No. EPA-HQ-OAR-2013-0691, Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania Avenue NW., Washington, DC 20460. In addition, please mail a copy of your comments on the information collection (ICR) provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th Street NW., Washington, DC 20503.

    Hand Delivery: Air and Radiation Docket and Information Center, Attention Docket ID No. EPA-HQ-OAR-2013-0691, Environmental Protection Agency in the EPA Headquarters Library, Room No. 3334 in the EPA Docket Center, located at William Jefferson Clinton Building West, 1301 Constitution Avenue NW., Washington, DC 20004. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for delivery of boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-2013-0691. The EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site is an “anonymous access” system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption and be free of any defects or viruses. For additional information about the EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For additional instructions on submitting comments, go to the SUPPLEMENTARY INFORMATION section of this document.

    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http://www.regulations.gov or in hard copy at the Air and Radiation Docket and Information Center in the EPA Headquarters Library, Room No. 3334 in the William Jefferson Clinton Building West, located at 1301 Constitution Avenue NW., Washington, DC 20460. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The phone number for the Public Reading Room is (202) 566-1744.

    FOR FURTHER INFORMATION CONTACT:

    If you would like to speak at the public hearing, please contact Ms. Pamela Long, U.S. Environmental Protection Agency, OAQPS, Air Quality Planning Division, (C504-01), Research Triangle Park, NC 27711, telephone (919) 541-0641, fax number (919) 541-5509, email address [email protected], no later than April 27, 2015. If you have any questions relating to the public hearing, please contact Ms. Long at the above number.

    Questions concerning the March 23, 2015, proposed rule should be addressed to Mr. Rich Damberg, U.S. EPA, Office of Air Quality Planning and Standards, State and Local Programs Group, (C539-04), Research Triangle Park, NC 27711, telephone number (919) 541-5592, email at [email protected].

    SUPPLEMENTARY INFORMATION:

    The proposal for which the EPA is holding the public hearing was published in the Federal Register on March 23, 2015, (80 FR 15340), and is available at: http://www.epa.gov/airquality/particlepollution/actions.html and also in docket EPA-HQ-OAR-2013-0691. The public hearing will provide interested parties the opportunity to present data, views, or arguments concerning the proposal. The EPA may ask clarifying questions during the oral presentations, but will not respond to the presentations at that time. Written statements and supporting information that are submitted during the comment period will be considered with the same weight as any oral comments and supporting information presented at the public hearing. Written comments must be postmarked by the last day of the comment period. The proposed rule states that the public comment period will close on May 22, 2015. However, because the public record must remain open at least 30 days beyond the date of the public hearing, the EPA is extending the public comment period to May 29, 2015.

    The public hearing will convene at 9:00 a.m. and end at 6:00 p.m. (Eastern Daylight Saving Time). The EPA will make every effort to accommodate all individuals interested in providing oral testimony. A lunch break is scheduled from 12:00 p.m. until 1:00 p.m. Please note that this hearing will be held at a U.S. government facility. Individuals planning to attend the hearing should be prepared to show valid picture identification to the security staff in order to gain access to the meeting room. The REAL ID Act, passed by Congress in 2005, established new requirements for entering federal facilities. These requirements took effect July 21, 2014. If your driver's license is issued by American Samoa, Arizona, Idaho, Louisiana, Maine, Minnesota, New Hampshire or New York, you must present an additional form of identification to enter the federal building where the public hearing will be held. Acceptable alternative forms of identification include: federal employee badges, passports, enhanced driver's licenses and military identification cards. For additional information for the status of your state regarding REAL ID, go to http://www.dhs.gov/real-id-enforcement-brief. In addition, you will need to obtain a property pass for any personal belongings you bring with you. Upon leaving the building, you will be required to return this property pass to the security desk. No large signs will be allowed in the building, cameras may only be used outside of the building, and demonstrations will not be allowed on federal property for security reasons.

    If you would like to present oral testimony at the hearing, please notify Ms. Pamela Long, U.S. Environmental Protection Agency, OAQPS, Air Quality Planning Division, (C504-01), Research Triangle Park, NC 27711, telephone (919) 541-0641, fax number (919) 541-5509, email address [email protected], no later than 4:00 p.m. EDT on April 27, 2015. Ms. Long will arrange a general time slot for you to speak. The EPA will make every effort to follow the schedule as closely as possible on the day of the hearing.

    Oral testimony will be limited to 5 minutes for each commenter. The EPA encourages commenters to provide the EPA with a copy of their oral testimony electronically (via email) or in hard copy form. The EPA will not provide audiovisual equipment for presentations unless we receive special requests in advance. Commenters should notify Ms. Long if they will need specific equipment. Commenters should also notify Ms. Long if they need specific translation services for non-English speaking commenters.

    The hearing schedule, including the list of speakers, will be posted on the EPA's Web site http://www.epa.gov/airquality/particlepollution/actions.html prior to the hearing. Verbatim transcripts of the hearing and written statements will be included in the docket for the rulemaking.

    How can I get copies of this document and other related information?

    The EPA has established a docket for the proposed rule “Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan Requirements” under Docket ID No. EPA-HQ-OAR-2013-0691 (available at www.regulations.gov). The EPA has made available information related to the proposed rule at this Web site: http://www.epa.gov/airquality/particlepollution/actions.html.

    Dated: March 26, 2015. Stephen D. Page, Director, Office of Air Quality Planning and Standards.
    [FR Doc. 2015-07774 Filed 4-2-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2015-0159; FRL-9925-59-Region 7] Approval and Promulgation of Implementation Plans; State of Iowa; 2015 Iowa State Implementation Plan; Permit Modifications; Muscatine, Iowa AGENCY:

    Environmental Protection Agency.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) for the State of Iowa to include modified permits for Muscatine County, Iowa. The SIP revision addresses modifications to construction permits that were included in the 2006 24-hour particulate matter less than 2.5 micrometers (PM2.5) National Ambient Air Quality Standards (NAAQS) control strategy proposed on August 11, 2014, and published as a final rule in the Federal Register on December 1, 2014, with the effective date of December 31, 2014. The state's submission of modified permits includes a revised air dispersion modeling analysis that demonstrated continued attainment of the 2006 24-hour PM2.5 NAAQS. This action will also make an administrative correction to permit numbers.

    DATES:

    Comments on this proposed action must be received in writing by May 4, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2015-0159 by mail to: Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Road, Lenexa, Kansas 66219. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register.

    FOR FURTHER INFORMATION CONTACT:

    Heather Hamilton (913) 551-7039, or by email at [email protected].

    SUPPLEMENTARY INFORMATION:

    In the final rules section of the Federal Register, EPA is approving the state's revision to the SIP as a direct final rule without prior proposal because the Agency views this as a noncontroversial revision amendment and anticipates no relevant adverse comments to this action. The detailed rationale for the approval is set forth in the technical support document that can be found in Docket ID No. EPA-R07-OAR-2015-0159. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rules based on this proposed action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comments on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this Federal Register.

    List of Subjects in 40 CFR Part 52

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

    Dated: March 20, 2015. Mark Hague, Acting Regional Administrator, Region 7.
    [FR Doc. 2015-07489 Filed 4-2-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 80 [EPA-HQ-OAR-2015-0049; FRL-9924-70-OAR] RIN 2060-AS48 Regulation of Fuels and Fuel Additives: Cellulosic Waiver Credit Price and Minor Amendments to Renewable Fuel Standard Regulations AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to clarify our regulations related to the data sources used to establish the cellulosic waiver credit (CWC) price. We are also proposing to remove references to CWC prices from the renewable fuel standard regulations, and instead intend to post the prices on EPA's Web site. This proposed rule also indicates what the CWC prices for 2014 and 2015 would be using the data sources and methodology contained in the rule; however these prices will not be established until they are posted on our Web site following the effective date of the rule. In addition, we are proposing minor amendments to the renewable fuel standard program regulations to reinsert sections inadvertently overwritten by the Quality Assurance Program final rule published on July 18, 2014. In the “Rules and Regulations” section of this Federal Register, we are making these same amendments as a direct final rule. If we receive no adverse comment, the direct final rule will go into effect and we will not take further action on this proposed rule.

    DATES:

    A request for a public hearing must be received by April 20, 2015. If a public hearing request is received, EPA will publish a notice in the Federal Register indicating the time and place for the hearing. If a public hearing is held, written comments must be received within 30 days after the date of the hearing. If no public hearing is held then comments must be received on or before May 4, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2015-0049, by one of the following methods:

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

    Email: [email protected]

    Mail: Air and Radiation Docket and Information Center, Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

    Hand Delivery: EPA Docket Center, EPA WJC West Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-2015-0049. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For additional instructions on submitting comments, go to Section I.B of the SUPPLEMENTARY INFORMATION section of this document.

    Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air and Radiation Docket and Information Center, EPA/DC, EPA WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Air Docket is (202) 566-1742.

    FOR FURTHER INFORMATION CONTACT:

    Julia MacAllister, Office of Transportation and Air Quality, Assessment and Standards Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; Telephone number: 734-214-4131; Fax number: 734-214-4816; Email address: [email protected], or the public information line for the Office of Transportation and Air Quality; telephone number (734) 214-4333; Email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Why is EPA issuing a proposed rule?

    EPA is proposing to take action to clarify our regulations related to the data sources used to establish the price for cellulosic waiver credits (CWC). EPA is also proposing to remove the CWC prices from our regulations so as to allow the prices to be established in a more expeditious manner. The CWC prices would instead be published on EPA's “Renewable Fuels: Regulations & Standards” Web site (http://www.epa.gov/otaq/fuels/renewablefuels/regulations.htm). EPA is also proposing to reinsert regulatory provisions in the renewable fuel standard (RFS) program regulations that were inadvertently overwritten by the Quality Assurance Program (QAP) final rule (79 FR 42078, July 18, 2014).

    Clarifying the data sources used in calculating the CWC price would eliminate uncertainty regarding EPA's process in establishing the CWC prices, would enable stakeholders to better predict the annual CWC price before it is established, and would allow EPA to establish the CWC price in a more timely manner. This action does not change the formula used to establish the CWC price (listed in our regulations at 40 CFR 80.1456(d)).

    If we receive no relevant adverse comment or hearing request on the direct final rule, we will not take further action on this proposed rule. If EPA receives relevant adverse comment or a hearing request, we will publish a timely withdrawal in the Federal Register of the portions of the direct final rule on which adverse comment was received. We will address all public comments in any subsequent final rule based on this proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule see the ADDRESSES section of this document.

    The proposed changes to the regulatory text are identical to those presented in the direct final rule published in the “Rules and Regulations” section of today's Federal Register. For further information, including a detailed explanation and rationale for the proposal and the text of the proposed regulatory revisions, see the direct final rule published in the “Rules and Regulations” section of today's Federal Register.

    Does this action apply to me?

    Entities potentially affected by this proposed rule are those involved with the production, distribution, and sale of transportation fuels, including gasoline and diesel fuel or renewable fuels such as ethanol and biodiesel. Potentially regulated categories include:

    Category NAICS 1 codes SIC 2 codes Examples of potentially regulated entities Industry 324110 2911 Petroleum refineries. Industry 325193 2869 Ethyl alcohol manufacturing. Industry 325199 2869 Other basic organic chemical manufacturing. Industry 424690 5169 Chemical and allied products merchant wholesalers. Industry 424710 5171 Petroleum bulk stations and terminals. Industry 424720 5172 Petroleum and petroleum products merchant wholesalers. Industry 454319 5989 Other fuel dealers. 1 North American Industry Classification System (NAICS). 2 Standard Industrial Classification (SIC) system code.

    This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this proposed action. This table lists the types of entities that EPA is now aware could potentially be regulated by this proposed action. Other types of entities not listed in the table could also be regulated. To determine whether your activities would be regulated by this action, you should carefully examine the applicability criteria in 40 CFR part 80. If you have any questions regarding the applicability of this proposed action to a particular entity, consult the person listed in FOR FURTHER INFORMATION CONTACT.

    Outline of This Preamble I. Executive Summary II. Clarifications Related to CWC Price Calculation III. CWC Price Calculations for 2014 and 2015 IV. Reinsertion of Inadvertently Overwritten Language V. What Should I Consider as I Prepare My Comments for EPA? VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations VII. Statutory Authority I. Executive Summary

    For any calendar year for which the projected volume of cellulosic biofuel production is less than the applicable volume of cellulosic biofuel set forth in CAA 211(o)(2)(B)(III), EPA must reduce the required volume of cellulosic biofuel for that year to the projected volume, and must provide obligated parties the opportunity to purchase cellulosic waiver credits (CWC). The price of these credits is determined using a formula specified in the CAA.1 The cellulosic waiver credit price is the greater of $0.25 or $3.00 minus the wholesale price of gasoline, where both the $0.25 and $3.00 are adjusted for inflation. In this action we are proposing to clarify the data sources we use to calculate the inflation adjustments used in this formula. This would eliminate potential uncertainty regarding EPA's approach to establishing the CWC prices. We are not making any modifications to the formula used to calculate the CWC price.

    1 CAA 211(o)(7)(D)(ii).

    Additionally, in order to provide more certainty to the market through timely publication of CWC prices, EPA is also amending the procedure it uses to announce CWC prices. To date, we have established the prices by rulemaking and published them in the Code of Federal Regulations. To allow more expeditious publication of these prices, EPA is proposing to remove references to CWC prices from the CFR. The prices would instead be posted by the Office of Transportation and Air Quality within the Office of Air and Radiation on EPA's “Renewable Fuels: Regulations & Standards” Web site (http://www.epa.gov/otaq/fuels/renewablefuels/regulations.htm).

    We are also proposing minor amendments to the regulations to reinsert language applicable to biofuel producers using Arundo donax or Pennisetum purpureum as feedstock, which was inadvertently overwritten by the Quality Assurance Program (QAP) final rule (79 FR 42078, July 18, 2014), and to make minor conforming changes to the numbering of other regulatory provisions.

    II. Clarifications Related to CWC Price Calculation

    EPA is proposing to clarify sections of the regulations related to the CWC price calculation. These proposed changes are consistent with the CWC price formula set forth in the statute, and more specifically, with the statutory direction to adjust certain terms in the formula for inflation. We believe these proposed regulations would more clearly articulate the data sources that EPA uses in calculating the CWC price for each year.

    The regulations that outline the process used by EPA to calculate the CWC price are set forth in 40 CFR 80.1456(d). The regulations currently state that “the wholesale price of gasoline used in the CWC calculation will be calculated by averaging the most recent twelve monthly values for U.S. Total Gasoline Bulk Sales (Price) by Refiners as provided by the Energy Information Administration (EIA) that are available as of September 30 of the year preceding the compliance period.” 2 In practice, given the publication schedule for the referenced EIA publication, this means that EPA calculates the wholesale price of gasoline using data from the 12 months prior to July of the year preceding the compliance period (i.e., July 2011-June 2012 data for the 2013 CWC price). We are not proposing to make any modifications to this portion of the regulations.

    2 40 CFR 80.1456(d)(2).

    The regulations also currently state that the inflation adjustment used in calculating the CWC price will be calculated at the time EPA sets the cellulosic biofuel standard.3 In an effort to provide certainty to the market in relation to the CWC price as soon as reasonably practical, EPA believes it would be preferable to announce the CWC price as soon as the relevant data on the wholesale price of gasoline is available. Therefore, we are proposing to calculate the inflation adjustment using data from June of the year preceding the compliance period. We believe this is appropriate as it is the most recent month within the time period over which we calculate the average wholesale price of gasoline. We are also proposing to eliminate the regulatory references to CWC prices. Instead we intend to announce the CWC price in a notice on our “Renewable Fuels: Regulations & Standards” Web site by November of the year preceding the compliance period. Consistent with previous CWC calculations, EPA would continue to base the inflation adjustment on the Consumer Price Index for All Urban Consumers (CPI-U): U.S. City Average, Unadjusted Index for All Items expenditure category as provided by the Bureau of Labor and Statistics. We are proposing to amend our regulations in this action to clarify that we are using the unadjusted price index, rather than the seasonally adjusted price index, to calculate the inflation adjustment. We believe this is appropriate as the unadjusted index most accurately reflects the prices consumers actually pay and do not change, whereas the seasonally adjusted indexes are subject to revision for up to five years after their release.4 We are also clarifying that we are using “US City Average” data, as opposed to data for geographic subsets of the country. This is appropriate in light of the nation-wide applicability of the RFS program. Both of these changes simply clarify EPA's current practice, and are designed to promote regulatory certainty and understanding by stakeholders.

    3 40 CFR 80.1456(d)(3).

    4 For more information on Seasonally Adjusted vs. Unadjusted Indexes see http://www.bls.gov/cpi/cpisapage.htm.

    We are also proposing to amend the section of our regulations where the CWC price for previous years is listed.5 EPA has included the prices for 2010, 2011, 2012, and 2013 CWCs in our regulations. Promulgating prices in regulations, however, requires EPA to undertake a rulemaking, which we believe may unnecessarily delay the announcement of the CWC price. Furthermore, we believe the CWC price need not be established by rulemaking, for the following reasons. First, the formula and all data sources for the CWC price are specified in our regulations, so the actual price calculation is a procedural action that will not benefit from a notice and comment rulemaking. Second, CWCs are purchased from EPA, and EPA can ensure that the correct price is paid for them. Finally, the publication of the CWC price in the CFR is not necessary for informational purposes as EPA intends to promptly post the CWC prices on our Web site.

    5 40 CFR 80.1405(d).

    Therefore, in this action EPA is proposing to delete the sections of our regulations containing the CWC prices for previous years and is instead including a statement in the regulations indicating that the CWC price for each year will be posted on EPA's “Renewable Fuels: Regulations & Standards” Web site (http://www.epa.gov/otaq/fuels/renewablefuels/regulations.htm). Adopting this approach would allow EPA to announce the CWC prices at the earliest opportunity. We believe this would benefit both cellulosic biofuel producers and obligated parties. EPA would post the CWC prices for 2013, 2014, and 2015 on our Web site following the effective date of this rule.

    III. CWC Price Calculations for 2014 and 2015

    To illustrate the derivation of CWC prices pursuant to the statutory formula, and with the data sources specified in this proposed rule, we explain in this section the derivation of CWC prices for 2014 and 2015.6 EPA determined the average wholesale (refinery gate) price of gasoline using the monthly average prices for the 12 months prior to July of the year preceding each compliance period. In this calculation EPA uses the U.S. Total Gasoline Bulk Sales Price by Refiners (Dollars per Gallon) as reported by the U.S. Energy Information Administration (EIA). The data are shown below in Table 1 and Table 2 for the calculations for 2014 and 2015, respectively, and can be found at: (http://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=PET&s=EMA_EPM0_PBR_NUS_DPG&f=M).

    6 The calculations for the 2013 CWC were explained in a memo to the docket for our rulemaking establishing the 2013 standards (EPA-HQ-OAR-2012-0546-0134). The 2013 CWC price was calculated in accordance with the methodology and data sources described in this rule, with one minor difference. To calculate the Inflation Factor the August 2012 Index (230.037) was used rather than the June 2012 Index (229.815). Using the June 2012 Index in place of the August 2012 Index does not change the CWC waiver credit price for 2013 of $0.42. EPA will therefore confirm the 2013 CWC price in the announcement on our Web site following the effective date of this rule.

    Table 1—Wholesale Gasoline Prices for 2014 CWC Calculation Month Average price in $ July 2012 2.703 August 2012 2.961 September 2012 3.133 October 2012 2.922 November 2012 2.622 December 2012 2.554 January 2013 2.668 February 2013 2.892 March 2013 2.963 April 2013 2.822 May 2013 2.824 June 2013 2.817 Table 2—Wholesale Gasoline Prices for 2015 CWC Calculation Month Average price in $ July 2013 2.879 August 2013 2.916 September 2013 2.831 October 2013 2.610 November 2013 2.496 December 2013 2.551 January 2014 2.598 February 2014 2.650 March 2014 2.763 April 2014 2.829 May 2014 2.853 June 2014 2.924

    The average monthly price in dollars for the calculation of the 2014 CWC price is 2.823. The average monthly price in dollars for the calculation of the 2015 CWC price is 2.742.

    The CAA requires that EPA adjust for inflation the comparison values of twenty-five cents ($0.25) and three dollars ($3.00) in the CWC price formula. EPA must compare the inflated twenty-five cent value with the amount the inflated three dollar value exceeds the average wholesale price of gasoline. EPA is required to use the greater of the two values as the price for the cellulosic biofuel waiver credits.

    EPA evaluated inflation by using the Unadjusted Index values from the Consumer Price Index for All Urban Consumers (CPI-U): U.S. City Average, for the All Items expenditure category as provided by the Bureau of Labor and Statistics, for the months of January 2009 (the first comparable value after 2008) and June 2013 and June 2014, as discussed in Section II of this preamble. These unadjusted indexes are used to calculate an Inflation Factor for each year, as shown in Table 4 below. Finally, we compare $0.25 (inflation adjusted) to $3.00 (inflation adjusted) minus the wholesale price of gasoline for each year. The greater of these values is the price for the cellulosic waiver credits.

    Table 3—Inflation Adjustments Month Unadjusted index Source January 2009 211.143 http://www.bls.gov/cpi/cpid0901.pdf (Table 1). June 2013 233.504 http://www.bls.gov/cpi/cpid1306.pdf (Table 1). June 2014 238.343 http://www.bls.gov/cpi/cpid1406.pdf (Table 1). Table 4—Inflation Factors Months Equation Inflation factor Jan. 2009-June 2013 1+(233.504−211.143)/211.143 1.106 Jan. 2009-June 2014 1+(238.343−211.143)/211.143 1.129 Table 5—Cellulosic Waiver Credit Price Calculations Year $0.25 (Inflation adjusted) $3—Wholesale price of gasoline
  • (Inflation adjusted)
  • CWC price (Larger of the two values, rounded to the nearest cent)
    2014 $0.25*1.106 = $0.28 ($3.00*1.106)−$2.823 = $0.4947 $0.49 2015 $0.25*1.129 = $0.28 ($3.00*1.129)−$2.742 = $0.6445 $0.64

    As shown in Table 5, using the data sources for the inflation adjustment that are specified in this proposed rule results in a CWC price of $0.49 for 2014 and $0.64 for 2015. These prices, along with the CWC price for 2013 ($0.42) would be posted on EPA's Web site after the effective date of a final rule.

    EPA notes that in this action we are not making a determination regarding whether CWCs will actually be offered. As required by statute, CWCs are only made available for sale if EPA lowers the required cellulosic biofuel volume requirement below the applicable volume set forth in the Act. EPA will decide whether or not it will lower the required cellulosic biofuel volumes in future rules establishing the 2014 and 2015 cellulosic biofuel percentage standards. At that time EPA will determine if CWCs will be sold. If so, they will be sold at the prices indicated above. However EPA notes that it has offered CWCs for every year since 2010, the first year for which a separate cellulosic biofuel standard was established. Given the anticipated shortfall in cellulosic biofuel production, as compared to statutory volumes, in these years it is probable that CWCs will be offered.

    IV. Reinsertion of Inadvertently Overwritten Language

    In the RFS RIN Quality Assurance Program final rule (79 FR 42078, July 18, 2014), we moved the previous 40 CFR 80.1426(f)(12) (regarding process heat produced from biogas) to 40 CFR 80.1426(f)(14) as we had proposed on February 21, 2013 (78 FR 12158). When we moved 40 CFR 80.1426(f)(12) to 40 CFR 80.1426(f)(14), however, we inadvertently overwrote the previous 40 CFR 80.1426(f)(14) (regarding renewable fuel produced from giant reed (Arundo donax) or napier grass (Pennisetum purpureum)) that had been finalized in a separate final rule which was published on July 11, 2013 (78 FR 41703). The new 40 CFR 80.1426(f)(12) finalized in the RFS RIN Quality Assurance Program final rule dealt with additional requirements for producers and importers when generating RINs. In today's action, we are proposing to amend the regulations to undo our inadvertent elimination of the regulatory provisions related to giant reed and napier grass. Specifically, we are proposing: (1) re-inserting the inadvertently eliminated language as 40 CFR 80.1426(f)(14) (see 78 FR 41714, July 11, 2013); (2) moving the current 40 CFR 80.1426(f)(14) (process heat produced from biogas) back to 40 CFR 80.1426(f)(12), where it existed prior to the RFS RIN Quality Assurance Program final rule (see 75 FR 79977, December 21, 2010); and (3) moving the current 40 CFR 80.1426(f)(12) to a new 40 CFR 80.1426(f)(17).

    V. What should I consider as I prepare my comments for EPA? A. Submitting CBI

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

    B. Tips for Preparing Your Comments

    When submitting comments, remember to:

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

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

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

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

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

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

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

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

    C. Docket Copying Costs

    You may be charged a reasonable fee for photocopying docket materials, as provided in 40 CFR part 2.

    VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review.

    B. Paperwork Reduction Act

    This action does not impose an information collection burden under the PRA. The changes made to the regulations as a result of this action impose no new or different reporting requirements on regulated parties.

    C. Regulatory Flexibility Act

    I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This action clarifies the data sources and methodology used by EPA to establish the CWC price, establishes these prices for 2014 and 2015, and reinserts inadvertently overwritten regulatory language. The impacts of the RFS2 program on small entities were already addressed in the RFS2 final rule promulgated on March 26, 2010 (75 FR 14670), and this rule will not impose any additional requirements on small entities beyond those already analyzed. We have therefore concluded that this action will have no net regulatory burden for all directly regulated small entities.

    D. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action implements mandate(s) specifically and explicitly set forth in Clean Air Act section 211(o) without the exercise of any policy discretion by the EPA.

    E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.

    F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in Executive Order 13175. This rule will be implemented at the Federal level and potentially impacts gasoline, diesel, and renewable fuel producers, importers, distributors, and marketers. Tribal governments would be affected only to the extent they purchase and use regulated fuels. Thus, Executive Order 13175 does not apply to this action.

    G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks

    The EPA interprets EO 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks and because it implements specific standards established by Congress in statutes (section 211(o) of the Clean Air Act).

    H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866.

    I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

    J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

    This proposed rule is a technical correction and does not concern an environmental health or safety risk. Therefore, Executive Order 12898 does not apply.

    VII. Statutory Authority

    Statutory authority for this proposed action comes from section 211 of the Clean Air Act, 42 U.S.C. 7545.

    List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedure, Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports, Oil imports, Petroleum, Renewable fuel.

    Dated: March 24, 2015. Gina McCarthy, Administrator.
    [FR Doc. 2015-07478 Filed 4-2-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA-R09-OAR-2008-0467; FRL-9925-57-Region 9] Designation of Areas for Air Quality Planning Purposes; California; San Joaquin Valley, South Coast Air Basin, Coachella Valley, and Sacramento Metro Ozone Nonattainment Areas; Reclassification AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Withdrawal of proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is withdrawing a proposed action to reclassify the Indian country pertaining to the Pechanga Band of Luiseño Mission Indians (Pechanga Reservation) from “Severe-17” to “Extreme” for the 1997 8-hour ozone national ambient air quality standard.

    DATES:

    The proposed rule published on August 27, 2009 (74 FR 43654) is withdrawn with respect to the Pechanga Reservation on April 3, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Ken Israels, Grants and Program Integration Office (AIR-8), U.S. Environmental Protection Agency, Region IX, (415) 947-4102, [email protected]

    SUPPLEMENTARY INFORMATION:

    On August 27, 2009 (74 FR 43654), the EPA published a proposed rule to grant requests by the State of California to reclassify four nonattainment areas for the 1997 8-hour ozone national ambient air quality standard (“standard”) and to reclassify Indian country in keeping with the classifications of nonattainment areas within which they are located. On May 5, 2010 (75 FR 24409), the EPA finalized the action as proposed except that EPA deferred reclassification of Indian country pertaining to the Morongo Band of Mission Indians (Morongo Reservation) and the Pechanga Band of Luiseño Mission Indians (Pechanga Reservation) in keeping with the state's request for the South Coast Air Basin. On January 6, 2015 (80 FR 436), the EPA proposed to revise the boundaries of South Coast and San Diego ozone planning areas to designate the Pechanga Reservation as a separate air quality planning area for the 1997 8-hour ozone standard. In the January 6, 2015 proposed rule, the EPA indicated that, if the Agency finalizes the January 6, 2015 proposed rule, as proposed, the EPA would withdraw the August 27, 2009 proposed rule to the extent that the 2009 proposed rule relates to the Pechanga Reservation. See 80 FR 436, at 438 (January 6, 2015). In the Rules and Regulations section of this Federal Register, the EPA is finalizing its January 6, 2015 proposed rule, as proposed. In light of final Agency action on the January 6, 2015 proposal, the EPA is withdrawing the August 27, 2009 proposed reclassification of the Pechanga Reservation for the 1997 8-hour ozone standard.

    List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Intergovernmental relations, National parks, Ozone, Wilderness areas.

    Dated: March 20, 2015. Jared Blumenfeld, Regional Administrator, Region IX.
    [FR Doc. 2015-07535 Filed 4-2-15; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Chapter I [GN Docket No. 12-268; FCC 15-38] Comment Sought on Defining Commencement of Operations in the 600 MHz Band AGENCY:

    Federal Communications Commission.

    ACTION:

    Proposed rule.

    SUMMARY:

    In this document, the Federal Communications Commission (Commission) seeks comment on defining the term “commence operations” for 600 MHz Band wireless licensees in the context of the transition rules adopted in the Incentive Auction Report and Order.

    DATES:

    Comments are due on or before May 1, 2015; reply comments are due on or before May 18, 2015.

    ADDRESSES:

    You may submit comments, identified by the docket number in this proceeding, GN Docket No. 12-268, by any of the following methods:

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

    Federal Communications Commission's Electronic Comment Filing System (ECFS): http://fcc.gov/ecfs/. Follow the instructions for submitting comments.

    Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail): Federal Communications Commission, 9300 East Hampton Dr., Capitol Heights, MD 20743.

    U.S. Postal Service (First-class, Express, and Priority): Federal Communications Commission, 445 12th St. SW., Washington, DC 20554.

    Hand-delivered/Courier: Federal Communications Commission, 445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building.

    Instructions: All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) for this document. All comments received will be posted without change to ECFS at http://fcc.gov/ecfs/, including any personal information provided.

    Docket: This document is in GN Docket No. 12-268. For access to the docket to read background documents or comments received, go to ECFS at http://fcc.gov/ecfs/.

    For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Participation” heading of the SUPPLEMENTARY INFORMATION section of this document.
    FOR FURTHER INFORMATION CONTACT:

    Simon Banyai of the Wireless Telecommunications Bureau, Broadband Division, at (202) 418-1443 or email to [email protected].

    SUPPLEMENTARY INFORMATION:

    This document was adopted on March 26, 2015 and released on March 26, 2015, and is available electronically at https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-38A1.pdf. The complete text of this document as well as any comments, reply comments, and ex parte submissions will also be available for public inspection during regular business hours in the FCC Reference Center (CY-A257) at the Federal Communications Commission, 445 12th Street SW., Washington, DC, 20554. These documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat.

    Public Participation

    Pursuant to §§ 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's ECFS. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

    Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one active docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

    People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), or 202-418-0432 (tty).

    I. Summary

    1. In the Incentive Auction Report and Order, the Commission adopted rules to implement the incentive auction through which certain broadcast television spectrum will be repurposed for wireless flexible use to create the 600 MHz Band (See Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 12-268, Report and Order, published at 79 FR 48442 (2014) (Incentive Auction Report and Order)). These rules include procedures governing the transition of broadcast television services and other operations out of the 600 MHz Band. As described below, the procedures the Commission adopted permit certain operations to continue in the 600 MHz spectrum until a 600 MHz Band wireless licensee “commences operations” in its licensed spectrum. The Commission did not define the term “commence operations,” but indicated that it would do so in the pre-auction process. By this document, the Commission seeks comment on defining the term “commence operations” in the context of these transition rules.

    2. Specifically, the Commission proposes that a 600 MHz Band licensee be deemed to “commence operations” in an area when it begins site activation and commissioning tests, using permanent base station equipment and permanent antenna or tower locations (hereinafter “site commissioning tests”). Site activation and commissioning tests confirm that the site is operational, integrated into the network, and meets key functional requirements and performance metrics. This testing takes place at the start of the site and system optimization processes and prepares the network for launch in the area in which the licensee will provide commercial service. The Commission believes this approach best fulfills its objective in the transition process of promoting ready access to the repurposed spectrum by 600 MHz Band wireless licensees when and where they need it, while at the same time providing for an orderly transition process for secondary and unlicensed users that currently are serving various important consumer needs using this spectrum.

    3. As noted, this definition will be one element of the 600 MHz transition rules. Under these rules, all full power and Class A television stations must cease operating in the spectrum repurposed for the 600 MHz Band no later than 39 months from issuance of the Channel Reassignment PN (i.e., by the end of the Post-Auction Transition Period). 600 MHz Band wireless licensees will not have access to the repurposed spectrum in an area during the Post-Auction Transition Period unless full power and Class A television operations have ceased operations in that area.

    4. For secondary and unlicensed users that currently are authorized to operate in this band, including low power television (“LPTV”) and TV translator stations, fixed broadcast auxiliary service operations (“BAS”), and unlicensed television white space (“TVWS”) devices, the Commission established a phased transition out of the 600 MHz Band. The transition procedures applicable to these categories of operations vary in certain regards, but all require that these operations cease in areas where the 600 MHz Band wireless licensee commences operations after providing the requisite notice. Except in the guard bands, LPTV and TV translator stations in the 600 MHz Band may continue to operate indefinitely unless they are in an area in which a 600 MHz Band wireless licensee provides advance written notice that it intends to commence operations and that the LPTV or TV translator station is likely to cause harmful interference to the licensee's operations in that area. LPTV or TV translator stations in the 600 MHz guard bands must cease operations no later than the end of the Post-Auction Transition Period. TVWS devices may continue to operate in the 600 MHz Band indefinitely, except in those areas in which a 600 MHz Band wireless licensee commences operations after providing the requisite notice to the TVWS database administrator. BAS licensees must vacate the 600 MHz Band by the end of the Post-Auction Transition Period, or earlier if notified that they are likely to cause harmful interference to a 600 MHz Band wireless licensee in an area in which it intends to commence operations. While several commenters in the Incentive Auction proceeding discussed the transition of secondary and unlicensed users out of the 600 MHz Band, the Commission received limited comment on how best to define when a 600 MHz Band wireless licensee commences operations for the purpose of these transition procedures.

    5. Under the Commission's proposed definition, a 600 MHz Band wireless licensee's operations would be deemed to “commence” prior to the licensee's launch of commercial services in an area, specifically when the licensee begins site commissioning tests. These site commissioning tests ordinarily take place in the late stages of a deployment, after the wireless licensee has completed construction of physical network infrastructure that will provide commercial service in the area. That is, they are conducted after a cell site has been fully constructed, with all base station equipment, antennas, feed systems, and other hardware installed, and with all power systems and backhaul connectivity installed and operational. This testing encompasses start-up procedures and system checks when the system is first powered up, a series of functionality tests, and over-the-air field tests, such as establishing mobile calls, validating coverage, and confirming handover between sectors. Site commissioning tests are used to confirm that all of the site infrastructure is working properly and is integrated into the licensee's network, and to enable the licensee to verify the site's coverage through direct measurements. To ensure the accuracy of this site commissioning testing, a licensee will require access to its 600 MHz Band spectrum in the area in which it is commencing operations so all of its facilities can be tested under the real world conditions for which they were designed and in an environment that is free from potential interference from others. Alternatively, should any testing by a wireless licensee be deemed the “commencement” of operations? Is there a specific stage of testing other than site commissioning tests that would be an appropriate benchmark? Commenters supporting one of these alternatives to the Commission's proposal above should explain how it meets the objectives set forth in the Incentive Auction Report and Order regarding an orderly transition process for existing secondary and unlicensed users in the 600 MHz Band.

    6. The Commission also proposes that a 600 MHz Band licensee's notification would cover the area served by the licensee's commercial service infrastructure deployment. Under this approach, the area subject to notification might include an entire metropolitan area, in the case of the initial launch for a market, or might be a smaller area, such as a highway corridor, where a licensee is deploying commercial service in phases. The 600 MHz Band licensee would be authorized to conduct site commissioning tests on all cell sites within the identified area, starting on the date provided in the notice. Alternatively, should the area subject to a wireless licensee's notification cover larger areas to encompass the licensee's phased deployment of infrastructure? Commenters proposing such alternatives should explain their reasoning and how their proposals meet the Commission's transition objectives.

    7. Under this proposed definition of “commence operations,” secondary and unlicensed users would continue to operate as set forth in the Incentive Auction Report and Order until the time prescribed by the notice from the 600 MHz Band wireless licensee that triggers their obligation to vacate the affected area(s) of the licensed spectrum. The Commission believes this proposed definition of “commence operations” best accomplishes its transition objectives.

    8. The Commission seeks comment on this proposed definition of “commence operations” for the purpose of the transition rules for the 600 MHz Band, including its proposal for determining the area to be covered by the licensee's notification. Commenters should discuss and quantify the costs and benefits of this proposal, as well as any suggested clarifications or revisions to the definition, and any proposed alternative approaches. In advocating an alternative definition, commenters should explain why the alternative proposal better serves the public interest and the Commission's policy goals than the definition being proposed.

    II. Procedural Matters A. Ex Parte Rules—Permit-But-Disclose Proceeding

    9. Pursuant to § 1.1200(a) of the Commission's rules, this matter shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule § 1.1206(b). In proceedings governed by rule § 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules.

    B. Paperwork Reduction Analysis

    10. This document does not change, or propose to change, the information collection requirements subject to the Paperwork Reduction Act of 1995 (“PRA”), Public Law 104-13., contained in the Incentive Auction Report and Order. As a result, no new submission to the Office of Management and Budget is necessary to comply with the PRA requirements. In addition, it does not contain any new or modified “information collection burden for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

    C. Regulatory Flexibility Analysis

    11. The actions in this document have not changed, or proposed to change, the Final Regulatory Flexibility Analysis (“FRFA”), which was set forth in the Incentive Auction Report and Order. Thus, no supplemental FRFA is necessary.

    Federal Communications Commission. Marlene H. Dortch, Secretary.
    [FR Doc. 2015-07486 Filed 4-2-15; 8:45 am] BILLING CODE 6712-01-P
    80 64 Friday, April 3, 2015 Notices DEPARTMENT OF AGRICULTURE Office of the Secretary Meeting Notice of the National Agricultural Research, Extension, Education, and Economics Advisory Board AGENCY:

    Research, Education, and Economics, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, 5 U.S.C. App 2, Section 1408 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123), and the Agricultural Act of 2014, the United States Department of Agriculture (USDA) announces an open meeting of the National Agricultural Research, Extension, Education, and Economics Advisory Board.

    DATES:

    The National Agricultural Research, Extension, Education, and Economics Advisory Board will meet April 27-29, 2015: April 27, 2015, 1:00 p.m.-5:30 p.m. EDT; April 28, 2015, 8:00 a.m.-5:00 p.m. EDT; and April 29, 2015, 8:00 a.m.-12:00 p.m. EDT.

    ADDRESSES:

    The meeting will be held at the American Geophysical Union Conference Center, 2000 Florida Avenue NW., Washington, DC 20009. Written comments from the public may be sent to: The National Agricultural Research, Extension, Education, and Economics Advisory Board Office, Room 332A, Whitten Building, United States Department of Agriculture, STOP 0321, 1400 Independence Avenue SW., Washington, DC 20250-0321.

    FOR FURTHER INFORMATION CONTACT:

    Michele Esch, Designated Federal Officer and Executive Director, or Shirley Morgan-Jordan, Program Support Coordinator, National Agricultural Research, Extension, Education, and Economics Advisory Board; telephone: (202) 720-3684; fax: (202) 720-6199; or email: [email protected] or [email protected]

    SUPPLEMENTARY INFORMATION:

    Purpose of the Meeting: To provide advice and recommendations on the top priorities and policies for food and agricultural research, education, extension and economics.

    Tentative Agenda: The agenda will include the following items:

    • Update on the activities of the Research, Education, and Economics mission area.

    • Discussion and deliberation on the process for completing the mandatory annual relevancy and adequacy review of the programs and activities of the Research, Education, and Economics mission area.

    • Presentation and discussion on a culture of safety in agricultural research.

    • Presentation and discussion on an assessment of the food system.

    • Updates from the permanent subcommittees and working groups of the NAREEE Advisory Board, including the presentation and deliberation of the Report and Recommendations of the National Genetics Resources Advisory Council (NGRAC).

    Public Participation: This meeting is open to the public and any interested individuals wishing to attend. Opportunity for public comment will be offered at the end of each day of the meeting. To attend the meeting and/or make oral statements regarding any items on the agenda, you must contact Shirley Morgan-Jordan at 202-720-3684; email: [email protected] at least 5 business days prior to the meeting. Members of the public will be heard in the order in which they sign up at the beginning of the meeting. The Chair will conduct the meeting to facilitate the orderly conduct of business. Written comments by attendees or other interested stakeholders will be welcomed for the public record before and up to two weeks following the Board meeting (by close of business Wednesday, May 13, 2015). All written statements must be sent to Michele Esch, Designated Federal Officer and Executive Director, The National Agricultural Research, Extension, Education, and Economics Advisory Board, Room 332A, Whitten Building, United States Department of Agriculture, STOP 0321, 1400 Independence Avenue SW., Washington, DC 20250-0321; or email: [email protected] All statements will become a part of the official record of the National Agricultural Research, Extension, Education, and Economics Advisory Board and will be kept on file for public review in the Research, Education, and Economics Advisory Board Office.

    Done at Washington, DC, this 27 day of March 2015. Ann Bartuska, Deputy Under Secretary, Research, Education, and Economics.
    [FR Doc. 2015-07603 Filed 4-2-15; 8:45 am] BILLING CODE 3410-03-P
    DEPARTMENT OF AGRICULTURE Forest Service Newspapers Used for Publication of Legal Notices in the Southwestern Region, Which Includes Arizona, New Mexico, and Parts of Oklahoma and Texas AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    This notice lists the newspapers that will be used by all Ranger Districts, Grasslands, Forests, and the Regional Office of the Southwestern Region to publish legal notices required under 36 CFR parts 218 and 219. The intended effect of this action is to inform interested members of the public which newspapers the Forest Service will use to publish notices of proposed actions, notices of decision, and notices of opportunity to file an objection or appeal. This will provide the public with constructive notice of Forest Service proposals and decisions, provide information on the procedures to comment, appeal, or object, and establish the date that the Forest Service will use to determine if comments, appeals, or objections were timely.

    DATES:

    Publication of legal notices in the listed newspapers will begin on the date of this publication and continue until further notice.

    ADDRESSES:

    Margaret Van Gilder, Regional Administrative Review Coordinator, Forest Service, Southwestern Region; 333 Broadway SE., Albuquerque, NM 87102-3498.

    FOR FURTHER INFORMATION CONTACT:

    Margaret Van Gilder, Regional Administrative Review Coordinator; (505) 842-3223.

    SUPPLEMENTARY INFORMATION:

    The administrative procedures at 36 CFR parts 218 and 219 require the Forest Service to publish notices in a newspaper of general circulation. The content of the notices is specified in 36 CFR parts 218 and 219. In general, the notices will identify: The decision or project, by title or subject matter; the name and title of the official making the decision; how to obtain additional information; and where and how to file comments, appeals, or objections. The date the notice is published will be used to establish the official date for the beginning of the comment, appeal, or objection period. Where more than one newspaper is listed for any unit, the first newspaper listed is the primary newspaper of record of which publication date shall be used for calculating the time period to file comment, appeal, or an objection.

    Southwestern Regional Office Regional Forester

    Notices of Availability for Comment and Decisions and Objections affecting New Mexico Forests:—“Albuquerque Journal”, Albuquerque, New Mexico, for National Forest System Lands in the State of New Mexico for any projects of Region-wide impact, or for any projects affecting more than one National Forest or National Grassland in New Mexico.

    Regional Forester Notices of Availability for Comment and Decisions and Objections affecting Arizona Forests:—“The Arizona Republic”, Phoenix, Arizona, for National Forest System lands in the State of Arizona for any projects of Region-wide impact, or for any projects affecting more than one National Forest in Arizona.

    Regional Forester Notices of Availability for Comment and Decisions and Objections affecting National Grasslands in New Mexico, Oklahoma, and Texas are listed by Grassland and location as follows: Kiowa National Grassland notices published in:—“Union County Leader”, Clayton New Mexico. Rita Blanca National Grassland in Cimarron County, Oklahoma notices published in:—“Boise City News”, Boise City, Oklahoma. Rita Blanca National Grassland in Dallam County, Texas notices published in:—“The Dalhart Texan”, Dalhart, Texas. Black Kettle National Grassland in Roger Mills County, Oklahoma notices published in:—“Cheyenne Star”, Cheyenne, Oklahoma. Black Kettle National Grassland in Hemphill County, Texas notices published in:—“The Canadian Record”, Canadian, Texas. McClellan Creek National Grassland in Gray County, Texas notices published in:—“The Pampa News”, Pampa, Texas.

    Regional Forester Notices of Availability for Comment and Decisions and Objections affecting only one National Forest or National Grassland unit will appear in the newspaper of record elected by each National Forest or National Grassland as listed below.

    Arizona National Forests Apache-Sitgreaves National Forests

    Notices for Availability for Comments, Decisions and Objections by Forest Supervisor, Alpine Ranger District, Black Mesa Ranger District, Lakeside Ranger District, and Springerville Ranger District are published in:—“The White Mountain Independent”, Apache County, Arizona.

    Clifton Ranger District Notices are published in:—“Copper Era”, Clifton, Arizona.

    Coconino National Forest

    Notices for Availability for Comments, Decisions and Objections by Forest Supervisor, Mogollon Rim Ranger District, and Flagstaff Ranger District are published in:—“Arizona Daily Sun”, Flagstaff, Arizona.

    Red Rock Ranger District Notices are published in:—“Red Rock News”, Sedona, Arizona.

    Coronado National Forest

    Notices for Availability for Comments, Decisions and Objections by Forest Supervisor and Santa Catalina Ranger District are published in:—“The Arizona Daily Star”, Tucson, Arizona.

    Douglas Ranger District Notices are published in:—“Daily Dispatch”, Douglas, Arizona.

    Nogales Ranger District Notices are published in:—“Nogales International”, Nogales, Arizona.

    Sierra Vista Ranger District Notices for projects east of Highway 83 are published in:—“Sierra Vista Herald”, Sierra Vista, Arizona; notices for projects west of Highway 83 are published in:—“Nogales International”, Nogales, Arizona.

    Safford Ranger District Notices are published in:—“Eastern Arizona Courier”, Safford, Arizona.

    Kaibab National Forest

    Notices for Availability for Comments, Decisions and Objections by Forest Supervisor, North Kaibab Ranger District, Tusayan Ranger District, and Williams Ranger District Notices are published in:—“Arizona Daily Sun”, Flagstaff, Arizona.

    Prescott National Forest

    Notices for Availability for Comments, Decisions and Objections by Forest Supervisor, Bradshaw Ranger District, Chino Valley Ranger District are published in:—“Daily Courier”, Prescott, Arizona. Notices for Availability for Comments, Decisions and Objections by the Verde Ranger District are published in: “Verde Independent”, Cottonwood, Arizona.

    Tonto National Forest

    Notices for Availability for Comments, Decisions, and Objections by Forest Supervisor, Cave Creek Ranger District, and Mesa Ranger District are published in:—“Arizona Capitol Times”, in Phoenix, Arizona.

    Globe Ranger District Notices are published in:—“Arizona Silver Belt”, Globe, Arizona. Payson Ranger District, Pleasant Valley Ranger District and Tonto Basin Ranger District Notices are published in:—“Payson Roundup”, Payson, Arizona.

    New Mexico National Forests Carson National Forest

    Notices for Availability for Comments, Decisions and Objections by Forest Supervisor, Camino Real Ranger District, Tres Piedras Ranger District and Questa Ranger District are published in:—“The Taos News”, Taos, New Mexico.

    Canjilon Ranger District and El Rito Ranger District Notices are published in:—“Rio Grande Sun”, Espanola, New Mexico.

    Jicarilla Ranger District Notices are published in:—“Farmington Daily Times”, Farmington, New Mexico.

    Cibola National Forest and National Grasslands

    Notices for Availability for Comments, Decisions and Objections by Forest Supervisor affecting lands in New Mexico, except the National Grasslands are published in:—“Albuquerque Journal”, Albuquerque, New Mexico.

    Forest Supervisor Notices affecting National Grasslands in New Mexico, Oklahoma and Texas are published by grassland and location as follows: Kiowa National Grassland in Colfax, Harding, Mora and Union Counties, New Mexico published in:—“Union County Leader”, Clayton, New Mexico. Rita Blanca National Grassland in Cimarron County, Oklahoma published in:—“Boise City News”, Boise City, Oklahoma. Rita Blanca National Grassland in Dallam County, Texas published in:—“The Dalhart Texan”, Dalhart, Texas. Black Kettle National Grassland, in Roger Mills County, Oklahoma published in:—“Cheyenne Star”, Cheyenne, Oklahoma. Black Kettle National Grassland, in Hemphill County, Texas published in:—“The Canadian Record”, Canadian, Texas. McClellan Creek National Grassland published in:—“The Pampa News”, Pampa, Texas.

    Mt. Taylor Ranger District Notices are published in:—“Cibola County Beacon”, Grants, New Mexico.

    Magdalena Ranger District Notices are published in:—“Defensor-Chieftain”, Socorro, New Mexico.

    Mountainair Ranger District Notices are published in:—“Mountain View Telegraph”, Moriarity, New Mexico.

    Sandia Ranger District Notices are published in:—“Albuquerque Journal”, Albuquerque, New Mexico.

    Kiowa National Grassland Notices are published in:—“Union County Leader”, Clayton, New Mexico.

    Rita Blanca National Grassland Notices in Cimarron County, Oklahoma are published in:—“Boise City News”, Boise City, Oklahoma while Rita Blanca National Grassland Notices in Dallam County, Texas are published in:—“Dalhart Texan”, Dalhart, Texas.

    Black Kettle National Grassland Notices in Roger Mills County, Oklahoma are published in:—“Cheyenne Star”, Cheyenne, Oklahoma, while Black Kettle National Grassland Notices in Hemphill County, Texas are published in:—“The Canadian Record”, Canadian, Texas.

    McClellan Creek National Grassland Notices are published in:—“The Pampa News”, Pampa, Texas.

    Gila National Forest

    Notices for Availability for Comments, Decisions and Objections by Forest Supervisor, Quemado Ranger District, Reserve Ranger District, Glenwood Ranger District, Silver City Ranger District and Wilderness Ranger District are published in:—“Silver City Daily Press”, Silver City, New Mexico.

    Black Range Ranger District Notices are published in:—“The Herald”, Truth or Consequences, New Mexico.

    Lincoln National Forest

    Notices for Availability for Comments, Decisions and Objections by Forest Supervisor and the Sacramento Ranger District are published in:—“Alamogordo Daily News”, Alamogordo, New Mexico.

    Guadalupe Ranger District Notices are published in:—“Carlsbad Current Argus”, Carlsbad, New Mexico.

    Smokey Bear Ranger District Notices are published in:—“Ruidoso News”, Ruidoso, New Mexico.

    Santa Fe National Forest

    Notices for Availability for Comments, Decisions and Objections by Forest Supervisor, Coyote Ranger District, Cuba Ranger District, Espanola Ranger District, Jemez Ranger District and Pecos-Las Vegas Ranger District are published in:—“Albuquerque Journal”, Albuquerque, New Mexico.

    Dated: March 24, 2015. Danny Montoya, Acting Deputy Regional Forester, Southwestern Region.
    [FR Doc. 2015-07653 Filed 4-2-15; 8:45 am] BILLING CODE 3410-11-P
    COMMISSION ON CIVIL RIGHTS Agenda and Notice of Public Meeting of the Montana Advisory Committee

    Date and Time: Friday, April 24, 2015 at 1:00 p.m. (MDT).

    Place: Via Teleconference. Public Dial-in 1-877-446-3914; Listen Line Code: 5374479

    TDD: Dial Federal Relay Service 1-800-977-8339 give operator the Public Dial-In and Listen Line Code identified above.

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA) that a planning meeting of the Montana Advisory Committee to the Commission will convene via conference call. The purpose of the meeting is to continue discussion of civil rights issues in the state and select issues for further study.

    The meeting will be conducted via conference call. Members of the public may listen to the discussion by calling the toll-free number public dial-in number and providing the listen line code identified above. Persons with hearing impairments may also following the proceedings by first calling the Federal Relay Service number listed above and providing the toll-free number public dial-in number and the listen line code identified above. Callers will incur no charges for calls they initiate over land line connections to the toll-free public dial-in number. Callers may incur charges for calls they initiate over wireless lines; the Commission will not refund any incurred charges.

    Members of the public are entitled to submit written comments. The comments must be received in the regional office by Monday, May 25, 2015. Comments may be mailed to the Rocky Mountain Regional Office, U.S. Commission on Civil Rights, 1961 Stout Street, Suite 13-201, Denver, CO 80294 or faxed to (303) 866-1040, or emailed to Evelyn Bohor at [email protected] Persons who desire additional information may contact the Rocky Mountain Regional Office at 303-866-1040.

    Records generated from this meeting may be inspected and reproduced at the Rocky Mountain Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this advisory committee are advised to go to the Commission's Web site, www.usccr.gov, or to contact the Rocky Mountain Regional Office at the above phone number, email or street address.

    The meetings will be conducted pursuant to the provisions of the rules and regulations of the Commission and FACA.

    Dated: March 30, 2015. David Mussatt, Chief, Regional Programs Coordination Unit.
    [FR Doc. 2015-07652 Filed 4-2-15; 8:45 am] BILLING CODE 6335-01-P
    COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Tennessee Advisory Committee AGENCY:

    U.S. Commission on Civil Rights.

    ACTION:

    Notice of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Tennessee Advisory Committee (Committee) will hold a meeting on Tuesday, April 14, 2015, at 12:00 p.m. CST for the purpose of discussing and voting on proposal topics to USCCR.

    Members of the public can listen to the discussion. This meeting is available to the public through the following toll-free call-in number: 888-428-9480, conference ID: 8778628. Any interested member of the public may call this number and listen to the meeting. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-977-8339 and providing the Service with the conference call number and conference ID number.

    Member of the public are also entitled to submit written comments; the comments must be received in the regional office by May 14, 2015. Written comments may be mailed to the Southern Regional Office, U.S. Commission on Civil Rights, 61 Forsyth St., Suite 16T126, Atlanta, GA 30303. They may also be faxed to the Commission at (4042) 562-7005, or emailed to [email protected] Persons who desire additional information may contact the Southern Regional Office at (404) 562-7000.

    Records generated from this meeting may be inspected and reproduced at the Southern Regional Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Tennessee Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission's Web site, http://www.usccr.gov, or may contact the Southern Regional Office at the above email or street address.

    Agenda
    Welcome and Introductions 12:00 p.m. to 12:10 p.m., Diane DiIanni, Chair Open Discussion 12:15 p.m. to 1:00 p.m. Adjournment 1:00 p.m. DATES:

    The meeting will be held on Tuesday, April 14, 2015, at 12:00 p.m.

    Public Call Information: Dial: 888-428-9480, Conference ID: 8778628

    Exceptional Circumstance: Pursuant to 41 CFR 102-3.150, the notice for this meeting is given less than 15 calendar days prior to the meeting because of the exceptional circumstances of technical difficulties occurring in the process of having the meeting notice signed and sent to the Federal Register.

    Dated: March 30, 2015. David Mussatt, Chief, Regional Programs Unit.
    [FR Doc. 2015-07650 Filed 4-2-15; 8:45 am] BILLING CODE 6335-01-P
    COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Mississippi Advisory Committee To Discuss Agenda for the Public Meeting on Childcare Subsidy Policies in Mississippi AGENCY:

    U.S. Commission on Civil Rights.

    ACTION:

    Notice of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Mississippi Advisory Committee (Committee) will hold a meeting on Tuesday, April 14, 2015, at 3:00 p.m. CST for the purpose of discussing the agenda for the public meeting on childcare subsidy policies in Mississippi. The committee previously approved a project proposal on the topic in February and plan to hold the public meeting and gather testimony on the topic later this spring.

    Members of the public can listen to the discussion. This meeting is available to the public through the following toll-free call-in number: 888-438-5453, conference ID: 3072616. Any interested member of the public may call this number and listen to the meeting. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-977-8339 and providing the Service with the conference call number and conference ID number.

    Member of the public are also entitled to submit written comments; the comments must be received in the regional office by May 14, 2015. Written comments may be mailed to the Midwestern Regional Office, U.S. Commission on Civil Rights, 55 W. Monroe St., Suite 410, Chicago, IL 60615. They may also be faxed to the Commission at (312) 353-8324, or emailed to Administrative Assistant, Carolyn Allen at [email protected] Persons who desire additional information may contact the Midwestern Regional Office at (312) 353-8311.

    Records generated from this meeting may be inspected and reproduced at the Midwestern Regional Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Mississippi Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission's Web site, http://www.usccr.gov, or may contact the Midwestern Regional Office at the above email or street address.

    Agenda Welcome and Introductions
    3:00 p.m. to 3:10 p.m. Susan Glisson, Chair Discuss and approve agenda for May 13 hearing on childcare subsidies in MS. 3:10 p.m. to 3:40 p.m. Discuss and approve venue location and other logistics for event. 3:40 p.m. to 3:55 p.m. Open Comment 3:55 p.m. to 4:00 p.m. Adjournment 4:00 p.m. DATES:

    The meeting will be held on Tuesday, April 14, 2015, at 3:00 p.m. CST.

    Public Call Information Dial: 888-438-5453 Conference ID: 3072616

    Exceptional Circumstance: Pursuant to 41 CFR 102-3.150, the notice for this meeting is given less than 15 calendar days prior to the meeting because of the exceptional circumstances of technical difficulties occurring in the process of having the meeting notice signed and sent to the Federal Register.

    Dated: March 30, 2015. David Mussatt, Chief, Regional Programs Unit.
    [FR Doc. 2015-07651 Filed 4-2-15; 8:45 am] BILLING CODE 6335-01-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD859 Caribbean Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The Caribbean Fishery Management Council (Council) will hold its 152nd meeting.

    DATES:

    The meeting will be held on April 21-22, 2015. The Council will convene on Tuesday, April 21, 2014, from 9 a.m. to 6 p.m., and will reconvene on Wednesday, April 22, 2015, from 9 a.m. to 5 p.m.

    ADDRESSES:

    The meeting will be held at the Divi Carina Beach Resort and Casino, 25 Estate Turner Hole, Christiansted, St. Croix, USVI 00820.

    FOR FURTHER INFORMATION CONTACT:

    Caribbean Fishery Management Council, 270 Muñoz Rivera Avenue, Suite 401, San Juan, Puerto Rico 00918; telephone: (787) 766-5926.

    SUPPLEMENTARY INFORMATION:

    The Council will hold its 152nd regular Council Meeting to discuss the items contained in the following agenda:

    April 21, 2015, 9 a.m.-5 p.m. Call to Order Adoption of Agenda Consideration of 151st Council Meeting Verbatim Transcriptions Executive Director's Report SSC National Workshop Report—Dr. Richard Appeldoorn SSC Meeting Report—Dr. Richard Appeldoorn Island-Based Fishery Management-Species Selection Criteria Development • Outcomes from the March 2015 DAP and SSC Meetings -input from each of the three DAPs -input from SSC • Review Proposed Options, Provide Guidance for Inclusion/Exclusion/Addition • Discuss Options and Next Steps in Continuing the Development of this Initiative. Update on Timing of Accountability Measure-based Closures Action • Outcomes from the March 2015 DAP Meetings—input from each of the three DAPs regarding the options for times to schedule closures for each of the alternatives laid out in the Options paper (islands/island groups and ACL groupings) • Review Proposed Options, Provide Guidance for Inclusion/Exclusion/Addition • Discuss Next Steps Update on Puerto Rico Commercial Landings 2011-13, and Comparison to Annual Catch Limits Permits Scoping Paper • Report from USVI and Puerto Rico Regarding State Perspectives on Permits • Review Outcomes from March Scoping Meetings • Discuss Options and Next Steps in Continuing the Development of this Initiative Emergency Rule to Prohibit Sea Cucumber and Sea Urchin Harvest from U.S. Caribbean EEZ Waters • Report on Availability of Pertinent Landings Data • Status and Next Steps Modifications to Accountability Measure Guidance in FMPs • Council Receives Update on Development of Plan Amendments ABC Control Rule for Data-Poor Stocks • Report from SSC Abrir/Bajo/Tourmaline consistency of regulations • Consider Outcomes from February Public Meetings in Mayaguez and Cabo Rojo, Puerto Rico • Evaluate and Confirm, or Modify, Alternatives Including Preferred Alternatives. PUBLIC COMMENT PERIOD (5-minutes presentations) April 21, 2015, 5:15 p.m.-6 p.m. Administrative Matters -Budget Update FY 2014/15 -SOPPs Approval for Submission to NOAA Fisheries -Closed Session: -Membership of Island-Based District Advisory Panels (DAPs) and Consideration of Terms of Reference for Winter 2015 DAP Meetings -SSC/OEAP Memberships April 22, 2015, 9 a.m.-5 p.m. Report on Stock Assessment Results and Plan Actions from the SEFSC's Stock Assessment Programmatic Review Update on Project Entitled: “Connecting Fishers and Fisheries Data Using a Cooperative Gear Development Project to Improve Catch Reporting”—Anthony Iarocci Request by Puerto Rico West Coast Fishers on Trammel Net Phase Out Revision of ACLs for Puerto Rico—Eugenio Piñeiro Proposed Rule to Revise the National Standard 1, 3, and 7 Guidelines Continuing Research: Assessing Queen Conch Home Range, Habitat and Movement in the USVI—Jennifer Doerr and Ron Hill MERP Report Outreach and Education Report—Dr. Alida Ortíz Enforcement Issues: -Puerto Rico-DNER -U.S. Virgin Islands-DPNR -U.S. Coast Guard -NMFS/NOAA Meetings Attended by Council Members and Staff PUBLIC COMMENT PERIOD (5-minute presentations) Other Business Next Council Meeting

    The established times for addressing items on the agenda may be adjusted as necessary to accommodate the timely completion of discussion relevant to the agenda items. To further accommodate discussion and completion of all items on the agenda, the meeting may be extended from, or completed prior to the date established in this notice.

    The meeting is open to the public, and will be conducted in English. Fishers and other interested persons are invited to attend and participate with oral or written statements regarding agenda issues.

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

    Special Accommodations

    The meeting is physically accessible to people with disabilities. For more information or request for sign language interpretation and/other auxiliary aids, please contact Mr. Miguel A. Rolón, Executive Director, Caribbean Fishery Management Council, 270 Muñoz Rivera Avenue, Suite 401, San Juan, Puerto Rico, 00918, telephone (787) 766-5926, at least 5 days prior to the meeting date.

    Dated: March 31, 2015. Tracey L. Thompson, Acting DeputyDirector, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-07684 Filed 4-2-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD875 New England Fishery Management Council (NEFMC); Public Meeting AGENCY:

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

    ACTION:

    Notice of a public meeting.

    SUMMARY:

    The New England Fishery Management Council (Council) will hold a three-day meeting on April 21-23, 2015 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

    DATES:

    The meeting will be held on Tuesday, April 21 through Thursday, April 23, 2015, starting at 9 a.m. on Tuesday, April 21, and 8 a.m. on Wednesday, April 22 and Thursday, April 23, 2015.

    ADDRESSES:

    The meeting will be held at the Hilton Hotel, 20 Coogan Boulevard, Mystic, CT 06355-1900. The telephone number is (860) 572-0731, and fax is (860) 572-0328. For online information see www.hiltonmystic.com.

    Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950; telephone: (978) 465-0492.

    FOR FURTHER INFORMATION CONTACT:

    Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465-0492.

    SUPPLEMENTARY INFORMATION:

    Tuesday, April 21, 2015

    The Council meeting will begin with introductions and a brief closed session during which the NEFMC will approve additional Scientific and Statistical Committee appointments for 2015-17. Brief reports will follow from the NEFMC Chairman and Executive Director, the NOAA Fisheries Regional Administrator, the Northeast Fisheries Science Center and Mid-Atlantic Fishery Management Council liaisons, NOAA General Counsel and NOAA Law Enforcement, and representatives of the Atlantic States Marine Fisheries Commission, U.S Coast Guard and the Northeast Regional Ocean Council.

    NOAA General Counsel will then provide a presentation on the Magnuson-Stevens Act provisions on Council member financial disclosure and recusal requirements. During the Observer Committee's Report to follow the NEFMC will review and likely approve committee recommendations for additional industry-funded portside sampling and electronic monitoring options in the Atlantic herring fishery. The options are intended to be part of an omnibus amendment (vs. a framework adjustment) that would address industry-funded monitoring across all federally managed fisheries in the Northeast. A report from the Monkfish Committee report will include an update on the development of Framework Adjustment 9 to the Monkfish Fishery Management Plan (FMP), as well as Monkfish Plan Development Team analyses on use of less than 10-inch mesh stand-up gillnets while on a monkfish day-at-sea, and allowing a vessel to switch from a monkfish day to a monkfish research set-aside day while at sea. Just prior to a lunch break the Council will provide an opportunity for the public to provide brief comments on items that are relevant to Council business but otherwise not listed on the published agenda.

    Following the break, there will be a presentation on a Northeast Fisheries Science Center report titled Performance of the Northeast Multispecies Groundfish Fishery, May 2013-April 2014. Following receipt of this information, the Council is expected to approve the Draft Environmental Impact Statement associated with Amendment 18 to the Northeast Multispecies Fishery FMP and identify preferred alternatives for the purpose of public review and comment. The amendment measures focus primarily on accumulation limits and the concentration of fishing effort in the inshore Gulf of Maine.

    Wednesday, April 22, 2015

    The second day of the meeting will begin with a NOAA Fisheries presentation regarding possible changes to National Standards 1, 3, and 7 and Council discussion of these issues. The NEFMC's Scientific and Statistical Committee will review its discussions about the proposals to change the National Standards, as well as NOAA's Draft Climate Science Strategy. Later in the morning, and as part of the Ecosystem Based Fisheries Management (EBFM) Committee's report, the Council will receive an updated status report on Northeast Continental Shelf Marine Ecosystem, review committee recommendations on a process to develop an EBFM policy, and review committee comments on NOAA's Draft Climate Science Strategy. The Habitat Committee will report prior to a lunch break. It seeks approval of final management measures to be included in Omnibus Essential Fish Habitat Amendment 2. Pending NOAA Fisheries approval, measures could affect all New England Council FMPs. This agenda item will be the subject of discussion for the remainder of the working day.

    Thursday, April 23, 2015

    The Council will continue consideration of the habitat agenda items listed above during this final day of the meeting. The meeting will adjourn after the consideration of any outstanding business.

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

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies (see ADDRESSES) at least 5 days prior to the meeting date.

    Dated: March 31, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-07685 Filed 4-2-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

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

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: Data Collection and Verification for the Marine Projected Areas Inventory.

    OMB Control Number: 0648-0449.

    Form Number(s): None.

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

    Number of Respondents: 67.

    Average Hours per Response: 30 minutes.

    Burden Hours: 29.

    Needs and Uses: This request is for a revision and extension of an approved data collection effort to provide ocean managers, users and other interested parties with accurate, objective and useful information about the location, purpose, management and human uses of marine protected areas in the coastal and marine waters of the United States. To this end, NOAA's National Marine Protected Areas Center (MPA Center), part of the Office of National Marine Sanctuaries (ONMS), proposes to continue and augment an ongoing effort to inventory all U.S. MPAs.

    The MPA Center was established under Executive Order 13158, which directs NOAA and the Department of the Interior to work collaboratively with state, federal, territorial and tribal partners to enhance ocean conservation and management throughout the nation's system of MPAs. The Marine Protected Areas Inventory—a publicly available, online, spatial database that provides detailed and unique information on MPAs nationwide—is fundamental to this goal. Required by Executive Order 13158, the Inventory provides access to data and summary products on over 1,600 MPA sites across different management programs and all levels of government. The MPA Inventory is accessible via the MPA Center's Web site, marineprotectedareas.noaa.gov.

    The MPA Inventory data collection continues the periodic and voluntary solicitation of site-specific descriptive data from all MPAs in the U.S. Typically, an individual MPA site would complete an online site data form once, and then update it if necessary to reflect changes in boundaries, regulations, management approaches, etc. The MPA Inventory is frequently used by ocean managers, users, scientists and others to better understand place-based management of U.S. waters.

    In addition to continuing to manage and share descriptive information on U.S. MPAs, the MPA Center proposes to contact State and Federal MPA managers to solicit and facilitate their participation in a voluntary survey about conditions and trends in recreational uses of their sites. Data addressing the nature, trends, drivers and implications of recreational uses will be collected from U.S. MPA managers electronically over a period of 6 weeks using an online survey instrument. Individual managers' responses will remain confidential and the results aggregated to illustrate meaningful general trends rather data specific to a single MPA. Important patterns and lessons learned from this data collection will be shared directly with MPA managers around the country to assist in their management of some of the nation's most treasured ocean and coastal areas.

    Affected Public: State, local and tribal governments.

    Frequency: On occasion and biannually.

    Respondent's Obligation: Voluntary.

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

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

    Dated: March 30, 2015. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2015-07584 Filed 4-2-15; 8:45 am] BILLING CODE 3510-NK-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security [13-BIS-002] In the Matter of: Yavuz Cizmeci, Yesiloy Cad. No. 13, Istanbul 34153, Turkey, Respondent; Order Relating to Yavuz Cizmeci

    The Bureau of Industry and Security, U.S. Department of Commerce (“BIS”), has notified Yavuz Cizmeci of Istanbul, Turkey (“Cizmeci”), that it has initiated an administrative proceeding against Cizmeci pursuant to Section 766.3 of the Export Administration Regulations (the “Regulations”),1 and Section 13(c) of the Export Administration Act of 1979, as amended (the “Act”),2 through the issuance of a Charging Letter to Cizmeci that alleges that Cizmeci committed one violation of the Regulations. Specifically, the charge is:

    1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730-774 (2014). The charged violation occurred in 2008. The Regulations governing the violation at issue are found in the 2008 version of the Code of Federal Regulations (15 CFR parts 730-774). The 2014 Regulations set forth the procedures that apply to this matter.

    2 50 U.S.C. app. §§ 2401-2420 (2000). Since August 21, 2001, the Act has been in lapse and the President, through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has been extended by successive Presidential Notices, the most recent being that of August 7, 2014 (79 FR 46959 (Aug. 11, 2014)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.) 2006 & Supp. IV 2010)).

    Charge 1: 15 CFR 764.2(b)—Causing, Aiding, or Abetting Actions Contrary to the Terms of a Temporary Denial Order

    Between on or about June 26, 2008, and on or about June 27, 2008, Cizmeci caused, aided, abetted, induced, procured or permitted an act or actions prohibited by a BIS Temporary Denial Order (“the TDO”) issued in accordance with Section 766.24 of the Regulations. Specifically, Cizmeci caused, aided, abetted, induced, procured or permitted the participation by Dunyaya Bais Hava Tasimaciligi A.S., also known as Dunyaya Bakis Air Transportation, Inc., and doing business as Ankair (“Ankair”), of Istanbul, Turkey, in a transaction concerning a U.S.-origin Boeing 747 aircraft (manufacturer's serial number 24134, bearing Turkish tail number TC-AKZ), and actions by Ankair facilitating the acquisition, possession and/or control by Iran Air of the aircraft. The Boeing 747 was an item subject to the Regulations, classified under Export Control Classification Number 9A991.b, controlled for anti-terrorism reasons, and valued at least at approximately $5.3 million.

    Cizmeci, who was the CEO and President of Ankair, submitted a letter dated June 26, 2008, to the Turkish Civil Aviation authorities directing that the Boeing 747 aircraft be de-registered in Turkey. Ankair also informed Turkish authorities that the aircraft would be subsequently re-registered in Pakistan. Ankair instead transferred physical possession and control of the aircraft to Iran Air on or about June 27, 2008. The Iran Air crew then ferried the aircraft from Turkey to Iran, where it remained under Iran Air's possession and control. At the time, Ankair's export privileges and those of Iran Air's had been denied under the Regulations by the TDO, which had issued on June 6, 2008.3 The TDO prohibited Ankair from “directly or indirectly, participating in any way in any transaction involving the Boeing 747 (manufacturer serial number 24134, and current tail number TC-AKZ), including, but not limited to . . . [c]arrying on negotiations concerning, or ordering, buying receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving Boeing 747. . . .” Moreover, the TDO provided that no person “may, directly or indirectly, do any of the following . . . [t]ake any action that facilitates the acquisition or attempted acquisition by [Iran Air or] any Denied Person [under the TDO] of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby any Denied Person acquires or attempts to acquire such ownership, possession, or control.” The TDO as issued was effective for 180 days, until December 3, 2008, and continued in force at all times pertinent hereto.

    3 The June 6, 2008 TDO was published in the Federal Register on June 17, 2008 (73 FR 34249). Iran Air was subject to a standard denial order which extended to all items subject to the Regulations. Ankair's restrictions were tailored to transactions and activities involving the Boeing 747 aircraft at issue (manufacturer's serial number 24134).

    In so doing, Cizmeci violated Section 764.2(b) of the Regulations.

    Whereas, BIS and Cizmeci have entered into a Settlement Agreement pursuant to Section 766.18(b) of the Regulations, whereby they agreed to settle this matter in accordance with the terms and conditions set forth therein; and

    Whereas, I have approved of the terms of such Settlement Agreement;

    It is therefore ordered:

    First, Cizmeci shall be assessed a civil penalty in the amount of $50,000, the payment of which shall be made to the U.S. Department of Commerce within 30 days of the date of this Order.

    Second, pursuant to the Debt Collection Act of 1982, as amended (31 U.S.C. 3701-3720E (2000)), the civil penalty owed under this Order accrues interest as more fully described in the attached Notice, and if payment is not made by the due date specified herein, Cizmeci will be assessed, in addition to the full amount of the civil penalty and interest, a penalty charge and an administrative charge, as more fully described in the attached Notice.

    Third, that for a period of twenty (20) years from the date of this Order, Yavuz Cizmeci, with a last known address of Yesiloy Cad. No. 13, Istanbul 34153, Turkey, and when acting for or on his behalf, his successors, assigns, employees, agents or representatives (hereinafter collectively referred to as “Denied Person”), may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as “item”) exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations, including, but not limited to:

    A. Applying for, obtaining, or using any license, License Exception, or export control document;

    B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations; or

    C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations.

    Fourth, that no person may, directly or indirectly, do any of the following:

    A. Export or reexport to or on behalf of the Denied Person any item subject to the Regulations;

    B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person acquires or attempts to acquire such ownership, possession or control;

    C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Person of any item subject to the Regulations that has been exported from the United States;

    D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or

    E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing.

    Fifth, that, after notice and opportunity for comment as provided in Section 766.23 of the Regulations, any person, firm, corporation, or business organization related to the Denied Person by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order.

    Sixth, Cizmeci shall not take any action or make or permit to be made any public statement, directly or indirectly, denying the allegations in the Charging Letter or this Order. The foregoing does not affect Cizmeci's testimonial obligations in any proceeding, nor does it affect his right to take legal or factual positions in civil litigation or other civil proceedings in which the U.S. Department of Commerce is not a party.

    Seventh, the Charging Letter, the Settlement Agreement, and this Order shall be made available to the public.

    Eighth, that this Order shall be served on Cizmeci, and shall be published in the Federal Register.

    This Order, which constitutes the final agency action in this matter, is effective immediately.

    Issued this 23rd day of March, 2015. David W. Mills, Assistant Secretary of Commerce for Export Enforcement.
    [FR Doc. 2015-07566 Filed 4-2-15; 8:45 am] BILLING CODE M
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD834 Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR); Public Meeting AGENCY:

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

    ACTION:

    Notice of SEDAR 43 Data/Assessment Workshop for Gulf of Mexico Gray Triggerfish.

    SUMMARY:

    The SEDAR 43 assessment of the Gulf of Mexico Gray Triggerfish will consist of one workshop and a series of webinars. See SUPPLEMENTARY INFORMATION.

    DATES:

    The SEDAR Workshop will be held from 9 a.m. on April 21, 2015 until 6 p.m. on April 23, 2015. The established time may be adjusted as necessary to accommodate the timely completion of discussion relevant to the assessment process. Such adjustments may result in the meeting being extended from, or completed prior to the time established by this notice.

    ADDRESSES:

    Meeting address: The SEDAR 43 Data/Assessment Workshop will be held at the Courtyard Miami Coconut Grove, 2649 South Bayshore Drive, Miami, FL 33133; telephone: (800) 321-2211.

    SEDAR address: 4055 Faber Place Drive, Suite 201, N. Charleston, SC 29405.

    FOR FURTHER INFORMATION CONTACT:

    Julie Neer, SEDAR Coordinator, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; telephone: (843) 571-4366; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. SEDAR is a multi-step process including: (1) Data/Assessment Workshop, and (2) a series of webinars. The product of the Data/Assessment Workshop is a report which compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses, and describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. Participants for SEDAR Workshops are appointed by the Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils and NOAA Fisheries Southeast Regional Office, HMS Management Division, and Southeast Fisheries Science Center. Participants include data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and NGO's; International experts; and staff of Councils, Commissions, and state and federal agencies.

    SEDAR 43 Data/Assessment Workshop Schedule:

    April 21-23, 2015; SEDAR 43 Workshop

    The items of discussion during the workshop include:

    1. An assessment data set and associated documentation will be developed during the Workshop.

    2. Participants will evaluate proposed data and select appropriate sources for providing information on life history characteristics, catch statistics, discard estimates, length and age composition, and fishery dependent and fishery independent measures of stock abundance.

    3. Using datasets selected, participants will develop population models to evaluate stock status, estimate population benchmarks and management criteria, and project future conditions.

    4. Participants will recommend the most appropriate methods and configurations for determining stock status and estimating population parameters.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

    Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the Council office (see ADDRESSES) at least 10 business days prior to each workshop.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: March 31, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-07699 Filed 4-2-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-17-2015] Foreign-Trade Zone (FTZ) 127—West Columbia, South Carolina; Notification of Proposed Production Activity; Isola USA Corporation (Dielectric Prepreg and Copper-Clad Laminate); Ridgeway, South Carolina

    The Richland-Lexington Airport District, Columbia Metropolitan Airport, grantee of FTZ 127, submitted a notification of proposed production activity to the FTZ Board on behalf of Isola USA Corporation (Isola) located in Ridgeway, South Carolina. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on March 17, 2015.

    The Isola facility is located within Site 4 of FTZ 127. The facility is used to produce customized dielectric prepreg and copper-clad laminate sheets used by its customers to fabricate multilayer printed circuit boards. Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status materials and components and specific finished products described in the submitted notification (as described below) and subsequently authorized by the FTZ Board.

    Production under FTZ procedures could exempt Isola from customs duty payments on the foreign-status material used in export production. On its domestic sales, Isola would be able to choose the duty rates during customs entry procedures that apply to customized dielectric prepreg and copper-clad laminate sheets (duty rates—4.2% and 3%, respectively) for foreign-status electrical grade woven fiberglass rolls and bonding prepreg (duty rates—7.3% and 4.2%, respectively). Customs duties also could possibly be deferred or reduced on foreign-status production equipment.

    Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board's Executive Secretary at the address below. The closing period for their receipt is May 13, 2015.

    A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the FTZ Board's Web site, which is accessible via www.trade.gov/ftz.

    For further information, contact Diane Finver at [email protected] or (202) 482-1367.

    Dated: March 27, 2015. Elizabeth Whiteman, Acting Executive Secretary.
    [FR Doc. 2015-07718 Filed 4-2-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

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

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: National Saltwater Angler Registry and State Exemption Program.

    OMB Control Number: 0648-0578.

    Form Number(s): None.

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

    Number of Respondents: 15,122.

    Average Hours per Response: 3 minutes.

    Burden Hours: 756.

    Needs and Uses: This request is for revision and extension of a currently approved collection. The registration fee was changed from $15 to $25.

    The National Saltwater Angler Registry Program (Registry Program) was established to implement recommendations included in the review of national saltwater angling data collection programs conducted by the National Research Council (NRC) in 2005/2006, and the provisions of the Magnuson-Stevens Reauthorization Act, codified at Section 401(g) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), which require the Secretary of Commerce to commence improvements to recreational fisheries surveys, including establishing a national saltwater angler and for-hire vessel registry, by January 1, 2009. A final rule that includes regulatory measures to implement the Registry Program (RIN 0648-AW10) was adopted and codified in 50 CFR 600.1400-600.1417.

    The Registry Program collects identification and contact information from those anglers and for-hire vessels who are involved in recreational fishing in the United States Exclusive Economic Zone or for anadromous fish in any waters, unless the anglers or vessels are exempted from the registration requirement. The data that is collected includes: For anglers: Name, address, date of birth, telephone contact information and region(s) of the country in which they fish; for for-hire vessels: owner and operator name, address, date of birth, telephone contact information, vessel name and registration/documentation number and home port or primary operating area. This information is compiled into a national and/or series of regional registries that is being used to support surveys of recreational anglers and for-hire vessels to develop estimates of recreational angling effort.

    Affected Public: Individuals or households; business or other for-profit organizations.

    Frequency: Annually.

    Respondent's Obligation: Mandatory.

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

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

    Dated: March 30, 2015. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2015-07586 Filed 4-2-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S-12-2015] Approval of Subzone Status; MAT Industries, LLC; Springfield, Minnesota

    On January 29, 2015, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the Greater Metropolitan Area Foreign Trade Zone Commission, grantee of FTZ 119, requesting subzone status subject to the existing activation limit of FTZ 119 on behalf of MAT Industries, LLC, in Springfield, Minnesota.

    The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment (80 FR 6040, 2-4-2015). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval.

    Pursuant to the authority delegated to the FTZ Board's Executive Secretary (15 CFR Sec. 400.36(f)), the application to establish Subzone 119J is approved, subject to the FTZ Act and the Board's regulations, including Section 400.13, and further subject to FTZ 119's 2,000-acre activation limit.

    Dated: March 25, 2015. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2015-07724 Filed 4-2-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [Application No. 14-00003] Export Trade Certificate of Review ACTION:

    Notice of Issuance of an Export Trade Certificate of Review for Wayne Jones dba Imani Resource Service (“WJIR”), Application no. 14-00003.

    SUMMARY:

    The Office of Trade and Economic Analysis (“OTEA”) of the International Trade Administration, Department of Commerce, issued an Export Trade Certificate of Review to WJIR on March 10, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, (202) 482-5131 (this is not a toll-free number) or email at [email protected].

    SUPPLEMENTARY INFORMATION:

    Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. Section 302(b)(1) of the Export Trading Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the Federal Register identifying the applicant and summarizing its proposed export conduct.

    Description of Certified Conduct

    WJIR is certified to engage in the Export Trade Activities and Methods of Operation described below in the following Export Trade and Export Markets.

    Export Trade

    Products: All Products.

    Services: All services related to the export of Products.

    Technology Rights: All intellectual property rights associated with Products or Services, including, but not limited to: Patents, trademarks, services marks, trade names, copyrights, neighboring (related) rights, trade secrets, know-how, and confidential databases and computer programs.

    Export Trade Facilitation Services (as They Relate to the Export of Products): Export Trade Facilitation Services, including but not limited to: Consulting and trade strategy; arranging and coordinating delivery of Products to the port of export; arranging for inland and/or ocean transportation; allocating Products to vessel; arranging for storage space at port; arranging for warehousing, stevedoring, wharfage, handling, inspection, fumigation, and freight forwarding; insurance and financing; documentation and services related to compliance with customs' requirements; sales and marketing; export brokerage; foreign marketing and analysis; foreign market development; overseas advertising and promotion; Product-related research and design based upon foreign buyer and consumer preferences; inspection and quality control; shipping and export management; export licensing; provisions of overseas sales and distribution facilities and overseas sales staff; legal; accounting and tax assistance; development and application of management information systems; trade show exhibitions; professional services in the area of government relations and assistance with federal and state export assistance programs; invoicing (billing) foreign buyers; collecting (letters of credit and other financial instruments) payment for Products; and arranging for payment of applicable commissions and fees.

    Export Markets

    The Export Markets include all parts of the world except the United States (the fifty states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands).

    Export Trade Activities and Methods of Operations

    To engage in Export Trade in the Export Markets, WJIR may provide and/or arrange for the provision of Export Trade Facilitation Services.

    Definition

    “Supplier” means a person who produces, provides, or sells Products, Services, and/or Technology Rights.

    Dated: March 31, 2015. Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration.
    [FR Doc. 2015-07717 Filed 4-2-15; 8:45 am] BILLING CODE 3510-DR-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

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

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: Alaska Commercial Operator's Annual Report (COAR).

    OMB Control Number: 0648-0428.

    Form Number(s): None.

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

    Number of Respondents: 179.

    Average Hours per Response: 8 hours.

    Burden Hours: 1,432.

    Needs and Uses: This request is for extension of a currently approved information collection.

    The Alaska Commercial Operator's Annual Report (COAR) is a report that collects harvest and production information broken out by specific criteria such as gear type, area, delivery and product type, and pounds and value. The COAR is due by April 1 of the year following any buying or processing activity.

    Any person or company who received a Fisheries Business License from the Alaska Department of Revenue and an Intent to Operate Permit by Alaska Department of Fish and Game (ADF&G) is required to annually submit the COAR to the State of Alaska, Alaska Department of Fish and Game (ADF&G), under Alaska Administrative Code (AAC), chapter 5 AAC 39.130. In addition, any person or company who receives an Exclusive Economic Zone (EEZ)-only permit from ADF&G annually must submit a COAR to ADF&G. Any owner of a catcher/processor or mothership with a Federal permit operating in the EEZ off Alaska is required to annually submit a COAR to ADF&G under 50 CFR part 679.5(p).

    The COAR provides information on ex-vessel and first wholesale values for statewide fish and shellfish products. Containing information from shoreside processors, stationary floating processors, motherships, and catcher/processors, this data collection yields equivalent annual product value information for all respective processing sectors and provides a consistent time series according to which groundfish resources may be managed more efficiently.

    Affected Public: Business or other for-profit organizations.

    Frequency: Annually.

    Respondent's Obligation: Mandatory.

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

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

    Dated: March 30, 2015. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2015-07585 Filed 4-2-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket No.: 150318278-5278-01] National Cybersecurity Center of Excellence Access Rights Management Use Case for the Financial Services Sector AGENCY:

    National Institute of Standards and Technology, Department of Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The National Institute of Standards and Technology (NIST) invites organizations to provide products and technical expertise to support and demonstrate security platforms for access rights management for the financial services sector. This notice is the initial step for the National Cybersecurity Center of Excellence (NCCoE) in collaborating with technology companies to address cybersecurity challenges identified under the financial services sector program. Participation in the use case is open to all interested organizations.

    DATES:

    Interested parties must contact NIST to request a letter of interest template. Letters of interest will be accepted on a first come, first served basis. Collaborative activities will commence as soon as enough completed and signed letters of interest have been returned to address all the necessary components and capabilities, but no earlier than May 4, 2015. When the use case has been completed, NIST will post a notice on the NCCoE financial services sector program Web site at http://nccoe.nist.gov/financial-services announcing the completion of the use case and informing the public that it will no longer accept letters of interest for this use case.

    ADDRESSES:

    The NCCoE is located at 9600 Gudelsky Drive, Rockville, MD 20850. Letters of interest must be submitted to [email protected] or via hardcopy to National Institute of Standards and Technology, NCCoE; 9600 Gudelsky Drive; Rockville, MD 20850. Organizations whose letters of interest are accepted in accordance with the Process set forth in the SUPPLEMENTARY INFORMATION section of this notice will be asked to sign a Cooperative Research and Development Agreement (CRADA) with NIST. A CRADA template can be found at: http://nccoe.nist.gov/node/138.

    FOR FURTHER INFORMATION CONTACT:

    Michael Stone via email at [email protected]; or telephone 240-314-6813; National Institute of Standards and Technology, NCCoE; 9600 Gudelsky Drive; Rockville, MD 20850. Additional details about the Financial Services Sector program are available at http://nccoe.nist.gov/financial-services.

    SUPPLEMENTARY INFORMATION:

    Background: The NCCoE, part of NIST, is a public-private collaboration for accelerating the widespread adoption of integrated cybersecurity tools and technologies. The NCCoE brings together experts from industry, government, and academia under one roof to develop practical, interoperable cybersecurity approaches that address the real-world needs of complex Information Technology (IT) systems. By accelerating dissemination and use of these integrated tools and technologies for protecting IT assets, the NCCoE will enhance trust in U.S. IT communications, data, and storage systems; reduce risk for companies and individuals using IT systems; and encourage development of innovative, job-creating cybersecurity products and services.

    Process: NIST is soliciting responses from all sources of relevant security capabilities (see below) to enter into a Cooperative Research and Development Agreement (CRADA) to provide products and technical expertise to support and demonstrate security platforms for the Access Rights Management use case for the Financial Services Sector. The full use case can be viewed at: http://nccoe.nist.gov/sites/default/files/NCCoE_FS_Use_Case_IDAM_FinalDraft_20140501.pdf.

    Interested parties should contact NIST using the information provided in the FOR FURTHER INFORMATION CONTACT section of this notice. NIST will then provide each interested party with a letter of interest template, which the party must complete, certify that it is accurate, and submit to NIST. NIST will contact interested parties if there are questions regarding the responsiveness of the letters of interest to the use case objective or requirements identified below. NIST will select participants who have submitted complete letters of interest on a first come, first served basis within each category of product components or capabilities listed below up to the number of participants in each category necessary to carry out this use case. However, there may be continuing opportunity to participate even after initial activity commences. Selected participants will be required to enter into a consortium CRADA with NIST. NIST published a notice in the Federal Register on October 19, 2012 (77 FR 64314) inviting U.S. companies to enter into National Cybersecurity Excellence Partnerships (NCEPs) in furtherance of the NCCoE. For this demonstration project, NCEP partners will not be given priority for participation.

    Use Case Objective: The goal of this project is to demonstrate ways to link together the management of existing disparate identity and access mechanisms and systems into a comprehensive identity and access management (IDAM) system. This will enable financial sector entities to centrally issue, validate, and modify or revoke access rights for their entire enterprise based on easy-to-understand business rules. This IDAM system will abstract, unify, and simplify the complex task of dealing with multiple types of access systems, such as Windows Active Directory, Unix/Linux, Resource Access Control Facility (RACF), automatic class selection (ACS2) and myriad legacy and internally developed application-specific mechanisms. This IDAM system will also produce consolidated reports and statistics so that administrators and managers can make accurate risk management decisions. This IDAM system will, at a minimum, automate the monitoring and analysis of identity related activities in a manner that enables administrators and managers to make timely and informed risk management decisions.

    Requirements: Each responding organization's letter of interest should identify which security platform components or capabilities it is offering. Components are listed in section six (for reference, please see link in PROCESS section above) of the Access Rights Management for the Financial Services Sector use case and include, but are not limited to:

    • Mainframe (may be simulated or remotely accessed) such as RACF • Representative “homemade” financial sector application(s) with internal user access database and logging system

    Each responding organization's letter of interest should identify how their products address one or more of the following desired solution characteristics in section two (for reference, please see link in PROCESS section above) of the Access Rights Management for the Financial Services Sector use case:

    1. Is a single system that is capable of interacting with multiple existing accesses 2. Has management systems to provide a complete picture of access rights within the organization 3. Complements, and does not replace, existing security infrastructure 4. Utilizes secure communications among all components 5. Automates logging, reporting and alerting of identity and access management events across the enterprise 6. Can be queried for information (ad-hoc reporting) in order to answer management, performance and security questions (i.e. show all activity for a given user in a certain time period) 7. Does not introduce new attack vectors into existing systems 8. Supports multiple access levels for the IDAM system (e.g. administrator, operator, viewer) 9. Provides fine-grain privilege controls (e.g. groups, users, directory, file, and record) 10. Provides the ability to attach expiration dates/time limits on access controls 11. Provides the ability to map user's access requests via “service” account access

    Responding organizations need to understand and, in their letters of interest, commit to provide:

    1. Access for all participants' project teams to component interfaces and the organization's experts necessary to make functional connections among security platform components 2. Support for development and demonstration of the Access Rights Management use case for the Financial Services Sector in NCCoE facilities which will be conducted in a manner consistent with Federal requirements (e.g., FIPS 200, FIPS 201, SP 800-53, and SP 800-63)

    Additional details about the Access Rights Management for the Financial Services sector use case are available at: http://nccoe.nist.gov/sites/default/files/NCCoE_FS_Use_Case_IDAM_FinalDraft_20140501.pdf.

    NIST cannot guarantee that all of the products proposed by respondents will be used in the demonstration. Each prospective participant will be expected to work collaboratively with NIST staff and other project participants under the terms of the consortium agreement in the development of the Access Rights Management for the Financial Services sector capability. Prospective participants' contribution to the collaborative effort will include assistance in establishing the necessary interface functionality, connection and set-up capabilities and procedures, demonstration harnesses, environmental and safety conditions for use, integrated platform user instructions, and demonstration plans and scripts necessary to demonstrate the desired capabilities. Each prospective participant will train NIST personnel as necessary, to operate its product in capability demonstrations to the financial services community. Following successful demonstrations, NIST will publish a description of the security platform and its performance characteristics sufficient to permit other organizations to develop and deploy security platforms that meet the security objectives of the Access Rights Management for the Financial Services sector use case. These descriptions will be public information. Under the terms of the consortium agreement, NIST will support development of interfaces among participants' products by providing IT infrastructure, laboratory facilities, office facilities, collaboration facilities, and staff support to component composition, security platform documentation, and demonstration activities.

    The dates of the demonstration of the Access Rights Management for the Financial Services sector capability will be announced on the NCCoE Web site at least two weeks in advance at http://nccoe.nist.gov/. The expected outcome of the demonstration is to improve access rights management across an entire financial services sector enterprise. Participating organizations will gain from the knowledge that their products are interoperable with other participants' offerings.

    For additional information on the NCCoE governance, business processes, and NCCoE operational structure, visit the NCCoE Web site http://nccoe.nist.gov/.

    Richard Cavanagh, Acting Associate Director for Laboratory Programs.
    [FR Doc. 2015-07590 Filed 4-2-15; 8:45 am] BILLING CODE 3510-13-P
    DEPARTMENT OF COMMERCE Economics and Statistics Administration Commerce Data Advisory Council Meeting AGENCY:

    Economic and Statistics Administration, Department of Commerce.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The Economic and Statistics Administration (ESA) is giving notice of a meeting of Commerce Data Advisory Council (CDAC). The CDAC will address areas such as data management practices; common, open data standards; policy issues related to privacy, latency, and consistency; effective models for public-private partnership; external uses of Commerce data; and, methods to build new feedback loops between the Department and data users. The CDAC will meet in a plenary session on April 23-24, 2015. Last-minute changes to the schedule are possible, which could prevent giving advance public notice of schedule adjustments.

    DATES:

    April 23-24, 2015. On April 23, the meeting will begin at approximately 12:00 p.m. and end at approximately 5:00 p.m. On April 24, the meeting will begin at approximately 9:00 a.m. and end at approximately 1:00 p.m.

    ADDRESSES:

    The meeting will be held at Google Washington, DC, 25 Massachusetts Avenue NW., Suite 900, Washington, DC 20001.

    FOR FURTHER INFORMATION CONTACT:

    Burton Reist, [email protected] Director of External Communication and DFO, CDAC, Department of Commerce, Economics and Statistics Administration, 1401 Constitution Ave. NW., Washington, DC 20230, telephone (202) 482-3331.

    SUPPLEMENTARY INFORMATION:

    The CDAC comprises as many as 20 members. The Committee provides an organized and continuing channel of communication between recognized experts in the data industry (collection, compilation, analysis, dissemination and privacy protection) and the Department of Commerce. The CDAC provides advice and recommendations, to include process and infrastructure improvements, to the Secretary, DOC and the DOC data-bureau leadership on ways to make Commerce data easier to find, access, use, combine and disseminate. The aim of this advice shall be to maximize the value of Commerce data to all users including governments, businesses, communities, academia, and individuals.

    The Committee meeting is in accordance with the Federal Advisory Committee Act (Title 5, United States Code, Appendix 2, Section 10(a)(b)).

    All meetings are open to the public. A brief period will be set aside at the meeting for public comment on April 24, 2015. However, individuals with extensive questions or statements must submit them in writing to: [email protected] (subject line “APRIL 2015 CDAC Meeting Public Comment”), or by letter submission to the Director of External Communication and DFO, CDAC, Department of Commerce, Economics and Statistics Administration, 1401 Constitution Ave. NW., Washington, DC 20230. Such submissions will be included in the record for the meeting if received by Friday, April 17, 2015.

    The meeting is physically accessible to persons with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the Director of External Communication as soon as possible, preferably two weeks prior to the meeting. If you plan to attend the meeting, please register by Monday, April 20, 2015. You may access the online registration from the following link: https://www.regonline.com/cdac_april_2015_meeting.

    Seating is available to the public on a first-come, first-served basis.

    Dated: March 30, 2015. Austin Durrer, Chief of Staff for Under Secretary for Economic Affairs, Economics and Statistics Administration.
    [FR Doc. 2015-07773 Filed 4-2-15; 8:45 am] BILLING CODE P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-932] Steel Threaded Rod From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Scope Ruling on Antidumping Duty Order and Notice of Amended Final Results of Scope Ruling on Antidumping Duty Order AGENCY:

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

    SUMMARY:

    On September 22, 2014, the United States Court of Appeals for the Federal Circuit (CAFC) issued a decision that engineered steel coil rod (coil rod) imported by A.L. Patterson, Inc. (Patterson) was outside the scope of the antidumping duty order on certain steel threaded rod from the People's Republic of China on threaded rod from the PRC.1 On December 29, 2014, the United States Court of International Trade (CIT or Court) issued an order for the Department to take action on remand in accordance with the CAFC's decision and to find that Patterson's engineered steel coil rod is outside the scope of the AD Order. 2 On March 3, 2015, the CIT issued final judgment in A.L. Patterson, Inc. v. United States, Consol. Court No. 11-00192, affirming the Department of Commerce's (the Department) final results of redetermination pursuant to remand.3

    1See A.L. Patterson, Inc., v. United States, 585 Fed. Appx. 778, 785-86 (Fed. Cir. 2014) (Patterson CAFC 2014); see also Certain Steel Threaded Rod from the People's Republic of China: Notice of Antidumping Duty Order, 74 FR 17154 (April 4, 2009) (AD Order).

    2See A.L. Patterson, Inc. v. United States, Court No. 11-00192 (CIT December 29, 2014) (CIT Second Remand Order).

    3See Results of Redetermination Pursuant to Remand, A.L. Patterson v. United States, Consol. Court No. 11-00192 (Jan. 26, 2015), available at: http://enforcement.trade.gov/remands/ (Final Second Remand Redetermination).

    Consistent with section 516A of the Tariff Act of 1930, as amended (the Act), 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 scope ruling on the antidumping duty order on certain steel threaded rod from the People's Republic of China, and is amending the final results with respect to coil rod imported by Patterson.

    DATES:

    Effective Date: October 2, 2014.

    FOR FURTHER INFORMATION CONTACT:

    Anne Gillman, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6433.

    SUPPLEMENTARY INFORMATION: Background

    In our initial scope ruling, the Department found coil rod imported by Patterson within the scope of the AD Order on threaded rod from the PRC.4 In that scope ruling, the Department stated that the description of the product contained in the petition, the initial investigation, and the determinations by the Department (including prior scope determinations) and the International Trade Commission (ITC) were, in fact, dispositive with respect to Patterson's engineered steel coil rod.5 Therefore, the Department conducted the scope determination pursuant to 19 CFR 351.225(k)(1). Based on that analysis, as the scope language of the AD Order was clear in its requirement that subject merchandise consist of products with solid, circular cross sections, with threading along greater than 25 percent threading of their total length, and Patterson's coil rod met these specific requirements of the scope of AD Order, the Department found that Patterson's coil rod was within the scope of the AD Order. 6

    4See Certain Steel Threaded Rod from the People's Republic of China: A.L. Patterson Final Scope Ruling, A-570-932 (May 24, 2011) (Final Scope Ruling); see also AD Order.

    5See Final Scope Ruling at 5.

    6Id., at 5-6.

    Patterson challenged the Department's Final Scope Ruling in the CIT. On August 6, 2012, the CIT remanded the Final Scope Ruling to the Department to reconsider its decision that the engineered steel coil rod imported by Patterson falls within the scope of the AD Order. 7 Specifically, the Court held that: (1) The Department's decision that the scope language encompasses Patterson's product is not supported by substantial evidence; (2) if there is no finding of injury or sales at less-than-fair-value (LTFV) for Patterson's product, the Department's determination is not in accordance with law; and (3) the Department failed to adequately explain the reasons for its determination.8 The CIT instructed the Department on remand “to reconsider whether the language of the order includes Patterson's coil rod, following the interpretive procedure established in 19 CFR 351.225(k)(1).” 9

    7See A.L. Patterson, Inc. v. United States, 34 Int'l Trade Rep. (BNA) 1894 (CIT 2012) (CIT First Remand Order).

    8See CIT First Remand Order at 9-17.

    9Id., at 18.

    On remand, the Department re-examined the language of the petition, prior scope determinations, and original investigations of the Department and ITC, and the Department continued to find that Patterson's coil rod is within the scope of the AD Order. 10 After reviewing the petition, the ITC reports, and the original investigations, the Department found that Patterson's coil rod matched the physical description of the same class or kind of merchandise previously considered by the Department and the ITC based on carbon content, threading along the rod, and circular cross-section.11 Accordingly, the Department found that Patterson's coil rod was within the scope of the AD Order under an analysis conducted pursuant to 19 CFR 351.225(k)(1).12

    10See Final Results of Redetermination Pursuant to Remand (December 4, 2012) at 14 (First Remand Redetermination).

    11Id., at 14 and 16-19.

    12Id., at 14.

    On May 22, 2013, the CIT sustained the Department's First Remand Redetermination.13 Patterson appealed the CIT's judgment to the CAFC.

    13See A.L. Patterson, Inc. v. United States, Court No. 11-00192 (CIT May 22, 2013).

    On September 22, 2014, the CAFC reversed the CIT's judgment sustaining the First Remand Redetermination. As detailed below, the CAFC concluded, among other things, that substantial evidence did not support the Department's determination that the coil rod at issue was part of the ITC's domestic industry analysis during its investigation.14 Specifically, the CAFC found that “the record before us shows that the investigations that supported the antidumping order was {sic} not on Patterson's coil rod but rather other kinds of steel threaded rods.” 15 Therefore, the CAFC concluded that “there is insufficient evidence to conclude that Patterson's coil rod, a distinctly different product than steel threaded rod, was part of the {ITC}'s material injury investigation,” and as such, found that Patterson's engineered steel coil rod is not subject to the AD order.16 On December 29, 2014, the CIT issued an order for the Department to take action on remand in accordance with the CAFC's decision in Patterson CAFC 2014 and to find that Patterson's engineered steel coil rod is outside the scope of the AD Order. 17 In the Final Second Remand Redetermination, and in following the express directive of the CIT Second Remand Order, which instructed the Department to act in accordance with the CAFC's decision in Patterson CAFC 2014, the Department found that the AD Order did not cover Patterson's coil rod.18 The CIT affirmed the Department's Final Second Remand Determination in its entirety on March 3, 2015, and entered judgment.19

    14See A.L. Patterson, Inc., v. United States, 585 Fed. Appx. 778, 785-86 (Fed. Cir. 2014) (Patterson CAFC 2014).

    15Id.; Cf. Sango Int'l, L.P. v. United States, 484 F. 3d 1371, 1380-1 (CAFC 2007).

    16See Patterson CAFC 2014 at 15.

    17See CIT Second Remand Order.

    18 Final Second Remand Determination.

    19See A.L. Patterson, Inc. v. United States, Court No. 11-00192 (CIT March 3, 2015).

    Statutory Notice

    The CAFC's decision in Patterson CAFC 2014 and the CIT's March 3, 2015, judgment affirming the Final Second Remand Determination constitutes final court decisions that are not in harmony with the Final Scope Ruling. This notice is published in fulfillment of the statutory publication requirements.

    Amended Final Results

    Because there is now a final court decision, the Department is amending the Final Scope Ruling with respect to Patterson's coil rod as redetermined in the Final Second Remand Redetermination and finds engineered steel coil rod imported by imported by A.L. Patterson, Inc. to be outside the scope of the AD Order.

    Cash Deposit Requirements

    Because we now find that the scope of the AD Order does not cover Patterson's coil rod, no cash deposits for estimated antidumping duties on future entries of Patterson's coil rod merchandise will be required.

    Notification to Interested Parties

    This notice is issued and published in accordance with sections 516A(e)(1) and 777(i)(1) of the Act.

    Dated: March 27, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-07771 Filed 4-2-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews AGENCY:

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

    SUMMARY:

    The Department of Commerce (“the Department”) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with February anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews.

    DATES:

    Effective Dates: April 3, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Brenda E. Waters, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-4735.

    SUPPLEMENTARY INFORMATION: Background

    The Department has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various antidumping and countervailing duty orders and findings with February anniversary dates. With respect to the antidumping duty orders of Certain Frozen Warmwater Shrimp from India and Thailand, the initiation of the antidumping duty administrative review for these cases will be published in a separate initiation notice.

    All deadlines for the submission of various types of information, certifications, or comments or actions by the Department discussed below refer to the number of calendar days from the applicable starting time.

    Notice of No Sales

    If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review (“POR”), it must notify the Department within 30 days of publication of this notice in the Federal Register. All submissions must be filed electronically at http://access.trade.gov in accordance with 19 CFR 351.303.1 Such submissions are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (“the Act”). Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every party on the Department's service list.

    1See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011).

    Respondent Selection

    In the event the Department limits the number of respondents for individual examination for administrative reviews, the Department intends to select respondents based on U.S. Customs and Border Protection (“CBP”) data for U.S. imports during the POR. We intend to release the CBP data under Administrative Protective Order (“APO”) to all parties having an APO within seven days of publication of this initiation notice and to make our decision regarding respondent selection within 21 days of publication of this Federal Register notice. The Department invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the applicable review. Rebuttal comments will be due five days after submission of initial comments.

    In the event the Department decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act:

    In general, the Department has found that determinations concerning whether particular companies should be “collapsed” (i.e., treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, the Department will not conduct collapsing analyses at the respondent selection phase of this review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this antidumping proceeding (i.e., investigation, administrative review, new shipper review or changed circumstances review). For any company subject to this review, if the Department determined, or continued to treat, that company as collapsed with others, the Department will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, the Department will not collapse companies for purposes of respondent selection. Parties are requested to (a) identify which companies subject to review previously were collapsed, and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete the Quantity and Value (“Q&V”) Questionnaire for purposes of respondent selection, in general each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of this proceeding where the Department considered collapsing that entity, complete Q&V data for that collapsed entity must be submitted.

    Deadline for Withdrawal of Request for Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), a party that has requested a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that the Department may extend this time if it is reasonable to do so. In order to provide parties additional certainty with respect to when the Department will exercise its discretion to extend this 90-day deadline, interested parties are advised that the Department does not intend to extend the 90-day deadline unless the requestor demonstrates that an extraordinary circumstance has prevented it from submitting a timely withdrawal request. Determinations by the Department to extend the 90-day deadline will be made on a case-by-case basis.

    Separate Rates

    In proceedings involving non-market economy (“NME”) countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department's policy to assign all exporters of merchandise subject to an administrative review in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate.

    To establish whether a firm is sufficiently independent from government control of its export activities to be entitled to a separate rate, the Department analyzes each entity exporting the subject merchandise under a test arising from the Final Determination of Sales at Less Than Fair Value: Sparklers from the People's Republic of China, 56 FR 20588 (May 6, 1991), as amplified by Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the People's Republic of China, 59 FR 22585 (May 2, 1994). In accordance with the separate rates criteria, the Department assigns separate rates to companies in NME cases only if respondents can demonstrate the absence of both de jure and de facto government control over export activities.

    All firms listed below that wish to qualify for separate rate status in the administrative reviews involving NME countries must complete, as appropriate, either a separate rate application or certification, as described below. For these administrative reviews, in order to demonstrate separate rate eligibility, the Department requires entities for whom a review was requested, that were assigned a separate rate in the most recent segment of this proceeding in which they participated, to certify that they continue to meet the criteria for obtaining a separate rate. The Separate Rate Certification form will be available on the Department's Web site at http://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register notice. In responding to the certification, please follow the “Instructions for Filing the Certification” in the Separate Rate Certification. Separate Rate Certifications are due to the Department no later than 30 calendar days after publication of this Federal Register notice. The deadline and requirement for submitting a Certification applies equally to NME-owned firms, wholly foreign-owned firms, and foreign sellers who purchase and export subject merchandise to the United States.

    Entities that currently do not have a separate rate from a completed segment of the proceeding 2 should timely file a Separate Rate Application to demonstrate eligibility for a separate rate in this proceeding. In addition, companies that received a separate rate in a completed segment of the proceeding that have subsequently made changes, including, but not limited to, changes to corporate structure, acquisitions of new companies or facilities, or changes to their official company name 3 , should timely file a Separate Rate Application to demonstrate eligibility for a separate rate in this proceeding. The Separate Rate Status Application will be available on the Department's Web site at http://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register notice. In responding to the Separate Rate Status Application, refer to the instructions contained in the application. Separate Rate Status Applications are due to the Department no later than 30 calendar days of publication of this Federal Register notice. The deadline and requirement for submitting a Separate Rate Status Application applies equally to NME-owned firms, wholly foreign-owned firms, and foreign sellers that purchase and export subject merchandise to the United States.

    2 Such entities include entities that have not participated in the proceeding, entities that were preliminarily granted a separate rate in any currently incomplete segment of the proceeding (e.g., an ongoing administrative review, new shipper review, etc.) and entities that lost their separate rate in the most recently completed segment of the proceeding in which they participated.

    3 Only changes to the official company name, rather than trade names, need to be addressed via a Separate Rate Application. Information regarding new trade names may be submitted via a Separate Rate Certification.

    For exporters and producers who submit a separate-rate status application or certification and subsequently are selected as mandatory respondents, these exporters and producers will no longer be eligible for separate rate status unless they respond to all parts of the questionnaire as mandatory respondents.

    Initiation of Reviews

    In accordance with 19 CFR 351.221(c)(1)(i), we are initiating administrative reviews of the following antidumping and countervailing duty orders and findings. We intend to issue the final results of these reviews not later than February 29, 2016.

    Period to be
  • reviewed
  • Antidumping Duty Proceedings Brazil: Stainless Steel Bar, A-351-825 2/1/14-1/31/15 Villares Metals S.A India: Certain Preserved Mushrooms, A-533-813 2/1/14-1/31/15 Agro Dutch Foods Limited (Agro Dutch Industries Limited) Himalya International Ltd. Hindustan Lever Ltd. (formerly Ponds India, Ltd.) Transchem, Ltd. Weikfield Foods Pvt. Ltd. India: Stainless Steel Bar, A-533-810 2/1/14-1/31/15 Ambica Steels Limited Bhansali Bright Bars Pvt. Ltd. Bhansali Bright Bars Private Limited Italy: Stainless Steel Butt-Weld Pipe Fittings, A-475-828 2/1/14-1/31/15 Filmag Italia Spa Mexico: Large Residential Washers, A-201-842 2/1/14-1/31/15 Electrolux Home Products Corp. NV Electrolux Home Products de Mexico, S.A. de C.V. Samsung Electronics Mexico S.A. de C.V. Republic of Korea: Certain Cut-to-Length Carbon-Quality Steel Plate, A-580-836 2/1/14-1/31/15 BDP International Daewoo International Corp. Dongkuk Steel Mill Co., Ltd. GS Global Corp. Hyundai Glovis Hyundai Steel Co. Iljin Steel Samsung C&T Corporation Samsung C&T Engineering & Construction Group Samsung C&T Trading and Investment Group Samsung Heavy Industries Steel N People Ltd. Republic of Korea: Large Residential Washers, A-580-868 2/1/14-1/31/15 Daewoo Electronics Corporation LG Electronics, Inc. Samsung Electronics Co., Ltd. Socialist Republic of Vietnam: Frozen Warmwater Shrimp, A-552-802 2/1/14-1/31/15 Amanda Foods (Vietnam) Ltd. Ngoc Tri Seafood Company (Amanda's affiliate) Amanda Seafood Co., Ltd. An Giang Coffee JSC Anvifish Joint Stock Co. Asia Food Stuffs Import Export Co., Ltd. Bac Lieu Fisheries Joint Stock Company (“Bac Lieu”) Bac Lieu Fisheries Joint Stock Company Bentre Aquaproduct Import & Export Joint Stock Company Ben Tre Forestry and Aquaproduct Import Export Joint Stock Company (“Faquimex”) Bien Dong Seafood Co., Ltd. BIM Seafood Joint Stock Company Binh An Seafood Joint Stock Company B.O.P. Limited Co. C.P. Vietnam Corporation C.P. Vietnam Corporation (“C.P. Vietnam”) C.P. Vietnam Livestock Company Limited C.P. Vietnam Livestock Corporation Cai Doi Vam Seafood Import-Export Co. (“CADOVIMEX”) and/or CADOVIMEX Seafood Import-Export and Processing Joint Stock Company Cadovimex Seafood Import-Export and Processing Joint-Stock Company (“Cadovimex”) Cadovimex Seafood Import-Export and Processing Joint Stock Company (“CADOVIMEX-VIETNAM”) Cai Doi Vam Seafood Import-Export Company Caidoivam Seafood Company (Cadovimex) Cafatex Cafatex Corporation Cafatex Fishery Joint Stock Corporation Cafatex Vietnam Cafatex Fishery Joint Stock Corporation (“Cafatex Corp.”) Ca Mau Seafood Joint Stock Company (“Seaprimexco Vietnam”) Ca Mau Seafood Joint Stock Company (“Seaprimexco”) Ca Mau Seafood Joint Stock Company (“SEAPRIMEXCO”) Cam Ranh Seafoods Cam Ranh Seafoods Processing Enterprise Company Cam Ranh Seafoods Processing Enterprise Processing Pte. Ca Mau Frozen Seafood Processing Import Export Corporation (“CAMIMEX”) Camau Frozen Seafood Processing Import Export Corporation (“Camimex”) Camau Frozen Seafood Processing Import Export Corp. (CAMIMEX-FAC 25) Camau Frozen Seafood Processing Import Export Corporation (“Camimex”) Camau Frozen Seafood Processing Import-Export Corporation (“CAMIMEX”) Camau Seafood Processing and Service Joint-Stock Company (“CASES”) Camau Seafood Processing and Service Jointstock Corporation (“CASES”) Camau Seafood and Service Joint Stock Company (“CASES”) Camau Seafood Factory No. 4 Camau Seafood Factory No. 5 Can Tho Import Export Fishery Limited Company (“CAFISH”) Can Tho Agricultural and Animal Product Import Export Company (“CATACO”) Can Tho Agricultural and Animal Products Import Export Company (“CATACO”) Can Tho Agricultural and Animal Products Imex Company Can Tho Agricultural Products Can Tho Import Export Seafood Joint Stock Company (CASEAMEX) Cau Tre Enterprise (C.T.E.) Cautre Export Goods Processing Joint Stock Company CL Fish Co., Ltd. (Cuu Long Fish Company) Coastal Fisheries Development Corporation (“COFIDEC”) Cong Ty Tnhh Thong Thuan (Thong Thuan) Cuu Long Seaproducts Company (“Cuu Long Seapro”) Cuulong Seaproducts Company (“Cuu Long Seapro”) Cuulong Seaproducts Company (“Cuulong Seapro”) D & N Foods Processing (Danang Company Ltd.) Danang Seaproducts Import Export Corporation (“Seaprodex Danang”) Danang Seaproducts Import-Export Corporation (“Seaprodex Danang”) (and its affiliates) Danang Seaproducts Import-Export Corporation (and its affiliate, Tho Quang Seafood Processing and Export Company) (collectively, “Seaprodex Danang”) Duy Dai Corporation Fimex VN Fine Foods Company (FFC) (Ca Mau Foods & Fishery Export Joint Stock Company) Frozen Seafoods Factory No. 32 Frozen Seafoods Factory No. 32 (Tho Quang Seafood Processing and Export Company) Gallant Dachan Seafood Co., Ltd. Gallant Ocean (Vietnam) Co., Ltd. Gallant Ocean (Quang Ngai) Co., Ltd. Gn Foods Green Farms Seafood Joint Stock Company Hai Thanh Food Company Ltd. Hai Viet Corporation (“HAVICO”) Hai Viet Corporation (HAVICO) Hai Vuong Co., Ltd. Han An Trading Service Co., Ltd. Hoang Hai Company Ltd. Hoang Phuong Seafood Factory Hua Heong Food Industries Vietnam Co. Ltd. Huynh Huong Seafood Processing (Huynh Houng Trading and Import Export Joint Stock Company) Incomfish Incomfish Corp. Interfood Shareholding Co. Investment Commerce Fisheries Investment Commerce Fisheries Corporation (“Incomfish”) Investment Commerce Fisheries Corporation (INCOMFISH) Khanh Loi Seafood Factory Kien Long Seafoods Co. Ltd. Kim Anh Company Limited Kim Anh Company Limited (“Kim Anh”) Long Toan Frozen Aquatic Products Joint Stock Company Luan Vo Fishery Co., Ltd. Minh Chau Imp. Exp. Seafood Processing Co., Ltd. Minh Cuong Seafood Import Export Frozen Processing Joint Stock Company (“Minh Cuong Seafood”) Minh Hai Export Frozen Seafood Processing Joint-Stock Company (“Minh Hai Jostoco”) Minh Hai Joint-Stock Seafoods Processing Company (“Seaprodex Minh Hai”) Minh Hai Joint-Stock Seafoods Processing Company (Seaprodex Minh Hai) (Sea Minh Hai) Minh Hai Sea Products Import Export Company (“Seaprimex Co”) Minh Phat Seafood Minh Phat Seafood Co., Ltd. Minh Phu Seafood Corp. Minh Phu Seafood Pte Minh Phu Seafood Corporation (and its affiliates Minh Qui Seafood Co. Ltd., Minh Phat Seafood Co. Ltd., Minh Phu Hau Giang, collectively “Minh Phu Group”) Minh Phu Hau Giang Seafood Corp. Minh Qui Seafood Minh Qui Seafood Co., Ltd. Mp Consol Co., Ltd. My Son Seafoods Factory Nam Hai Foodstuff and Export Company Ltd Ngo Bros Seaproducts Import-Export One Member Company Limited Ngo Bros Seaproducts Import-Export One Member Company Limited (Ngo Bros. Co., Ltd.) Ngoc Chau Co., Ltd. and/or Ngoc Chau Seafood Processing Company Ngoc Sinh Ngoc Sinh Fisheries Ngoc Sinh Private Enterprises Ngoc Sinh Seafood Processing Company Ngoc Sinh Seafood Trading & Processing Enterprise Ngoc Sinh Seafoods Ngoc Tri Seafood Joint Stock Company Nha Trang Fisheries Joint Stock Company (“Nha Trang Fisco”) Nha Trang Seaproduct Company (“Nha Trang Seafoods”) Nha Trang Seaproduct Company (and its affiliates NT Seafoods Corporation, Nha Trang Seafoods—F.89 Joint Stock Company, NTSF Seafoods Joint Stock Company (collectively “Nha Trang Seafoods Group”) NTSF Seafoods Joint Stock Company (“NTSF Seafoods”) (Nha Trang Seafoods F89 Joint Stock Company) (Nha Trang Seaproduct Company) (NT Seafoods Corporation) Nhat Duc Co., Ltd. (“Nhat Duc”) Nhat Duc Co., Ltd. Nhat Duc Co. Ltd. Phu Cuong Jostoco Corp. Phu Cuong Jostoco Seafood Corporation Phuong Nam Co., Ltd. (“Phuong Nam”) Phuong Nam Co., Ltd. (Phuong Nam Foodstuff Corp.) Phuong Nam Foodstuff Corp. (“Phuong Nam”) Phuong Nam Foodstuff Corp. Quang Minh Seafood Co LTD (“Quang Minh”) Quang Minh Seafood Co., Ltd. Quang Ninh Export Aquatic Products Processing Factory Quang Ninh Seaproducts Factory Quoc Ai Seafood Processing Import Export Co., Ltd. Quoc Viet Seaproducts Processing Trading and Import—Export Co., Ltd. S.R.V. Freight Services Co., Ltd. Sao Ta Foods Joint Stock Company (“FIMEX VN”) (and its factory “Sao Ta Seafoods Factory”) Sao Ta Foods Joint Stock Company (“Fimex VN”) Sao Ta Foods Joint Stock Company (Sao Ta Seafood Factory) (FIMEX VN) Sao Ta Seafood Factory Sea Minh Hai Seafoods and Foodstuff Factory Seaprimexco Seaprimexco Vietnam Seaprodex Danang Seaprodex Minh Hai Seaprodex Minh Hai (Minh Hai Joint Stock Seafoods Processing Co.) Seavina Joint Stock Company Soc Trang Aquatic Products and General Import Export Company (“Stapimex”) Soc Trang Seafood Joint Stock Company (“Stapimex”) Soc Trang Seafood Joint Stock Company (“STAPIMEX”) Sustainable Seafood Tacvan Frozen Seafood Processing Export Company Tacvan Frozen Seafood Processing Export Company (“Tac Van Seafoods Co”) Tai Kim Anh Seafood Joint Stock Corporation Tan Phong Phu Seafood Co., Ltd. Tan Thanh Loi Frozen Food Co., Ltd. Taydo Seafood Enterprise Thanh Doan Seaproducts Import & Export Processing Joint-Stock Company (THADIMEXCO) Thanh Hung Frozen Seafood Processing Import Export Co., Ltd. Thanh Tri Seafood Processing Co. Ltd. Thinh Hung Co., Ltd.Tho Quang Co. Tho Quang Seafood Processing and Export Company Thong Thuan Company Thong Thuan Company Limited Thong Thuan Seafood Company Limited Thong Thuan—Cam Ranh Seafood Joint Stock Company Thuan Phuoc Seafoods and Trading Corporation (“Thuan Phuoc Corp”) Thuan Phuoc Seafoods and Trading Corporation and its separate factories Frozen Seafoods Factory No. 32, Seafoods and Foodstuff Factory, and My Son Seafoods Factory (collectively, “Thuan Phuoc Corp.”) Thuan Phuoc Seafoods and Trading Corporation Tien Tien Garment Joint Stock Company Tithi Co., Ltd. Trang Khan Seafood Co., Ltd. Trong Nhan Seafood Company Limited UTXI Aquatic Products Processing Corporation (“UTXICO”) (and its branch Hoang Phuong Seafood Factory) UTXI Aquatic Products Processing Company Viet Cuong Seafood Processing Import Export Joint-Stock Company Viet Foods Co., Ltd. (“Viet Foods”) Viet Foods Co., Ltd. Viet Hai Seafood Co., Ltd. Viet I-Mei Frozen Foods Co., Ltd. Vietnam Clean Seafood Corporation (“Vina Cleanfood”) Vietnam Clean Seafood Corporation Vietnam Clean Seafood Corporation (VINA Cleanfood) Vietnam Fish One Co., Ltd. Vietnam Fish-One Co., Ltd. (“Fish One”) (Viet Hai Seafood Co., Ltd.) Vietnam Northern Viking Technologies Co. Ltd. Vinatex Danang Vinh Hoan Corp. Vinh Loi Import Export Company (“VIMEX”) Vinh Loi Import Export Company (“Vimexco”) Xi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho Socialist Republic of Vietnam: Steel Wire Garment Hangers, A-552-812 2/1/14-1/31/15 Acton Co, Ltd. Angang Clothes Rack Manufacture Co. Asmara Home Vietnam B2B Co., Ltd. Capco Wai Shing Viet Nam Co. Ltd. CTN Limited Company (a/k/a C.T.N. International Ltd. and CTN Co. Ltd) Cty Tnhn Mtv Xnk My Phuoc (a/k/a Cty Thnh San Xuat My Phuoc Long An Factory) Dai Nam Investment JSC (part of Dai Nam Group) Diep Son Hangers One Member Co. Ltd. (a/k/a Diep Son Hangers Co. Ltd.) Dong Nam A Co. Ltd. (a/k/a Dong Nam A Hamico) Dong Nam A Trading Co. Est Glory Industrial Ltd. Focus Shipping Corp. Godoxa Viet Nam Ltd. (a/k/a Godoxa Vietnam Co. Ltd.) HCMC General Import and Export Investment Joint Stock Company (Imexco) Hongxiang Business and Product Co., Ltd. Huqhu Co., Ltd. Infinite Industrial Hanger Limited (a/k/a Infinite Industrial Hanger Co. Ltd.) Ju Fu Co. Ltd. (a/k/a Jufu Company, Ltd.) Linh Sa Hamico Company, Ltd. Long Phung Co. Ltd. Lucky Cloud (Vietnam) Hanger Co. Ltd. Minh Quang Steel Joint Stock Company (a/k/a Minh Quang Hanger) (Part of the Dai Nam Group) Moc Viet Manufacture Co., Ltd. Nam A Hamico Export Joint Stock Co. (a/k/a Dong Nam Hamico Joint Stock Company) N-Tech Vina Co. Ltd. NV Hanger Co., Ltd. (a/k/a Nguyen Haong Vu Co. Ltd.) Quoc Ha Production Trading Services Co. Ltd. Quyky Group/Quyky Co., Ltd./Quyky-Yangle International Co., Ltd. S.I.I.C. South East Asia Hamico Exports JSC T.J. CO. Ltd. Tan Dinh Enterprise (a/k/a Tan Dihn Enterprise) Tan Minh Textile Sewing Trading Co., Ltd. Thanh Hieu Manufacturing Trading Co. Ltd. The Xuong Co. Ltd. Thien Ngon Printing Co, Ltd. Top Sharp International Trading Limited Triloan Hangers, Inc. Tri-State Trading (a/k/a Nghia Phuong Nam Production Trading) Trung Viet My Joint Stock Company Truong Hong Lao—Viet Joint Stock Uac Co. Ltd. Viet Anh Imp-Exp Joint Stock Co. Viet Hanger Investment, LLC (a/k/a Viet Hanger) Vietnam Hangers Joint Stock Company (a/k/a Cong Ty Co Phan Moc AO) Vietnam Sourcing (a/k/a VNS and VN Sourcing) Winwell Industrial Ltd. (Hong Kong) Yen Trang Co., Ltd. Zownzi Hardware Hanger Factory Ltd. Socialist Republic of Vietnam: Utility Scale Wind Towers, A-552-814 2/1/14-1/31/15 CS Wind Corporation Vina Halla Heavy Industries Ltd. UBI Tower Sole Member Company Ltd. The People's Republic of China: Certain Cased Pencils,4 A-570-827 12/1/13-11/30/14 Orient International Holding Shanghai Foreign Trade Co., Ltd. (SFTC) The People's Republic of China: Certain Preserved Mushrooms, A-570-851 2/1/14-1/31/15 Agrogentra & Co., Ltd. Ayecue (Liaocheng) Foodstuff Co., Ltd. Blue Field (Sichuan) Food Industrial Co., Ltd. Casia Global Logistics Co., Ltd. Changzhou Chen Rong-Da Carpet Co., Ltd. China National Cereals, Oils & Foodstuffs Import & Export Corp. China Processed Food Import & Export Co. Dezhou Kaihang Agricultural Science Technology Co., Ltd. DHL ISC (Hong Kong) Limited Dujiangyan Xingda Foodstuff Co., Ltd. Fujian Blue Lake Foods Co., Ltd. Fujian Golden Banyan Foodstuffs Industrial Co., Ltd. Fujian Haishan Foods Co., Ltd. Fujian Pinghe Baofeng Canned Foods Fujian Tongfa Foods Group Co., Ltd. Fujian Yuxing Fruits and Vegetables Foodstuffs Development Co., Ltd. Fujian Zishan Group Co., Ltd. Guangxi Eastwing Trading Co., Ltd. Guangxi Hengyang Industrial & Commercial Dev., Ltd. Guangxi Hengyong Industrial & Commerical Dev. Ltd. Guangxi Jisheng Foods, Inc. Inter-Foods (Dongshan) Co., Ltd. Jiangxi Cereals Oils Foodstuffs Joy Foods (Zhangzhou) Co., Ltd. Linyi City Kangfa Foodstuff Drinkable Co., Ltd. Longhai Guangfa Food Co., Ltd. Mikado Food China Co., Ltd. Primera Harvest (Xiangfan) Co., Ltd. Shandong Fengyu Edible Fungus Corporation Ltd. Shandong Jiufa Edible Fungus Corporation, Ltd. Shandong Xinfa Agricultural Science Corporation Ltd. Shandong Yinfeng Rare Fungus Corporation, Ltd. Shenzhen Syntrans International Logistics Co. Ltd. Sun Wave Trading Co., Ltd. Sunrise Food Industry & Commerce Shouguang Sunrise Industry & Commerce Co., Ltd. Thuy Duong Transport And Trading Service JSC Tianjin Fulida Supply Co., Ltd. Xiamen Aukking Imp. & Emp. Co., Ltd. Xiamen Carre Food Co., Ltd. Xiamen Choice Harvest Imp. Xiamen Greenland Import & Export Co., Ltd. Xiamen Gulong Import & Export Co., Ltd. Xiamen Huamin Imp. & Exp. Co., Ltd. Xiamen Hua Min Import & Export Co., Ltd. Xiamen International Trade & Industrial Co., Ltd. Xiamen Jiahua Import & Export Trading Co., Ltd. Xiamen Longhuai Import & Export Co., Ltd. Xiamen Longhuai Imp. & Exp. Co. Ltd. Xiamen Longstar Lighting Co., Ltd. Xiamen Sungiven Import & Export Co., Ltd. Zhangzhou Gangchang Canned Foods Co., Ltd. (a/k/a Zhangzhou Gangchang Canned Foods Co., Ltd., Fujian) Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd. Zhangzhou Hongda Import & Export Trading Co., Ltd. Zhangzhou Long Mountain Foods Co., Ltd. Zhangzhou Longhai Minhui Industry & Trade Co. Ltd. Zhangzhou Tan Co., Ltd. Zhangzhou Tan Co. Ltd., Fujian, China Zhangzhou Tongfa Foods Industry Co., Ltd. Zhangzhou Yuxing Imp. & Exp. Trading Co., Ltd. Zhangzhou Yuxing Import & Export Trading Co. Ltd. Zhejiang Iceman Food Co., Ltd. Zhejiang Iceman Group Co., Ltd. The People's Republic of China: Frozen Warmwater Shrimp, A-570-893 2/1/14-1/31/15 Allied Pacific Food (Dalian) Co., Ltd. Asian Seafoods (Zhanjiang) Co., Ltd. Beihai Angbang Seafood Co., Ltd. Beihai Boston Frozen Food Co., Ltd. Beihai Tianwei Aquatic Food Co. Ltd. Dalian Haiqing Food Co., Ltd. Dalian Shanhai Seafood Co., Ltd. Dalian Taiyang Aquatic Products Co., Ltd. Fujian Chaohui Group Fujian Chaohui Aquatic Food Co., Ltd. Fujian Chaohui International Trading Fujian Dongshan County Shunfa Aquatic Product Co., Ltd. Fujian Dongya Aquatic Products Co., Ltd. Fujian Haohui Import & Export Co., Ltd. Fujian Rongjiang Import and Export Co., Ltd. Fujian Tea Import & Export Co., Ltd. Fujian Zhaoan Haili Aquatic Co., Ltd. Fuqing Dongwei Aquatic Products Ind. Fuqing Minhua Trade Co., Ltd. Fuqing Yihua Aquatic Food Co., Ltd. Guangdong Foodstuffs Import & Export (Group) Corporation Guangdong Gourmet Aquatic Products Co., Ltd. Guangdong Jinhang Food Co., Ltd. Guangdong Wanshida Holding Corp. Guangdong Wanya Foods Fty. Co., Ltd. HaiLi Aquatic Product Co., Ltd. Zhaoan Fujian Hainan Brich Aquatic Products Co., Ltd. Hainan Golden Spring Foods Co., Ltd. Huazhou Xinhai Aquatic Products Co. Ltd. Longhai Gelin Foods Co., Ltd. Maoming Xinzhou Seafood Co., Ltd. New Continent Foods Co., Ltd. Maoming Xinzhou Seafood Co., Ltd. North Seafood Group Co. Red Garden Food Processing Co., Ltd. Rizhao Smart Foods Company Limited Rongcheng Yinhai Aquatic Product Co., Ltd. Savvy Seafood Inc. Shantou Freezing Aquatic Product Foodstuffs Co. Shantou Jiazhou Food Industrial Co., Ltd. Shantou Jintai Aquatic Product Industrial Co., Ltd. Shantou Longsheng Aquatic Product Foodstuff Co., Ltd. Shantou Red Garden Food Processing Co., Ltd. Shantou Red Garden Foodstuff Co., Ltd. Shantou Yelin Frozen Seafood Co., Ltd. Shantou Yuexing Enterprise Co. Thai Royal Frozen Food Zhanjiang Co., Ltd. Xiamen Granda Import and Export Co. Ltd. Yelin Enterprise Co. Hong Kong Zhangzhou Donghao Seafoods Co., Ltd. Zhangzhou Xinwanya Aquatic Product Co., Ltd. Zhangzhou Yanfeng Aquatic Product & Foodstuff Co., Ltd. Zhanjiang Evergreen Aquatic Product Science and Technology Co., Ltd. Zhanjiang Guolian Aquatic Products Co., Ltd. Zhanjiang Jinguo Marine Foods Co., Ltd. Zhanjiang Longwei Aquatic Products Industry Co., Ltd. Zhanjiang Regal Integrated Marine Resources Co., Ltd. Zhanjiang Newpro Foods Co., Ltd. Zhanjiang Universal Seafood Corp. Zhaoan Yangli Aquatic Co., Ltd. Zhejiang Xinwang Foodstuffs Co., Ltd. Zhoushan Genho Food Co., Ltd. The People's Republic of China: Small Diameter Graphite Electrodes, A-570-929 2/1/14-1/31/15 5-Continent Imp. & Exp. Co., Ltd. Acclcarbon Co., Ltd. Allied Carbon (China) Co., Limited Anssen Metallurgy Group Co., Ltd. AMGL Apex Maritime (Dalian) Co., Ltd. Asahi Fine Carbon (Dalian) Co., Ltd. Beijing Fangda Carbon Tech Co., Ltd. Beijing International Trade Co., Ltd. Beijing Kang Jie Kong Cargo Agent Expeditors (Tianjin Branch) Beijing Xinchengze Inc. Beijing Xincheng Sci-Tech. Development Inc. Brilliant Charter Limited Carbon International Chang Cheng Chang Electrode Co., Ltd. Chengde Longhe Carbon Factory Chengdelh Carbonaceous Elements Factory Chengdu Jia Tang Corp. Chengdu Rongguang Carbon Co., Ltd. China Carbon Graphtie Group Inc. China Industrial Mineral & Metals Group China Shaanxi Richbond Imp. & Exp. Industrial Corp. Ltd. China Xingyong Carbon Co., Ltd. CIMM Group Co., Ltd. Dalian Carbon & Graphite Corporation Dalian Hongrui Carbon Co., Ltd. Dalian Honest International Trade Co., Ltd. Dalian Horton International Trading Co., Ltd. Dalian LST Metallurgy Co., Ltd. Dalian Oracle Carbon Co., Ltd. Dalian Shuangji Co., Ltd. Dalian Thrive Metallurgy Imp. & Exp. Co., Ltd. Datong Carbon Datong Carbon Plant Datong Xincheng Carbon Co., Ltd. Datong Xincheng New Material Co., Ltd. Dechang Shida Carbon Co., Ltd De Well Container Shipping Corp. Dewell Group Dignity Success Investment Trading Co., Ltd. Double Dragon Metals and Mineral Tools Co., Ltd. Fangda Carbon New Material Co., Ltd. Fangda Carbon New Material and Technology Co., Ltd. Fangda Lanzhou Carbon Joint Stock Company Co. Ltd. Foset Co., Ltd. Fushun Carbon Co., Ltd. Fushun Carbon Plant Fushun Jinly Petrochemical Carbon Co., Ltd., a.k.a. Fushun Jinli Petrochemical Carbon Co., Ltd. Fushun Oriental Carbon Co., Ltd. GES (China) Co., Ltd. Grameter Shipping Co., Ltd. (Qingdao Branch) Guangdong Highsun Yongye (Group) Co., Ltd. Guanghan Shida Carbon Co., Ltd. Haimen Shuguang Carbon Industry Co., Ltd. Handan Hanbo Material Co., Ltd. Hanhong Precision Machinery Co., Ltd. Hebei Long Great Wall Electrode Co., Ltd. Hefei Carbon Co., Ltd. Heico Universal (Shanghai) Distribution Co., Ltd. Heilongjiang Xinyuan Carbon Co. Ltd. Heilongjiang Xinyuan Carbon Products Co., Ltd. Henan Sanli Carbon Products Co., Ltd. Henan Sihai Import and Export Co., Ltd. Hopes (Beijing) International Co., Ltd. Huanan Carbon Factory Hunan Mec Machinery and Electronics Imp. & Exp. Corp. Hunan Yinguang Carbon Factory Co., Ltd. Inner Mongolia QingShan Special Graphite and Carbon Co., Ltd. Inner Mongolia Xinghe County Hongyuan Electrical Carbon Factory Jiangsu Yafei Carbon Co., Ltd. Jiaozuo Zhongzhou Carbon Products Co., Ltd. Jichun International Trade Co., Ltd. of Jilin Province Jiexiu Juyuan Carbon Co., Ltd. Jiexiu Ju-Yuan & Coaly Co., Ltd. Jilin Carbon Graphite Material Co., Ltd. Jilin Carbon Import and Export Company Jilin Songjiang Carbon Co Ltd. Jinneng Group Jinneng Group Co., Ltd. Jinyu Thermo-Electric Material Co., Ltd. JL Group Kaifeng Carbon Company Ltd. KASY Logistics (Tianjin) Co., Ltd. Kimwan New Carbon Technology and Development Co., Ltd. Kingstone Industrial Group Ltd. L & T Group Co., Ltd. Laishui Long Great Wall Electrode Co. Ltd. Lanzhou Carbon Co., Ltd. Lanzhou Carbon Import & Export Corp. Lanzhou Hailong New Material Co. Lanzhou Hailong Technology Lanzhou Ruixin Industrial Material Co., Ltd. Lianxing Carbon Qinghai Co., Ltd. Lianxing Carbon Science Institute Lianxing Carbon (Shandong) Co., Ltd. Lianyungang Jinli Carbon Co., Ltd. Lianyungang Jianglida Mineral Co., Ltd. Liaoning Fangda Group Industrial Co., Ltd. Liaoyang Carbon Co. Ltd. Linghai Hongfeng Carbon Products Co., Ltd. Linyi County Lubei Carbon Co., Ltd. Maoming Yongye (Group) Co., Ltd. MBI Beijing International Trade Co., Ltd. Nantong Dongjin New Energy Co., Ltd. Nantong Falter New Energy Co., Ltd. Nantong River-East Carbon Co., Ltd. Nantong River-East Carbon Joint Stock Co., Ltd. Nantong Yangtze Carbon Corp. Ltd. Nantong Yanzi Carbon Co. Ltd. Oracle Carbon Co., Ltd. Orient (Dalian) Carbon Resources Developing Co., Ltd. Orient Star Transport International, Ltd. Peixian Longxiang Foreign Trade Co. Ltd. Pingdingshan Coal Group Pudong Trans USA, Inc. (Dalian Office) Qingdao Grand Graphite Products Co., Ltd. Qingdao Haosheng Metals Imp. & Exp. Co., Ltd. Quingdao Haosheng Metals & Minerals Imp. & Exp. Co., Ltd. Qingdao Liyikun Carbon Development Co., Ltd. Qingdao Likun Graphite Co., Ltd. Qingdao Ruizhen Carbon Co., Ltd. Qingdao Yijia E.T.I. I/E Co., Ltd. Qingdao Youyuan Metallurgy Material Limited Company (China) Ray Group Ltd. Rex International Forwarding Co., Ltd. Rt Carbon Co., Ltd. Ruitong Carbon Co., Ltd. Sea Trade International, Inc. Seamaster Global Forwarding (China) Shandong Basan Carbon Plant Shandong Zibo Continent Carbon Factory Shanghai Carbon International Trade Co., Ltd. Shanghai GC Co., Ltd. Shanghai Jinneng International Trade Co., Ltd. Shanghai P.W. International Ltd. Shanghai Shen-Tech Graphite Material Co., Ltd. Shanghai Topstate International Trading Co., Ltd. Shanxi Cimm Donghai Advanced Carbon Co., Ltd. Shanxi Datong Energy Development Co., Ltd. Shanxi Foset Carbon Co. Ltd. Shanxi Jiexiu Import and Export Co., Ltd. Shanxi Jinneng Group Co., Ltd. Shanxi Yunheng Graphite Electrode Co., Ltd. Shenyang Jinli Metals & Minerals Imp. & Exp. Co., Ltd. Shida Carbon Group Shijaizhuang Carbon Co., Ltd. Shijiazhuang Huanan Carbon Factory Sichuan 5-Continent Imp & Exp Co., Ltd. Sichuan Dechang Shida Carbon Co., Ltd. Sichuan GMT International Inc. Sichuan Guanghan Shida Carbon Co., Ltd Sichuan Shida Carbon Co., Ltd. Sichuan Shida Trading Co., Ltd. Sinicway International Logistics Ltd. Sinosteel Anhui Co., Ltd. Sinosteel Corp. Sinosteel Jilin Carbon Co., Ltd. Sinosteel Jilin Carbon Imp. & Exp. Co., Ltd. Sinosteel Jilin Carbon Plant Sinosteel Sichuan Co., Ltd. SK Carbon SMMC Group Co., Ltd. Sure Mega (Hong Kong) Ltd. Tangshan Kimwan Special Carbon & Graphite Co., Ltd. Tengchong Carbon Co., Ltd. T.H.I. Global Holdings Corp. T.H.I. Group (Shanghai), Ltd. Tianjin (Teda) Iron & Steel Trade Co., Ltd. Tianjin Kimwan Carbon Technology and Development Co., Ltd. Tianjin Yue Yang Industrial & Trading Co., Ltd. Tianzhen Jintian Graphite Electrodes Co., Ltd. Tielong (Chengdu) Carbon Co., Ltd. UK Carbon & Graphite United Carbon Ltd. United Trade Resources, Inc. Weifang Lianxing Carbon Co., Ltd. World Trade Metals & Minerals Co., Ltd. XC Carbon Group Xinghe County Muzi Carbon Co., Ltd., a.k.a. Xinghe County Muzi Carbon Plant Xinghe Xingyong Carbon Co., Ltd. Xinghe Xinyuan Carbon Products Co., Ltd. Xinyuan Carbon Co., Ltd. Xuanhua Hongli Refractory and Mineral Company Xuchang Minmetals & Industry Co., Ltd. Xuzhou Carbon Co., Ltd. Xuzhou Electrode Factory Xuzhou Jianglong Carbon Manufacture Co., Ltd. Xuzhou Jianglong Carbon Products Co., Ltd. Yangzhou Qionghua Carbon Trading Ltd. Yixing Huaxin Imp & Exp Co. Ltd. Youth Industry Co., Ltd. Zhengzhou Jinyu Thermo-Electric Material Co., Ltd. Zibo Continent Carbon Factory Zibo DuoCheng Trading Co., Ltd. Zibo Lianxing Carbon Co., Ltd. Zibo Wuzhou Tanshun Carbon Co., Ltd The People's Republic of China: Uncovered Innerspring Units, A-570-928 2/1/14-1/31/15 East Grace Corporation Macao Commerical Industrial Spring Mattress Manufacturer The People's Republic of China: Utility Scale Wind Towers, A-570-981 2/1/14-1/31/15 Alstom Sizhou Electric Power Equipment Co., Ltd. AVIC International Renewable Energy Co., Ltd. AUSKY (Shandong) Machinery Manufacturing Co., Ltd. Baotou Titan Wind Power Equipment Co., Ltd. CATIC International Trade & Economic Development Ltd. Chengde Tianbao Machinery Co., Ltd. Chengxi Shipyard Co., Ltd. China WindPower Group CleanTech Innovations Inc. CNR Wind Turbine Co., Ltd. CS Wind China Co., Ltd. CS Wind Corporation CS Wind Tech (Shanghai) Co., Ltd. Dajin Heavy Industry Corporation Greenergy Technology Co., Ltd. Guangdong No.2 Hydropower Engineering Co., Ltd. Guodian United Power Technology Baoding Co., Ltd. Harbin Hongguang Boiler Group Co., Ltd. Hebei Ningqiang Group Hebei Qiangsheng Wind Equipment Co., Ltd. Jiangsu Baolong Electromechanical Mfg. Co., Ltd. Jiangsu Baolong Tower Tube Manufacture Co., Ltd. Jiangsu Taihu Boiler Co., Ltd. Jilin Miracle Equipment Manufacturing Engineering Co., Ltd. Jilin Tianhe Wind Power Equipment Co., Ltd. (f/k/a Jilin Mingmen Wind Power Equipment Co., Ltd.) Jinan Railway Vehicles Equipment Co., Ltd. Nanjing Jiangbiao Group Co., Ltd. Nantong Dontai New Energy Equipment Co., Ltd. Nantong Hongbo Windpower Equipment Co., Ltd. Ningxia Electric Power Group Ningxia Yinxing Energy Co. Ningxia Yinyi Wind Power Generation Co., Ltd. Qingdao GeLinTe Environmental Protection Equipment Co., Ltd. Qingdao Ocean Group Qingdao Pingcheng Steel Structure Co., Ltd. Qingdao Tianneng Electric Power Engineering Machinery Co., Ltd. Qingdao Wuxiao Group Co., Ltd. Renewable Energy Asia Group Ltd. Shandong Endless Wind Turbine Techincal Equpiment Co., Ltd. Shandong Zhongkai Wind Power Equipment Manufacturers, Ltd. Shanghai Aerotech Trading International Shanghai GE Guangdian Co., Ltd. Shanghai Taisheng Wind Power Equipment Co., Ltd. Shenyang Titan Metal Co., Ltd. Sinovel Wind Group Co., Ltd. Suihua Wuxiao Electric Power Equipment Co., Ltd. Titan (Lianyungang) Metal Product Co., Ltd. Titan Wind Energy Suzhou Co., Ltd. Wuxiao Steel Tower Co., Ltd. Xinjiang Huitong (Group) Co., Ltd. Countervailing Duty Proceedings Republic of Korea: Certain Cut-to-Length Carbon-Quality Steel Plate, C-580-837 1/1/14-12/31/14 BDP International Daewoo International Corp. Dongkuk Steel Mill Co., Ltd. GS Global Corp. Hyundai Glovis Hyundai Steel Co. Iljin Steel Samsung C&T Corporation Samsung C&T Engineering & Construction Group Samsung C&T Trading and Investment Group Samsung Heavy Industries Steel N People Ltd. Republic of Korea: Large Residential Washers, C-580-869 1/1/14-12/31/14 Daewoo Electronics Corporation Samsung Electrics Co., Ltd. Socialist Republic of Vietnam: Steel Wire Garment Hangers, C-552-813 1/1/14-12/31/14 Acton Co, Ltd. Angang Clothes Rack Manufacture Co. Asmara Home Vietnam B2B Co., Ltd. Capco Wai Shing Viet Nam Co. Ltd. CTN Limited Company (a/k/a C.T.N. International Ltd. and CTN Co. Ltd) City Tnhn Mtv Xnk My Phuoc (a/k/a City Thnh San Xuat My Phuoc Long An Factory) Dai Nam Investment JSC (part of Dai Nam Group) Diep Son Hangers One Member Co. Ltd. (a/k/a Diep Son Hangers Co. Ltd.) Dong Nam A Co. Ltd. (a/k/a Dong Nam A Hamico) Dong Nam A Trading Co. Est Glory Industrial Ltd. Focus Shipping Corp. Godoxa Viet Nam Ltd. (a/k/a Godoxa Vietnam Co. Ltd.) HCMC General Import and Export Investment Joint Stock Company (Imexco) Huqhu Co., Ltd. Hongxiang Business and Product Co., Ltd. Infinite Industrial Hanger Limited (a/k/a Infinite Industrial Hanger Co. Ltd.) Ju Fu Co. Ltd. (a/k/a Jufu Company, Ltd.) Linh Sa Hamico Company, Ltd. Long Phung Co. Ltd. Lucky Cloud (Vietnam) Hanger Co. Ltd. Minh Quang Steel Joint Stock Company (a/k/a Minh Quang Hanger) (Part of the Dai Nam Group) Moc Viet Manufacture Co., Ltd. Nam A Hamico Export Joint Stock Co. (a/k/a Dong Nam Hamico Joint Stock Company) N-Tech Vina Co. Ltd. NV Hanger Co., Ltd. (a/k/a Nguyen Haong Vu Co. Ltd.) Quoc Ha Production Trading Services Co. Ltd. Quyky Group/Quyky Co., Ltd./Quyky-Yangle International Co., Ltd. S.I.I.C. South East Asia Hamico Exports JSC T.J. Co. Ltd. Tan Dinh Enterprise (a/k/a Tan Dihn Enterprise) Tan Minh Textile Sewing Trading Co., Ltd. Thanh Hieu Manufacturing Trading Co. Ltd. The Xuong Co. Ltd. Thien Ngon Printing Co, Ltd. Top Sharp International Trading Limited Triloan Hangers, Inc. Tri-State Trading (a/k/a Nghia Phuong Nam Production Trading) Trung Viet My Joint Stock Company Truong Hong Lao—Viet Joint Stock Uac Co. Ltd. Viet Anh Imp-Exp Joint Stock Co. Viet Hanger Investment, LLC (a/k/a Viet Hanger) Vietnam Hangers Joint Stock Company (a/k/a Cong Ty Co Phan Moc AO) Vietnam Sourcing (a/k/a VNS and VN Sourcing) Winwell Industrial Ltd. (Hong Kong) Yen Trang Co., Ltd. Zownzi Hardware Hanger Factory Ltd. The People's Republic of China: Utility Scale Wind Towers, C-570-982 1/1/14-12/31/14 Alstom Sizhou Electric Power Equipment Co., Ltd. AVIC International Renewable Energy Co., Ltd. AUSKY (Shandong) Machinery Manufacturing Co., Ltd. Baotou Titan Wind Power Equipment Co., Ltd. CATIC International Trade & Economic Development Ltd. Chengde Tianbao Machinery Co., Ltd. Chengxi Shipyard Co., Ltd. China WindPower Group CleanTech Innovations Inc. CNR Wind Turbine Co., Ltd. CS Wind China Co., Ltd. CS Wind Corporation CS Wind Tech (Shanghai) Co., Ltd. Dajin Heavy Industry Corporation Greenergy Technology Co., Ltd. Guangdong No. 2 Hydropower Engineering Co., Ltd. Guodian United Power Technology Baoding Co., Ltd. Harbin Hongguang Boiler Group Co., Ltd. Hebei Ningqiang Group Hebei Qiangsheng Wind Equipment Co., Ltd. Jiangsu Baolong Electromechanical Mfg. Co., Ltd. Jiangsu Baolong Tower Tube Manufacture Co., Ltd. Jiangsu Taihu Boiler Co., Ltd. Jilin Miracle Equipment Manufacturing Engineering Co., Ltd. Jilin Tianhe Wind Power Equipment Co., Ltd. (f/k/a Jilin Mingmen Wind Power Equipment Co., Ltd.) Jinan Railway Vehicles Equipment Co., Ltd. Nanjing Jiangbiao Group Co., Ltd. Nantong Dontai New Energy Equipment Co., Ltd. Nantong Hongbo Windpower Equipment Co., Ltd. Ningxia Electric Power Group Ningxia Yinxing Energy Co. Ningzxia Yinyi Wind Power Generation Co., Ltd. Qingdao GeLinTe Environmental Protection Equipment Co., Ltd. Qingdao Ocean Group Qingdao Pingcheng Steel Structure Co., Ltd. Qingdao Tianneng Electric Power Engineering Machinery Co., Ltd. Qingdao Wuxiao Group Co., Ltd. Renewable Energy Asia Group Ltd. Shandong Endless Wind Turbine Techincal Equpiment Co., Ltd. Shandong Zhongkai Wind Power Equipment Manufacturers, Ltd. Shanghai Aerotech Trading International Shanghai GE Guangdian Co., Ltd. Shanghai Tiasheng Wind Power Equipment Co., Ltd. Shenyang Titan Metal Co., Ltd. Sinovel Wind Group Co., Ltd. Suihua Wuxiao Electric Power Equipment Co., Ltd. Titan (Lianyungang) Metal Product Co., Ltd. Titan Wind Energy Suzhou Co., Ltd. Wuxiao Steel Tower Co., Ltd. Xinjiang Huitong (Group) Co., Ltd.
    Suspension Agreements

    None.

    4 In the initiation notice covering cases with December anniversary dates, the Department inadvertently omitted the requested review of the antidumping duty order on Certain Cased Pencils from the PRC. Specifically, the timely review request for Orient International Holding Shanghai Foreign Trade Co., Ltd. (SFTC) was not included in the February 4, 2015, initiation notice. See Initiation of Antidumping and Countervailing Duty Administrative Reviews 80 FR 6041 (February 4, 2015). This company is included herein as a correction to the February 4, 2015, initiation notice.

    Duty Absorption Reviews

    During any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an antidumping duty order under 19 CFR 351.211 or a determination under 19 CFR 351.218(f)(4) to continue an order or suspended investigation (after sunset review), the Secretary, if requested by a domestic interested party within 30 days of the date of publication of the notice of initiation of the review, will determine, consistent with FAG Italia v. United States, 291 F.3d 806 (Fed. Cir. 2002), as appropriate, whether antidumping duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the exporter or producer for which the inquiry is requested.

    Gap Period Liquidation

    For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures “gap” period, of the order, if such a gap period is applicable to the POR.

    Administrative Protective Orders and Letters of Appearance

    Interested parties must submit applications for disclosure under administrative protective orders 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). Those procedures apply to administrative reviews included in this notice of initiation. Parties wishing to participate in any of these administrative reviews should ensure that they meet the requirements of these procedures (e.g., the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)).

    Revised Factual Information Requirements

    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 antidumping and countervailing duty 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