Federal Register Vol. 80, No.67,

Federal Register Volume 80, Issue 67 (April 8, 2015)

Page Range18773-19005
FR Document

80_FR_67
Current View
Page and SubjectPDF
80 FR 18842 - Sunshine Act MeetingPDF
80 FR 18855 - National Institute of Diabetes and Digestive and Kidney Diseases;. Notice of Closed MeetingsPDF
80 FR 18873 - Sunshine Act; Notice of Public MeetingPDF
80 FR 18923 - 60-Day Notice of Proposed Information Collection: Affidavit of RelationshipPDF
80 FR 18828 - Agency Information Collection Activities: Comment RequestPDF
80 FR 18809 - Circular Welded Carbon Steel Pipes and Tubes From Turkey: Preliminary Results of Countervailing Duty Administrative Review and Preliminary Intent To Rescind in Part; Calendar Year 2013PDF
80 FR 18811 - Frontseating Service Valves From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014PDF
80 FR 18812 - Hand Trucks and Certain Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review and Revocation, in PartPDF
80 FR 18807 - Foreign-Trade Zone (FTZ) 202-Los Angeles, California; Notification of Proposed Production Activity; syncreon Logistics (USA), LLC (Camera and Accessories Kitting); Torrance, CaliforniaPDF
80 FR 18816 - Certain Steel Nails from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013PDF
80 FR 18829 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
80 FR 18830 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
80 FR 18839 - Notice of Decision To Issue A Clean Air Act Permit Modification For Northeast Gateway Energy Bridge, LLCPDF
80 FR 18806 - Agenda and Notice of Public Meeting of the New York Advisory CommitteePDF
80 FR 18806 - State Advisory CommitteesPDF
80 FR 18784 - Geographic-Based Hiring Preferences in Administering Federal AwardsPDF
80 FR 18841 - Notice of Agreements FiledPDF
80 FR 18935 - Denial of Motor Vehicle Defect Petition, DP14-002PDF
80 FR 18937 - Delaware and Hudson Railway Company, Inc.-Discontinuance of Trackage Rights Exemption-in Broome County, N.Y., Essex, Union, Somerset, Hunterdon, and Warren Counties, N.J., Luzerne, Perry, York, Lancaster, Northampton, Lehigh, Carbon, Berks, Montgomery, Northumberland, Dauphin, Lebanon, and Philadelphia Counties, Pa., Harford, Baltimore, Anne Arundel, and Prince George's Counties, Md., the District of Columbia, and Arlington County, VaPDF
80 FR 18937 - Union Pacific Railroad Company-Discontinuance of Service Exemption-in Waukesha County, Wis.PDF
80 FR 18801 - Fisheries of the Northeastern United States; Small-Mesh Multispecies SpecificationsPDF
80 FR 18870 - Notice of Intent To Grant an Exclusive LicensePDF
80 FR 18869 - Notice of Intent To Grant a Partially Exclusive LicensePDF
80 FR 18870 - Notice of Intent To Grant an Exclusive License.PDF
80 FR 18820 - Pacific Island Fisheries; Marine Conservation Plan for American SamoaPDF
80 FR 18858 - Tribal Government To Government Consultation Policy: Solicitation of Public CommentPDF
80 FR 18797 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 20PDF
80 FR 18796 - Notice of Availability of Proposed Interim Policy Guidance for the Capital Investment Grant ProgramPDF
80 FR 18926 - Qualification of Drivers; Application for Exemptions; HearingPDF
80 FR 18872 - Notice of Proposed Information Collection Requests: Museum Locator ToolPDF
80 FR 18838 - Defense Programs Advisory CommitteePDF
80 FR 18863 - Indian GamingPDF
80 FR 18839 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Background Checks for Contractor Employees (Renewal)PDF
80 FR 18823 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the South Atlantic States; Amendment 36PDF
80 FR 18821 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing PermitsPDF
80 FR 18858 - Notice of a Federal Advisory Committee Meeting: Manufactured Housing Consensus Committee General Subcommittee TeleconferencePDF
80 FR 18781 - Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fisheries; Inseason Actions #1 and #2PDF
80 FR 18928 - Qualification of Drivers; Exemption Applications; Diabetes MellitusPDF
80 FR 18924 - Qualification of Drivers; Application for Exemptions; HearingPDF
80 FR 18782 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 Feet (18.3 meters) Length Overall Using Jig or Hook-and-Line Gear in the Bogoslof Pacific Cod Exemption Area in the Bering Sea and Aleutian Islands Management AreaPDF
80 FR 18867 - Public Availability of FY 2013 Service Contract Inventory Analysis, FY 2014 Service Contract Inventory, and FY 2014 Service Contract Inventory Planned AnalysisPDF
80 FR 18852 - Solicitation of Written Comments on the Scientific Report of the 2015 Dietary Guidelines Advisory Committee; Extension of Comment PeriodPDF
80 FR 18939 - Surety Companies Acceptable on Federal Bonds-Change in State of Incorporation Arch Reinsurance CompanyPDF
80 FR 18842 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
80 FR 18842 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
80 FR 18842 - Notice of Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking ActivitiesPDF
80 FR 18938 - Surety Companies Acceptable on Federal Bonds: Bondex Insurance CompanyPDF
80 FR 18939 - Surety Companies Acceptable on Federal Bonds: The Charter Oak Fire Insurance Company (NAIC #25615); Travelers Property Casualty Company of America (NAIC #25674); The Travelers Indemnity Company of Connecticut (NAIC #25682); The Travelers Indemnity Company of America (NAIC #25666)PDF
80 FR 18867 - Controlled Substances: Proposed Adjustments to the Aggregate Production Quotas for Difenoxin, Diphenoxylate (for conversion), and MarijuanaPDF
80 FR 18865 - Final Environmental Impact Statement for Wilderness Stewardship Plan, Sequoia and Kings Canyon National Parks, Fresno and Tulare Counties, CaliforniaPDF
80 FR 18830 - Meeting of the Secretary of the Navy Advisory PanelPDF
80 FR 18922 - Interest RatesPDF
80 FR 18938 - Surety Companies Acceptable On Federal Bonds: Termination Companion Property and Casualty Insurance CompanyPDF
80 FR 18938 - Surety Companies Acceptable on Federal Bonds: Termination; American Service Insurance Company, Inc.PDF
80 FR 18864 - Notice of Meetings, Rio Grande Natural Area CommissionPDF
80 FR 18940 - Office of the Assistant Secretary for Water and Science; Notice of Availability of the Final Environmental Impact Statement for the Provo River Delta Restoration ProjectPDF
80 FR 18855 - Chemical Transportation Advisory Committee; VacanciesPDF
80 FR 18862 - Receipt of Incidental Take Permit Applications for Participation in the Oil and Gas Industry Conservation Plan for the American Burying Beetle in OklahomaPDF
80 FR 18827 - Determination Under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (“CAFTA-DR Agreement”)PDF
80 FR 18848 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
80 FR 18846 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
80 FR 18844 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
80 FR 18773 - New Animal Drugs; Approval of New Animal Drug Applications; Withdrawal of Approval of New Animal Drug Applications; Change of Sponsor; Change of Sponsor's Name; Change of Sponsor's AddressPDF
80 FR 18777 - Implantation or Injectable Dosage Form New Animal Drugs; Withdrawal of Approval of New Animal Drug Application; FomepizolePDF
80 FR 18898 - John Hancock Exchange-Traded Fund Trust, et al.; Notice of ApplicationPDF
80 FR 18877 - Amplify Investments LLC and Amplify ETF Trust; Notice of ApplicationPDF
80 FR 18850 - Center for Devices and Radiological Health: Experiential Learning ProgramPDF
80 FR 18856 - Agency Information Collection Activities: Application for Naturalization, Form N-400; Revision of a Currently Approved CollectionPDF
80 FR 18857 - Agency Information Collection Activities: Application for Citizenship and Issuance of Certificate Under Section 322, Form N-600K; Extension, Without Change, of a Currently Approved CollectionPDF
80 FR 18819 - Request for Information on Quantum Information Science and the Needs of U.S. IndustryPDF
80 FR 18831 - Applications for New Awards; Educational Technology, Media, and Materials for Individuals With Disabilities-Research and Development Center To Advance the Use of New and Emerging Technologies to Ensure AccessibilityPDF
80 FR 18865 - Public Land Order No. 7832 Extension of Public Land Order No. 7133; WashingtonPDF
80 FR 18866 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
80 FR 18843 - Commission To Eliminate Child Abuse and Neglect Fatalities; Announcement of MeetingPDF
80 FR 18843 - Information Collection; Federal Management Regulation; State Agency Monthly Donation Report of Surplus Property, GSA Form 3040PDF
80 FR 18863 - Proposed Renewal of Information Collection: OMB Control Number 1084-0010, Claim for Relocation Payments-Residential, DI-381 and Claim for Relocation Payments-Nonresidential, DI-382PDF
80 FR 18846 - Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial ReviewPDF
80 FR 18848 - Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial ReviewPDF
80 FR 18777 - Response to Vacaturs of the Comparable Fuels Rule and the Gasification RulePDF
80 FR 18854 - National Institute of Diabetes and Digestive and Kidney Diseases; Notice of MeetingsPDF
80 FR 18852 - Office of the Director, Office of Science Policy, Office of Biotechnology Activities; Notice of MeetingPDF
80 FR 18853 - Proposed Collection; 60-Day Comment RequestPDF
80 FR 18873 - Amendment to Postal ProductPDF
80 FR 18913 - Janus ETF Trust, et al.; Notice of ApplicationPDF
80 FR 18883 - Trust for Professional Managers and William Blair & Company, L.L.C.; Notice of ApplicationPDF
80 FR 18896 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Price List To Specify That a Member Organization May Request That the Exchange Aggregate Its Eligible Activity With Activity of the Member Organization's Affiliates for Purposes of Charges or Credits Based on VolumePDF
80 FR 18873 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending its Price List To Specify That a Member Organization May Request That the Exchange Aggregate its Eligible Activity With Activity of the Member Organization's Affiliates for Purposes of Charges or Credits Based on VolumePDF
80 FR 18889 - Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Amend Addendum A (Fee Structure) With Respect to the Alternative Investment Product ServicesPDF
80 FR 18890 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 4751(h)PDF
80 FR 18907 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Postpone Implementation of Changes to Rule 4751(h)(5)PDF
80 FR 18884 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing of Proposed Rule Change Amending Rule 923NY To Refine the Appointment Process Utilized by the ExchangePDF
80 FR 18909 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change Amending Rule 6.35 To Refine the Appointment Process Utilized by the ExchangePDF
80 FR 18881 - Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rulebook Provisions Establishing Decision-Making and Emergency Authority Over Clearing House MattersPDF
80 FR 18894 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee SchedulePDF
80 FR 18892 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee SchedulePDF
80 FR 18875 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Move the Rule Text of Current Rule 1070, Customer Complaints, Into Rule 1028, Confirmations, To Accommodate an Upcoming Rulebook ReorganizationPDF
80 FR 18784 - Energy Conservation Program for Consumer Products: Definitions for Residential Water HeatersPDF
80 FR 18871 - Arts Advisory Panel MeetingsPDF
80 FR 18808 - Brass Sheet and Strip From Italy; Preliminary Results of Antidumping Duty Administrative Review; 2013-2014PDF
80 FR 18814 - Glycine From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2013-2014PDF
80 FR 18840 - Notice of Receipt of Requests for Amendments To Terminate Uses in Certain Pesticide Registrations; CorrectionPDF
80 FR 18780 - National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List: Deletion of the Midvale Slag Superfund SitePDF
80 FR 18820 - Endangered and Threatened Species; Take of Anadromous FishPDF
80 FR 18824 - Endangered and Threatened Species; Take of Anadromous FishPDF
80 FR 18795 - Petition Requesting Rulemaking To Amend the Standard for the Flammability of Clothing TextilesPDF
80 FR 18840 - Pesticide Experimental Use Permit; Receipt of Application; Comment RequestPDF
80 FR 18944 - Promulgation of Air Quality Implementation Plans; State of Arkansas; Regional Haze and Interstate Visibility Transport Federal Implementation PlanPDF

Issue

80 67 Wednesday, April 8, 2015 Contents Agriculture Agriculture Department NOTICES 2015 Dietary Guidelines Advisory Committee Scientific Report, 18852 2015-08049 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2015-08099 2015-08100 18828-18830 2015-08125 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18844-18850 2015-08026 2015-08027 2015-08028 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 18846, 18848 2015-07998 2015-07997 Civil Rights Civil Rights Commission NOTICES Meetings: New York Advisory Committee, 18806 2015-08086 Requests for Nominations: State Advisory Committees, 18806-18807 2015-08085 Coast Guard Coast Guard NOTICES Requests for Nominations: Chemical Transportation Advisory Committee, 18855-18856 2015-08034 Commerce Commerce Department See

Foreign-Trade Zones Board

See

International Trade Administration

See

National Institute of Standards and Technology

See

National Oceanic and Atmospheric Administration

Committee Implementation Committee for the Implementation of Textile Agreements NOTICES Free Trade Agreements: Dominican Republic-Central America-U.S.; Textile and Apparel Commercial Availability Provisions, 18827-18828 2015-08029 Consumer Product Consumer Product Safety Commission PROPOSED RULES Petitions for Rulemaking: Amending the Standard for the Flammability of Clothing Textiles, 18795 2015-07907 Defense Department Defense Department See

Navy Department

Drug Drug Enforcement Administration NOTICES Controlled Substances: Proposed Adjustments to the Aggregate Production Quotas for Difenoxin, Diphenoxylate for Conversion, and Marijuana, 18867-18869 2015-08042 Education Department Education Department NOTICES Applications for New Awards: Educational Technology, Media, and Materials for Individuals with Disabilities; Use of New and Emerging Technologies to Ensure Accessibility, 18831-18838 2015-08010 Energy Department Energy Department See

National Nuclear Security Administration

PROPOSED RULES Energy Conservation Program for Consumer Products: Definitions for Residential Water Heaters, 18784-18795 2015-07956
Environmental Protection Environmental Protection Agency RULES National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List: Deletion of Midvale Slag Superfund Site, 18780-18781 2015-07950 Response to Vacaturs of the Comparable Fuels Rule and the Gasification Rule, 18777-18780 2015-07992 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arkansas; Regional Haze and Interstate Visibility Transport Federal Implementation Plan, 18944-19005 2015-06726 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Background Checks for Contractor Employees; Renewal, 18839-18840 2015-08058 Amendments to Terminate Uses in Certain Pesticide Registrations; Correction, 18840 2015-07951 Applications: Pesticide Experimental Use Permits, 18840-18841 2015-07824 Clean Air Act Permit Modifications: Northeast Gateway Energy Bridge, LLC, 18839 2015-08087 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 18841-18842 2015-08083 Meetings; Sunshine Act, 18842 2015-08184 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Diabetes Mellitus, 18928-18935 2015-08053 Hearing, 18924-18928 2015-08052 2015-08062 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 18842 2015-08047 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 18842-18843 2015-08045 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 18842 2015-08046 Federal Transit Federal Transit Administration PROPOSED RULES Interim Policy Guidance for the Capital Investment Grant Program, 18796-18797 2015-08063 Fiscal Fiscal Service NOTICES Surety Companies Acceptable on Federal Bonds: Bondex Insurance Co., 18938 2015-08044 The Charter Oak Fire Insurance Co., et al., 18939 2015-08043 Surety Companies Acceptable on Federal Bonds; Changes: Arch Reinsurance Co., 18939 2015-08048 Surety Companies Acceptable on Federal Bonds; Terminations: American Service Insurance Co., Inc., 18938-18939 2015-08037 Companion Property and Casualty Insurance Co., 18938 2015-08038 Fish Fish and Wildlife Service NOTICES Incidental Take Permit Application Oil and Gas Industry Conservation Plan for the American Burying Beetle in Oklahoma, 18862-18863 2015-08033 Food and Drug Food and Drug Administration RULES New Animal Drugs: Application Approvals; Application Approvals Withdrawn; Change of Sponsor, Sponsors Name, and Sponsor's Address, 18773-18777 2015-08025 Fomepizole; Implantation or Injectable Dosage Form; Application Approval Withdrawn, 18777 2015-08024 NOTICES Center for Devices and Radiological Health -- Experiential Learning Program, 18850-18852 2015-08017 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities: syncreon Logistics (USA), LLC, Foreign-Trade Zone 202, Los Angeles, CA, 18807 2015-08104 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Management Regulation; State Agency Monthly Donation Report of Surplus Property, 18843-18844 2015-08002 Meetings: Commission to Eliminate Child Abuse and Neglect Fatalities, 18843 2015-08006 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Food and Drug Administration

See

National Institutes of Health

NOTICES 2015 Dietary Guidelines Advisory Committee Scientific Report, 18852 2015-08049
Homeland Homeland Security Department See

Coast Guard

See

U.S. Citizenship and Immigration Services

Housing Housing and Urban Development Department NOTICES Meetings: Manufactured Housing Consensus Committee, General Subcommittee; Teleconference, 18858 2015-08055 Tribal Government To Government Consultation Policies, 18858-18862 2015-08068 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming, 18863 2015-08059 Interior Interior Department See

Fish and Wildlife Service

See

Indian Affairs Bureau

See

Land Management Bureau

See

National Park Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Claim for Relocation Payments, Residential; Claim for Relocation Payments, Nonresidential, 18863-18864 2015-08000 Environmental Impact Statements; Availability, etc.: Provo River Delta Restoration Project, 18940-18941 2015-08035
International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Brass Sheet and Strip from Italy, 18808-18809 2015-07953 Certain Steel Nails from the People's Republic of China, 18816-18818 2015-08101 Circular Welded Carbon Steel Pipes and Tubes from Turkey, 18809-18811 2015-08123 Frontseating Service Valves from the People's Republic of China, 18811-18812 2015-08120 Glycine from the People's Republic of China, 18814-18816 2015-07952 Hand Trucks and Certain Parts Thereof from the People's Republic of China, 18812-18814 2015-08112 International Trade Com International Trade Commission NOTICES Service Contract Inventories and Analysis: Fiscal Years 2013 and 2014, 18867 2015-08050 Justice Department Justice Department See

Drug Enforcement Administration

Land Land Management Bureau NOTICES Land Orders and Extensions of Public Land: Order No. 7832 and Order No. 7133; Washington, 18865 2015-08009 Meetings: Rio Grande Natural Area Commission, 18864 2015-08036 Energy National Nuclear National Nuclear Security Administration NOTICES Meetings: Defense Programs Advisory Committee, 18838-18839 2015-08060 NASA National Aeronautics and Space Administration NOTICES Exclusive Licenses, 2015-08075 18869-18871 2015-08076 2015-08077 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: Arts Advisory Panel, 18871 2015-07955 National Foundation National Foundation on the Arts and the Humanities See

National Endowment for the Arts

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Museum Locator Tool, 18872-18873 2015-08061
National Highway National Highway Traffic Safety Administration NOTICES Petitions: Defect Investigation; Denial, 18935-18936 2015-08082 National Institute National Institute of Standards and Technology NOTICES Requests for Information: Quantum Information Science and the Needs of U.S. Industry, 18819 2015-08011 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Effectiveness of Donor Notification, HIV Counseling, and Linkage of HIV Positive Donors to Health Care in Brazil, 18853-18854 2015-07980 Meetings: National Institute of Diabetes and Digestive and Kidney Diseases, 18854-18855 2015-07983 2015-08167 Office of the Director, Office of Science Policy, Office of Biotechnology Activities, 18852-18853 2015-07981 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher Vessels Less Than 60 feet (18.3 meters) Length Overall Using Jig or Hook-and-Line Gear in the Bogoslof Pacific Cod Exemption Area in the Bering Sea and Aleutian Islands Management Area, 18782-18783 2015-08051 Fisheries Off West Coast States: Modifications of the West Coast Commercial Salmon Fisheries; In-season Actions #1 and #2, 18781-18782 2015-08054 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Fishery Off the Southern Atlantic States, 18797-18801 2015-08067 Fisheries of the Northeastern United States: Small-Mesh Multispecies Specifications, 18801-18805 2015-08078 NOTICES Endangered and Threatened Species: Take of Anadromous Fish, 18820, 18824-18827 2015-07944 2015-07945 Environmental Impact Statements; Availability, etc.: Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Fishery off the South Atlantic States, Amendment, 18823-18824 2015-08057 General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits, 18821-18823 2015-08056 Pacific Island Fisheries: Marine Conservation Plan for American Samoa, 18820-18821 2015-08070 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Wilderness Stewardship Plan, Sequoia and Kings Canyon National Parks, Fresno and Tulare Counties, CA, 18865-18866 2015-08041 National Register of Historic Places: Pending Nominations and Related Actions, 18866-18867 2015-08007 Navy Navy Department NOTICES Meetings: Secretary of the Navy Advisory Panel, 18830-18831 2015-08040 Postal Regulatory Postal Regulatory Commission NOTICES Postal Products; Amendments, 18873 2015-07975 Railroad Retirement Railroad Retirement Board NOTICES Meetings; Sunshine Act, 18873 2015-08143 Securities Securities and Exchange Commission NOTICES Applications: Amplify Investments, LLC, and Amplify ETF Trust, 18877-18881 2015-08022 Janus ETF Trust, et al., 18913-18922 2015-07971 John Hancock Exchange-Traded Fund Trust, et al., 18898-18907 2015-08023 Trust for Professional Managers and William Blair and Co., LLC, 18883-18884 2015-07970 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Mercantile Exchange, Inc., 18881-18883 2015-07962 Miami International Securities Exchange, LLC, 18892-18896 2015-07960 2015-07961 NASDAQ OMX BX, Inc., 18890-18892 2015-07966 NASDAQ OMX PHLX, LLC, 18875-18877 2015-07959 NASDAQ Stock Market, LLC, 18907-18909 2015-07965 National Securities Clearing Corp., 18889-18890 2015-07967 New York Stock Exchange, LLC, 18873-18875 2015-07968 NYSE Arca, Inc., 18909-18913 2015-07963 NYSE MKT, LLC, 18884-18889, 18896-18898 2015-07964 2015-07969 Small Business Small Business Administration NOTICES Interest Rates, 18922-18923 2015-08039 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affidavit of Relationship, 18923-18924 2015-08127 Surface Transportation Surface Transportation Board NOTICES Discontinuance of Service Exemptions: Union Pacific Railroad Co., Waukesha County, WI, 18937 2015-08080 Discontinuance of Trackage Rights Exemptions: Delaware and Hudson Railway Company, Inc., Broome County, NY, Essex, Union, Somerset, Hunterdon, and Warren Counties, NJ, et al., 18937-18938 2015-08081 Transportation Department Transportation Department See

Federal Motor Carrier Safety Administration

See

Federal Transit Administration

See

National Highway Traffic Safety Administration

See

Surface Transportation Board

PROPOSED RULES Geographic-Based Hiring Preferences in Administering Federal Awards, 18784 2015-08084
Treasury Treasury Department See

Fiscal Service

U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Citizenship and Issuance of Certificates; Extensions, 18857-18858 2015-08012 Application for Naturalization; Revisions, 18856-18857 2015-08013 Utah Utah Reclamation Mitigation and Conservation Commission NOTICES Environmental Impact Statements; Availability, etc.: Provo River Delta Restoration Project, 18940-18941 2015-08035 Separate Parts In This Issue Part II Environmental Protection Agency, 18944-19005 2015-06726 Reader Aids

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80 67 Wednesday, April 8, 2015 Rules and Regulations DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 510, 520, 522, 524, 529, and 558 [Docket No. FDA-2015-N-0002] New Animal Drugs; Approval of New Animal Drug Applications; Withdrawal of Approval of New Animal Drug Applications; Change of Sponsor; Change of Sponsor's Name; Change of Sponsor's Address AGENCY:

Food and Drug Administration, HHS.

ACTION:

Final rule; technical amendments.

SUMMARY:

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect application-related actions for new animal drug applications (NADAs) and abbreviated new animal drug applications (ANADAs) during January and February 2015. FDA is also informing the public of the availability of summaries of the basis of approval and of environmental review documents, where applicable. The animal drug regulations are also being amended to reflect several non-substantive changes. These technical amendments are being made to improve the accuracy of the regulations.

DATES:

This rule is effective April 8, 2015, except for the amendment to 21 CFR 522.1004, which is effective April 20, 2015.

FOR FURTHER INFORMATION CONTACT:

George K. Haibel, Center for Veterinary Medicine (HFV-6), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-276-9019, [email protected].

SUPPLEMENTARY INFORMATION:

FDA is amending the animal drug regulations to reflect approval actions for NADAs and ANADAs during January and February 2015, as listed in table 1. In addition, FDA is informing the public of the availability, where applicable, of documentation of environmental review required under the National Environmental Policy Act (NEPA) and, for actions requiring review of safety or effectiveness data, summaries of the basis of approval (FOI Summaries) under the Freedom of Information Act (FOIA). These public documents may be seen in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. Persons with access to the Internet may obtain these documents at the CVM FOIA Electronic Reading Room: http://www.fda.gov/AboutFDA/CentersOffices/OfficeofFoods/CVM/CVMFOIAElectronicReadingRoom/default.htm. Marketing exclusivity and patent information may be accessed in FDA's publication, Approved Animal Drug Products Online (Green Book) at: http://www.fda.gov/AnimalVeterinary/Products/ApprovedAnimalDrugProducts/default.htm.

Table 1—Original and Supplemental NADAs and ANADAs Approved During January and February 2015 NADA/ANADA Sponsor New animal drug
  • product name
  • Action 21 CFR
  • sections
  • FOIA summary NEPA review
    141-435 Piedmont Animal Health, 204 Muirs Chapel Rd., Suite 200, Greensboro, NC 27410 ADVANTUS (imidacloprid) Chewable Tablets Original approval for the treatment of flea infestations on dogs and puppies 520.1156 yes CE 1 2 141-418 Luitpold Pharmaceuticals, Inc., Animal Health Division, Shirley, NY 11967 BETAVET (betamethasone sodium phosphate and betamethasone acetate) Injectable Suspension Original approval for the control of pain and inflammation associated with osteoarthritis in horses 522.167 yes CE 1 2 200-527 Putney, Inc., One Monument Sq., suite 400, Portland, ME 04101 Enrofloxacin Antibacterial Injectable Solution Original approval as a generic copy of NADA 140-913 522.812 yes CE 1 3 200-576 Akorn Animal Health, Inc., 1925 West Field Ct., suite 300, Lake Forest, IL 60045 Gentamicin Sulfate Ophthalmic Solution Original approval as a generic copy of NADA 099-008 524.1044a yes CE 1 3 141-280 4 Intervet, Inc., 556 Morris Ave., Summit, NJ 07901 ZILMAX (zilpaterol hydrochloride) plus RUMENSIN (monensin) plus TYLAN (tylosin phosphate) plus MGA (melengestrol acetate) Type A medicated articles Supplemental approval to provide for component feeding of combination drug Type C medicated feeds to heifers fed in confinement for slaughter 558.665 yes CE 1 5 141-406 Merial, Inc., 3239 Satellite Blvd., Bldg. 500, Duluth, GA 30096-4640 NEXGARD (afoxolaner) Chewable Tablets Supplemental approval for the treatment and control of an additional tick species in dogs and puppies 520.43 yes CE 1 2 1 The Agency has determined that this action is categorically excluded (CE) from the requirement to submit an environmental assessment or an environmental impact statement because it is of a type that does not have a significant effect on the human environment. 2 CE granted under 21 CFR 25.33(d)(1). 3 CE granted under 21 CFR 25.33(a)(1). 4 This application is affected by guidance for industry (GFI) #213, “New Animal Drugs and New Animal Drug Combination Products Administered in or on Medicated Feed or Drinking Water of Food-Producing Animals: Recommendations for Drug Sponsors for Voluntarily Aligning Product Use Conditions with GFI #209”, December 2013. 5 CE granted under 21 CFR 25.33(a)(2).

    In addition during January and February 2015, ownership of, and all rights and interest in, the following approved applications have been transferred as follows:

    NADA/ANADA Previous sponsor New animal drug product name New sponsor 21 CFR
  • Section
  • 141-098 Abbott Laboratories, North Chicago, IL 60064 PROPOFLO (propofol) Injectable Suspension Zoetis Inc., 333 Portage St., Kalamazoo, MI 49007 522.2005 141-103 Abbott Laboratories, North Chicago, IL 60064 SEVOFLO (sevoflurane) Inhalation Anesthetic Zoetis Inc., 333 Portage St., Kalamazoo, MI 49007 529.2150 141-346 Abbott Laboratories, North Chicago, IL 60064 OROCAM (meloxicam) Oral Spray Zoetis Inc., 333 Portage St., Kalamazoo, MI 49007 529.1350 141-434 Abbott Laboratories, North Chicago, IL 60064 SIMBADOL (buprenorphine) Injectable Solution Zoetis Inc., 333 Portage St., Kalamazoo, MI 49007 522.230 200-070 Abbott Laboratories, North Chicago, IL 60064 ISOFLO (isoflurane) Inhalation Anesthetic Zoetis Inc., 333 Portage St., Kalamazoo, MI 49007 529.1186 048-480 ADM Alliance Nutrition., Inc., 1000 North 30th St., Quincy, IL 62305-3115 CHLORATET 90 and 100 (chlortetracycline) Type A medicated articles Pharmgate LLC, 161 North Franklin Turnpike, suite 2C, Ramsey, NJ 07446 558.128 065-256 ADM Alliance Nutrition., Inc., 1000 North 30th St., Quincy, IL 62305-3115 CHLORTET-SOLUBLE-O (chlortetracycline) Powder Pharmgate LLC, 161 North Franklin Turnpike, suite 2C, Ramsey, NJ 07446 520.441 200-197 Contemporary Products, Inc., 3788 Elm Springs Rd., Springdale, AR 72764-6067 Streptomycin Oral Solution Huvepharma AD, 5th Floor, 3A Nikolay Haitov Str., 1113 Sofia, Bulgaria 520.2158 141-084 Novartis Animal Health US, Inc., 3200 Northline Ave., suite 300, Greensboro, NC 27408 SENTINEL (milbemycin oxime and lufenuron) FLAVOR TABS Virbac AH, Inc., 3200 Meacham Blvd., Ft. Worth, TX 76137 522.1143 141-204 Novartis Animal Health US, Inc., 3200 Northline Ave., suite 300, Greensboro, NC 27408 SENTINEL (milbemycin oxime and lufenuron) FLAVOR TABS and CAPSTAR (nitenpyram) Tablets Flea Management Program Virbac AH, Inc., 3200 Meacham Blvd., Ft. Worth, TX 76137 520.1510 141-333 Novartis Animal Health US, Inc., 3200 Northline Ave., suite 300, Greensboro, NC 27408 SENTINEL SPECTRUM (milbemycin oxime/lufenuron/praziquantel) Tablets Virbac AH, Inc., 3200 Meacham Blvd., Ft. Worth, TX 76137 520.1447 141-067 OPK Biotech, LLC, 11 and 39 Hurley St., Cambridge, MA OXYGLOBIN (hemoglobin glutamer-200 (bovine)) Hemoglobin Oxygen Therapeutics, LLC, 674 Souder Rd., Souderton, PA 18964 522.1125

    At this time, the regulations are being amended to reflect these changes of sponsorship.

    In addition, Paladin Labs (USA), Inc., 160 Greentree Dr., Suite 101, Dover, DE 19904 has requested that FDA withdraw approval of NADA 141-075 for ANTIZOL-VET (fomepizole) Injection. Elsewhere in this issue of the Federal Register, FDA gave notice that approval of NADA 141-075, and all supplements and amendments thereto, is withdrawn, effective April 20, 2015. As provided in the regulatory text of this document, the animal drug regulations are being amended to reflect this voluntary withdrawal of approval.

    Following these changes of sponsorship and withdrawal of approval, Hemoglobin Oxygen Therapeutics, LLC is now the sponsor of an approved application while OPK Biotech, LLC and Paladin Labs (USA), Inc., are no longer the sponsor of an approved application. Also, Merial Ltd., 3239 Satellite Blvd., Bldg. 500, Duluth, GA 30096-4640, has informed FDA that it has changed its name to Merial, Inc., and Intervet, Inc., 556 Morris Ave., Summit, NJ 07901, has informed FDA that it has changed its address to 2 Giralda Farms, Madison, NJ 07940. Accordingly, § 510.600 (21 CFR 510.600) is being amended to reflect these changes.

    In addition, FDA is amending the tables in § 510.600(c) to remove listings for International Nutrition, Inc.; NutriBasics Co.; Seeco Inc.; Southern Micro-Blenders, Inc.; and Wellmark International because these firms are no longer the sponsor of an approved application. These technical amendments are being made to improve the accuracy of the regulations.

    This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808.

    List of Subjects 21 CFR Part 510

    Administrative practice and procedure, Animal drugs, Labeling, Reporting and recordkeeping requirements.

    21 CFR Parts 520, 522, 524, and 529

    Animal drugs.

    21 CFR Part 558

    Animal drugs, Animal feeds.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR parts 510, 520, 522, 524, 529, and 558 are amended as follows:

    PART 510—NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 510 continues to read as follows: Authority:

    21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e.

    2. Amend § 510.600 as follows: a. In the table in paragraph (c)(1), remove the entries for “Contemporary Products, Inc.”, “International Nutrition, Inc.”, “NutriBasics Co.”, “OPK Biotech, LLC”, “Paladin Labs (USA), Inc.”, “Seeco Inc.”, “Southern Micro-Blenders, Inc.”, and “Wellmark International”; b. In the table in paragraph (c)(1), revise the entries for “Intervet, Inc.” and “Merial Ltd.”; and add an entry, in alphabetical order, for “Hemoglobin Oxygen Therapeutics, LLC”; c. In the table in paragraph (c)(2), remove the entries for “011536”, “043733”, “046129”, and “055462”; and d. In the table in paragraph (c)(2), revise the entries for “000061”, “050604”, and “063075”.

    The additions and revisions read as follows:

    § 510.600 Names, addresses, and drug labeler codes of sponsors of approved applications.

    (c) * * *

    (1) * * *

    Firm name and address Drug labeler code *    *    *    *    * Hemoglobin Oxygen Therapeutics, LLC, 674 Souder Rd., Souderton, PA 18964 063075 *    *    *    *    * Intervet, Inc., 2 Giralda Farms, Madison, NJ 07940 000061 *    *    *    *    * Merial, Inc., 3239 Satellite Blvd., Bldg. 500, Duluth, GA 30096-4640 050604 *    *    *    *    *

    (2) * * *

    Drug labeler code Firm name and address *    *    *    *    * 000061 Intervet, Inc., 2 Giralda Farms, Madison, NJ 07940. *    *    *    *    * 050604 Merial, Inc., 3239 Satellite Blvd., Bldg. 500, Duluth, GA 30096-4640. *    *    *    *    * 063075 Hemoglobin Oxygen Therapeutics, LLC, 674 Souder Rd., Souderton, PA 18964. *    *    *    *    *
    PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS 3. The authority citation for 21 CFR part 520 continues to read as follows: Authority:

    21 U.S.C. 360b.

    4. In § 520.43, revise paragraph (c)(2) to read as follows:
    § 520.43 Afoxolaner.

    (c) * * *

    (2) Indications for use. Kills adult fleas; for the treatment and prevention of flea infestations (Ctenocephalides felis); for the treatment and control of black-legged tick (Ixodes scapularis), American dog tick (Dermacentor variabilis), lone star tick (Amblyomma americanum), and brown dog tick (Rhipicephalus sanguineus) infestations in dogs and puppies 8 weeks of age and older, weighing 4 lb of body weight or greater, for 1 month.

    § 520.441 [Amended]
    5. In § 520.441, in paragraph (b)(4), remove “012286” and in its place add “069254”.
    6. Add § 520.1156 to read as follows:
    § 520.1156 Imidacloprid.

    (a) Specifications. Each chewable tablet contains 7.5 or 37.5 milligrams (mg) imidacloprid.

    (b) Sponsor. See No. 000859 in § 510.600(c) of this chapter.

    (c) Conditions of use in dogs—(1) Amount. Administer daily one 7.5-mg chewable tablet to dogs weighing 4 to 22 pounds (lb) or one 37.5-mg chewable table to dogs weighing 23 to 110 lb.

    (2) Indications for use. Kills adult fleas and is indicated for the treatment of flea infestations on dogs and puppies 10 weeks of age and older and weighing 4 lb or greater.

    (3) Limitations. Do not give to puppies younger than 10 weeks of age or to dogs weighing less than 4 lb. Do not give more than one tablet a day.

    § 520.1443 [Amended]
    7. In § 520.1443, in paragraph (b), remove “058198” and in its place add “051311”.
    § 520.1447 [Amended]
    8. In § 520.1447, in paragraph (b), remove “058198” and in its place add “051311”. 9. In § 520.1510, in paragraph (d)(1)(ii)(B), remove “§ 520.1446(d)(1) of this chapter” and in its place add “§ 520.1443(d)(1)”; and revise the section heading and paragraph (b) to read as follows:
    § 520.1510 Nitenpyram.

    (b) Sponsors. See sponsor numbers in § 510.600(c) of this chapter:

    (1) No. 058198 for use as in paragraphs (d)(1)(i)(A), (d)(1)(ii)(A), and (d)(2) of this section.

    (2) No. 051311 for use as in paragraphs (d)(1)(i)(B) and (d)(1)(ii)(B) of this section.

    § 520.2158 [Amended]
    10. In § 520.2158, in paragraph (b), remove “Nos. 016592 and 055462” and in its place add “No. 016592”.
    PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 11. The authority citation for 21 CFR part 522 continues to read as follows: Authority:

    21 U.S.C. 360b.

    12. Add § 522.167 to read as follows:
    § 522.167 Betamethasone sodium phosphate and betamethasone acetate.

    (a) Specifications. Each milliliter (mL) of suspension contains 6 milligrams (mg) betamethasone (3.15 mg betamethasone sodium phosphate and 2.85 mg betamethasone acetate).

    (b) Sponsor. See No. 010797 in § 510.600(c) of this chapter.

    (c) Conditions of use in horses—(1) Amount. Administer 1.5 mL (9 mg total betamethasone) per joint by intra-articular injection. May be administered concurrently in up to two joints per horse.

    (2) Indications for use. For the control of pain and inflammation associated with osteoarthritis in horses.

    (3) Limitations. Do not use in horses intended for human consumption. Federal law restricts this drug to use by or on the order of a licensed veterinarian.

    § 522.230 [Amended]
    13. In § 522.230, in paragraph (b), remove “000044” and in its place add “054771”. 14. In § 522.812, add paragraph (b)(3) to read as follows:
    § 522.812 Enrofloxacin.

    (b) * * *

    (3) No. 026637 for use of product described in paragraph (a)(1) as in paragraph (e)(1) of this section.

    § 522.1004 [Removed]
    15. Remove § 522.1004.
    16. In § 522.2005, remove paragraph (b)(3); and revise paragraph (b)(2) to read as follows:
    § 522.2005 Propofol.

    (b) * * *

    (2) No. 054771 for use as in paragraph (c) of this section.

    PART 524—OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS 17. The authority citation for 21 CFR part 524 continues to read as follows: Authority:

    21 U.S.C. 360b.

    18. Revise § 524.1044a to read as follows:
    § 524.1044a Gentamicin ophthalmic solution.

    (a) Specifications. Each milliliter of solution contains gentamicin sulfate equivalent to 3 milligrams of gentamicin.

    (b) Sponsors. See Nos. 000061 and 059399 in § 510.600(c) of this chapter.

    (c) Conditions of use in dogs and cats—(1) Amount. Administer 1 or 2 drops into the conjunctival sac 2 to 4 times a day.

    (2) Indications for use. For the topical treatment of infections of the conjunctiva caused by susceptible bacteria.

    (3) Limitations. Federal law restricts this drug to use by or on the order of a licensed veterinarian.

    PART 529—CERTAIN OTHER DOSAGE FORM NEW ANIMAL DRUGS 19. The authority citation for 21 CFR part 529 continues to read as follows: Authority:

    21 U.S.C. 360b.

    § 529.1186 [Amended]
    20. In § 529.1186, in paragraph (b), remove “000044” and add “054771,” after “012164,”.
    § 529.1350 [Amended]
    21. In § 529.1350, in paragraph (b), remove “000074” and in its place add “054771”.
    § 529.2150 [Amended]
    22. In § 529.2150, in paragraph (b), remove “000044” and add “054771,” after “012164,”.
    PART 558—NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS 23. The authority citation for 21 CFR part 558 continues to read as follows: Authority:

    21 U.S.C. 360b, 371.

    § 558.128 [Amended]
    24. Amend § 558.128 as follows: a. In paragraph (b)(2), remove “No. 012286” and in its place add “No. 069254”; b. In paragraph (e)(3)(iv), in the “Limitations” column, remove “012286” and in its place add “069254”; and c. In the tables in paragraphs (e)(1), (e)(2), (e)(3), and (e)(4), in the “Sponsor” column, remove “012286,” wherever it occurs.
    25. In § 558.665, add paragraph (e)(9) to read as follows:
    § 558.665 Zilpaterol.

    (e) * * *

    Zilpaterol in grams/ton Combination in grams/ton Indications for use Limitations Sponsor *         *         *         *         *         *         * (9) 6.8 to 24 Monensin 10 to 40, plus tylosin 8 to 10, plus melengestrol acetate to provide 0.25 to 0.5 mg/head/day Heifers fed in confinement for slaughter: For increased rate of weight gain, improved feed efficiency, and increased carcass leanness in cattle fed in confinement for slaughter during the last 20 to 40 days on feed; for prevention and control of coccidiosis due to Eimeria bovis and E. zuernii; and for reduction of incidence of liver abscesses caused by Fusobacterium necrophorum and Arcanobacterium (Actinomyces) pyogenes; and for suppression of estrus (heat) Feed continuously to heifers during the last 20 to 40 days on feed to provide 60 mg zilpaterol hydrochloride per head per day. See §§ 558.342(d), 558.355(d), and 558.625(c). Monensin and tylosin as provided by No. 000986; melengestrol acetate as provided by No. 054771 in § 510.600(c) of this chapter. Withdrawal period: 3 days 000061
    Dated: April 3, 2015. Bernadette Dunham, Director, Center for Veterinary Medicine.
    [FR Doc. 2015-08025 Filed 4-7-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 522 [Docket No. FDA-2015-N-0002] Implantation or Injectable Dosage Form New Animal Drugs; Withdrawal of Approval of New Animal Drug Application; Fomepizole AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notification of withdrawal.

    SUMMARY:

    The Food and Drug Administration (FDA) is withdrawing approval of a new animal drug application (NADA) for a fomepizole injectable solution used as an antidote for ethylene glycol poisoning in dogs. This action is being taken at the sponsor's request because this product is no longer manufactured or marketed.

    DATES:

    Withdrawal of approval is effective April 20, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Sujaya Dessai, Center for Veterinary Medicine (HFV-212), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-276-9075, [email protected].

    SUPPLEMENTARY INFORMATION:

    Paladin Labs (USA), Inc., 160 Greentree Dr., suite 101, Dover, DE 19904 has requested that FDA withdraw approval of NADA 141-075 for ANTIZOL-VET (fomepizole) Injection because the product is no longer manufactured or marketed.

    Therefore, under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, and in accordance with § 514.116 Notice of withdrawal of approval of application (21 CFR 514.116), notice is given that approval of NADA 141-075, and all supplements and amendments thereto, is hereby withdrawn.

    Elsewhere in this issue of the Federal Register, FDA is amending the animal drug regulations to reflect the voluntary withdrawal of approval of this application.

    Dated: April 3, 2015. Bernadette Dunham, Director, Center for Veterinary Medicine.
    [FR Doc. 2015-08024 Filed 4-7-15; 8:45 am] BILLING CODE 4164-01-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 260 and 261 [EPA-HQ-RCRA-2015-0118; FRL_9923-12-OSWER] Response to Vacaturs of the Comparable Fuels Rule and the Gasification Rule AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is revising regulations associated with the comparable fuels exclusion and the gasification exclusion, originally issued by EPA under the Resource Conservation and Recovery Act (RCRA). These revisions implement vacaturs ordered by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit), on June 27, 2014.

    DATES:

    Effective April 8, 2015.

    ADDRESSES:

    EPA has established a docket for this action under Docket ID No. EPA-HQ-RCRA-2015-0118. 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., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the EPA Docket Center, EPA/DC, WJC West Building, 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 RCRA Docket is (202) 566-0270.

    FOR FURTHER INFORMATION CONTACT:

    Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, MC 5304P, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460, Tracy Atagi, at (703) 308-8672, ([email protected]) or Frank Behan, at (703) 308-8476, [email protected].

    SUPPLEMENTARY INFORMATION:

    Preamble Outline I. General Information II. Statutory Authority III. Which regulations is EPA removing? IV. Background on the Comparable Fuels Rule and the Gasification Rule V. When will the final rule become effective? VI. State Authorization VII. Statutory and Executive Order (EO) Reviews I. General Information A. Does this action apply to me?

    Today's final rule applies to generators, transporters, and facilities treating, storing, disposing or otherwise managing hazardous wastes previously excluded from RCRA regulation under the comparable fuels rule or previously excluded from RCRA regulation under the gasification rule. EPA has not identified any entities currently operating under the gasification rule, but has identified 31 facilities that appear to be managing previously-excluded comparable fuels. A list of these facilities is available in the docket for today's rule (Docket ID no. EPA-HQ-RCRA-2015-0118).

    B. Why is EPA issuing a final rule?

    Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary or contrary to the public interest, the Agency may issue a rule without providing notice and an opportunity for public comment. EPA has determined that there is good cause for removing these provisions without prior proposal and opportunity for comment, because these revisions are consistent with court orders vacating these rules. As a matter of law, the orders issued by the United States Court of Appeals for the District of Columbia Circuit on June 27, 2014, vacated the “comparable fuels rule” and the gasification rule issued by EPA under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901, et seq. It is, therefore, unnecessary to provide notice and an opportunity for comment on this action, which merely carries out the court's orders. For the same reasons, EPA finds that it has good cause to make the revisions effective under 5 U.S.C. 553(d) and section 3010(b) of RCRA 42 U.S.C. 6930(b).

    II. Statutory Authority

    These regulations are promulgated under the authority of sections 2002, 3001, 3002, 3003, 3004, 3006, 3007, 3010, and 3017 of the Solid Waste Disposal Act of 1970, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA), 42 U.S.C. 6921, 6922, 6923, and 6924. This statute is commonly referred to as “RCRA.”

    III. Which regulations is EPA removing?

    EPA is removing provisions at 40 CFR 261.4(a)(16) and 40 CFR 261.38 related to comparable fuels, and revising 40 CFR 261.4(a)(12)(i) by removing gasification from the list of specific petroleum refining processes into which oil-bearing hazardous secondary materials may be inserted. The effect of the removal of 40 CFR 261.4(a)(16) and 261.38 will be to make comparable fuels that were previously excluded from the RCRA definition of solid waste subject to regulation under RCRA subtitle C. The removal of gasification from 40 CFR 261.4(a)(12)(i) will prevent hazardous secondary materials generated at petroleum refineries from being inserted into gasifiers at refineries without being deemed hazardous wastes and therefore being subject to hazardous waste regulations under RCRA subtitle C. As a result of these previously excluded materials now being identified as hazardous waste under 40 CFR 261.3, facilities burning these materials will be subject to regulation as Hazardous Waste Combustors under 40 CFR part 63 subpart EEE, as well as applicable regulations under RCRA subtitle C.

    IV. Background on the Comparable Fuels Rule and the Gasification Rule A. The Comparable Fuels Rule

    EPA promulgated the Comparable Fuels Rule in 1998.1 The rule provided that fuels made from materials identified as hazardous wastes were excluded from the RCRA definition of solid waste if, as generated or after treatment and blending, they were sufficiently comparable to commercial fossil fuels for which they were substituted with respect to levels of hazardous constituents and physical properties that affect fuel burning efficiency, such as viscosity and heating value. Because the fuels, as burned, would contain contaminants no greater than commercial fossil fuels, and were otherwise indistinguishable from the fossil fuels that would be burned in their place, EPA found that the comparable fuels would pose no greater risk than commercial fuels when burned, and could be legitimately classified as non-waste fuels rather than as solid and hazardous waste fuels.

    1 See “Hazardous Waste Combustors; Revised Standards,” 63 FR 33782 (June 19, 1998).

    The Agency took the position that comparable fuels were not being “discarded” within the meaning of the definition of solid waste in RCRA section 1004(27), 42 U.S.C. 6903(27). RCRA defines solid wastes, for relevant purposes, as materials that have been discarded in the plain sense of the term, meaning that the material has been thrown away, disposed of or abandoned. Under RCRA a material regulated as a hazardous waste must first be a solid waste—that is, a discarded material. Thus, even though the comparable fuels were derived from materials that are listed hazardous wastes, EPA had concluded that fuels that met specified comparability criteria were not solid wastes because they looked no different from commercial fuels.

    The comparable fuels rule was vacated by United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit), on June 27, 2014 (Natural Resources Defense Council v. EPA, 755 F. 3d 1010 (June 27, 2014)). In its decision, the court held that the unambiguous language of section 3004(q) requires that fuels produced from hazardous wastes must remain classified as hazardous wastes under subtitle C (other than in limited specified instances not relevant here). Section 3004(q), according to the court, unequivocally provides that EPA “shall” promulgate regulations as “may” be necessary to protect human health and the environment for the production of fuels from “any” materials identified as hazardous waste under RCRA. All hazardous secondary materials from which the comparable fuels were made were identified in RCRA regulations as hazardous wastes.

    On November 3, 2014, the court granted EPA's motion to stay the issuance of the mandate for the comparable fuels rule until March 30, 2015, in order to allow affected facilities time to come into compliance with applicable subtitle C regulations.

    B. Gasification Rule

    Under the gasification rule, which was promulgated in 2008,2 EPA determined that oil-bearing hazardous secondary materials, even though otherwise identified as hazardous wastes under RCRA if discarded, are not in fact discarded and not solid wastes if they are inserted into a gasification unit located at a petroleum refinery to produce synthesis gas.3 Therefore, they were excluded from hazardous waste regulation.

    2 See “Regulation of Oil-Bearing Hazardous Secondary Materials From the Petroleum Refining Industry Processed in a Gasification System To Produce Synthesis Gas,” 73 FR 57-72 (Jan. 2, 2008).

    3 Synthesis gas is a type of fuel that may be burned for the recovery of energy.

    The gasification rule was vacated by United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit), on June 27, 2014. (Sierra Club v. EPA, 755 F. 3d 968).The court held, similar to its decision on the Comparable Fuels Rule, that the Gasification Rule violates the plain language of RCRA section 3004(q) because fuels produced from hazardous wastes remain solid and hazardous wastes. Thus, all hazardous wastes inserted into a gasification unit at petroleum refineries remain subject to RCRA regulations as hazardous wastes.

    The court issued its mandate for the vacatur of the gasification rule on November 3, 2014.

    V. When will the final rule become effective?

    The removal of the comparable fuels exclusion and the revisions removing gasification as an exclusion are effective immediately.

    VI. State Authorization A. Applicability of Rules in Authorized States

    Under section 3006 of RCRA, EPA may authorize a qualified state to administer and enforce a hazardous waste program within the state in lieu of the federal program, and to issue and enforce permits in the state. A state may receive authorization by following the approval process described in 40 CFR 271.21 (see 40 CFR part 271 for the overall standards and requirements for authorization). EPA continues to have independent authority to bring enforcement actions under RCRA sections 3007, 3008, 3013, and 7003. An authorized state also continues to have independent authority to bring enforcement actions under state law.

    After a state receives initial authorization, new federal requirements promulgated under RCRA authority existing prior to the 1984 Hazardous and Solid Waste Amendments (HSWA) do not apply in that state until the state adopts and receives authorization for equivalent state requirements. In contrast, under RCRA section 3006(g) (42 U.S.C. 6926(g)), new federal requirements and prohibitions imposed under subtitle C pursuant to HSWA provisions take effect in authorized states at the same time that they take effect in unauthorized states. As such, EPA carries out the HSWA requirements and prohibitions in authorized states, including the issuance of new permits implementing those requirements, until EPA authorizes the state to do so.

    Authorized states are required to modify their programs only when EPA enacts federal requirements that are more stringent or broader in scope than the existing federal requirements. RCRA section 3009 allows the states to impose standards more stringent than those in the federal program (see also 40 CFR 271.1(i)). Therefore, authorized states are not required to adopt federal regulations that are considered less stringent than previous federal regulations or that narrow the scope of the RCRA program. Previously authorized hazardous waste regulations would continue to apply in those states.

    B. Effect on State Authorization of D.C. Circuit Court Vacaturs

    On March 30, 2015, the D.C. Circuit Court issued its mandate, effectuating the vacatur of the comparable fuels rule, as described earlier in this document. The mandate for the gasification rule was issued on November 3, 2014. The court's vacaturs mean that these federal rules are legally null and void. Therefore, the court's mandates reinstate the regulatory status of the materials previously in effect as if the vacated rules never existed. Because excluded comparable fuels and gasified hazardous waste were, or would have been, previously regulated as discarded solid waste, these materials, if hazardous, must be handled as hazardous waste in compliance with requirements applicable to the generation, transportation, treatment, storage, or disposal of hazardous waste after March 30, 2015. At the federal level, because the effect of the vacaturs means, in essence, that these rules should not have been promulgated, this document simply removes them from the exclusions in the federal regulations. At the state level, because no state rules were challenged in the litigation, the court decision does not affect any state exclusions. However, the vacaturs do have an impact on the authorization status of states. The multiple scenarios that exist in the states are discussed below.

    1. States Without Final RCRA Authorization

    For states that have no RCRA authorization status (Iowa, Alaska), the vacaturs simply mean that the federal rules will no longer be in effect in those states and by this document, EPA is alerting interested parties of the removal of the vacated rules from the Code of Federal Regulations. The subject materials are federally regulated and EPA may bring enforcement actions under RCRA Section 3008 at facilities that do not comply with the RCRA hazardous waste regulations. The state programs are completely unaffected by the vacaturs and these states do not have to modify their programs in any way regardless of how they currently regulate the materials.

    2. States That Have Final Authorization but Did Not Promulgate Similar Rules

    For states that have been authorized under RCRA but did not adopt rules similar to the comparable fuels and gasification rules (and therefore were not authorized for them), there were no federal comparable fuels and gasification rules in effect prior to vacatur because the federal comparable fuels and gasification rules were less stringent than the federal hazardous waste regulations and states were not required to adopt or become authorized for these rules. Therefore, these vacaturs will have no effect on the authorization status in these states. The subject materials remain regulated under the authorized state hazardous waste program and EPA may continue to bring enforcement actions under RCRA Section 3008 at facilities that do not comply with the RCRA hazardous waste regulations. These states do not have to modify their programs.

    3. States That Adopted Similar Rules But Are Not Yet Authorized for Them

    For states that have adopted similar rules but have not yet been authorized for them, the vacatur of the federal rules will not change the authorization status of the state programs. The authorization status that was established prior to the adoption of the state counterpart rules remains in effect and EPA may continue to bring enforcement actions under RCRA Section 3008 at facilities that do not comply with the RCRA hazardous waste regulations. The vacaturs and subsequent removal of the federal rules will result in state programs that are less stringent than the federal program as long as state provisions that exclude the subject materials from regulation remain in effect in the state programs. EPA encourages these states to expeditiously remove these rules from their programs.

    4. States That Adopted Similar Rules and Have Been Authorized for Them

    For states that have previously been authorized for the comparable fuels and gasification rules, the effect of the vacaturs is that the previously authorized comparable fuels and gasification rules from the state program will no longer be considered part of the federally authorized program. Thus, EPA may bring enforcement actions under RCRA Section 3008 at facilities that do not comply with the RCRA hazardous waste regulations. In other words, the authorization status of the state program that was in place prior to authorization of the state comparable fuels and gasification rules is reinstated with regard to these rules. EPA strongly encourages these states to proceed expeditiously to remove these counterpart rules. Once the counterpart rules are removed, these states should notify their EPA regional office by letter to verify the status of the state program.

    VII. Statutory and Executive Order (EO) Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993) and Executive Order 13563 (76 FR 3821, January 21, 2011), this action is not a “significant regulatory action” and is therefore not subject to OMB review. Because this action is not subject to notice and comment requirements under the Administrative Procedures Act or any other statute, it is not subject to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) or Sections 202 and 205 of the Unfunded Mandates Reform Act of 1999 (UMRA) (Pub. L. 104-4). In addition, this action does not significantly or uniquely affect small governments. This action does not create new binding legal requirements that substantially and directly affect Tribes under Executive Order 13175 (65 FR 67249, November 9, 2000). This action does not have significant Federalism implications under Executive Order 13132 (64 FR 43255, August 10, 1999). Because this final rule has been exempted from review under Executive Order 12866, this final rule 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 final rule 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). This action does not involve technical standards; thus, the requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.

    Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that before certain actions may take effect, the agency promulgating the action must submit a report, which includes a copy of the action, to each House of the Congress and to the Comptroller General of the United States. 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).

    List of Subjects 40 CFR Part 260

    Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Reporting and recordkeeping requirements.

    40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, Solid Waste.

    Dated: April 1, 2015. Mathy Stanislaus, Assistant Administrator, Office of Solid Waste and Emergency Response.

    For the reasons stated in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as follows:

    PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL 1. The authority citation for part 260 continues to read as follows: Authority:

    42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935, 6937, 6938, 6939 and 6974.

    Subpart B—Definitions
    § 260.10 [Amended]
    2. Section 260.10 is amended by removing the definition of “Gasification.” PART 261—IDENTIFICATION AND LISTING OF HAZARDOUS WASTE 3. The authority citation for part 261 continues to read as follows: Authority:

    42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), and 6938.

    4. Section 261.4 is amended by revising paragraph (a)(12)(i), and removing and reserving paragraph (a)(16) to read as follows:
    § 261.4 Exclusions.

    (a) * * *

    (12)(i) Oil-bearing hazardous secondary materials (i.e., sludges, byproducts, or spent materials) that are generated at a petroleum refinery (SIC code 2911) and are inserted into the petroleum refining process (SIC code 2911—including, but not limited to, distillation, catalytic cracking, fractionation, or thermal cracking units (i.e., cokers)) unless the material is placed on the land, or speculatively accumulated before being so recycled. Materials inserted into thermal cracking units are excluded under this paragraph, provided that the coke product also does not exhibit a characteristic of hazardous waste. Oil-bearing hazardous secondary materials may be inserted into the same petroleum refinery where they are generated, or sent directly to another petroleum refinery and still be excluded under this provision. Except as provided in paragraph (a)(12)(ii) of this section, oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry (i.e., from sources other than petroleum refineries) are not excluded under this section. Residuals generated from processing or recycling materials excluded under this paragraph (a)(12)(i), where such materials as generated would have otherwise met a listing under subpart D of this part, are designated as F037 listed wastes when disposed of or intended for disposal.

    (16) [Reserved]

    § 261.38 [Removed and Reserved]
    5. Remove and reserve § 261.38.
    [FR Doc. 2015-07992 Filed 4-7-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA-HQ-SFUND-1991-0006; FRL-9925-83-Region 8] National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List: Deletion of the Midvale Slag Superfund Site AGENCY:

    Environmental Protection Agency.

    ACTION:

    Final rule.

    SUMMARY:

    The U.S. Environmental Protection Agency (EPA) Region 8 announces the deletion of the Midvale Slag Superfund Site (Site), located in Salt Lake County, Utah, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Utah, through the Utah Department of Environmental Quality (UDEQ), have determined that all appropriate response actions under CERCLA, other than operation, maintenance and five-year reviews of the Site, have been completed. However, this deletion does not preclude future actions under Superfund.

    DATES:

    This action is effective April 8, 2015.

    ADDRESSES:

    Docket: EPA has established a docket for this action under Docket ID No. EPA-HQ-SFUND-1991-0006. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information 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. EPA 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.

    SUPPLEMENTARY INFORMATION:

    The site to be deleted from the NPL is: Midvale Slag Superfund Site (Site), located in Salt Lake County, Utah. A Notice of Intent to Delete for this Site was published in the Federal Register (80 FR 6496) on February 5, 2015.

    The closing date for comments on the Notice of Intent to Delete was March 9, 2015. One public comment was received. The comment requested that the Site not be deleted over concerns that water quality in the Jordan River would not be protected from the potential release of hazardous substances from the Kennecott North and Kennecott South Sites. The EPA believes the deletion action is appropriate as the remediation goals for this Site have been met and the water monitoring data shows that the Jordan River is not being adversely affected by this Site. A responsiveness summary was prepared and placed in both the docket, EPA-HQ-SFUND EPA-HQ-SFUND-1991-0006, on www.regulations.gov, and in the local repository listed above.

    EPA maintains the NPL as the list of sites that appear to present a significant risk to public health, welfare, or the environment. Deletion from the NPL does not preclude further remedial action. Whenever there is a significant release from a site deleted from the NPL, the deleted site may be restored to the NPL without application of the hazard ranking system. Deletion of a site from the NPL does not affect responsible party liability in the unlikely event that future conditions warrant further actions.

    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 26, 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.

    Appendix B to Part 300—[Amended] 2. Table 1 of Appendix B to part 300 is amended by removing the entry “UT Midvale Slag, Midvale.”
    [FR Doc. 2015-07950 Filed 4-7-15; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 140107014-4014-01] RIN 0648-XD868 Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fisheries; Inseason Actions #1 and #2 AGENCY:

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

    ACTION:

    Modification of fishing seasons; request for comments.

    SUMMARY:

    NMFS announces two inseason actions in the ocean salmon fisheries. These inseason actions modified the commercial salmon fisheries in the area from the Cape Falcon, OR, to Point Arena, CA.

    DATES:

    The effective dates for the inseason actions are set out in this document under the heading Inseason Actions. Comments will be accepted through April 23, 2015.

    ADDRESSES:

    You may submit comments, identified by NOAA-NMFS-2014-0005, by any one of the following methods:

    Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0005, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: William W. Stelle, Jr., Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-6349

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

    FOR FURTHER INFORMATION CONTACT:

    Peggy Mundy at 206-526-4323.

    SUPPLEMENTARY INFORMATION: Background

    In the 2014 annual management measures for ocean salmon fisheries (79 FR 24580, May 1, 2014), NMFS announced the commercial and recreational fisheries in the area from the U.S./Canada border to the U.S./Mexico border, beginning May 1, 2014, and 2015 salmon seasons opening earlier than May 1, 2015. NMFS is authorized to implement inseason management actions to modify fishing seasons and quotas as necessary to provide fishing opportunity while meeting management objectives for the affected species (50 CFR 660.409). Inseason actions in the salmon fishery may be taken directly by NMFS (50 CFR 660.409(a)—Fixed inseason management provisions) or upon consultation with the Pacific Fishery Management Council (Council) and the appropriate State Directors (50 CFR 660.409(b)—Flexible inseason management provisions). The state management agencies that participate in these consultations are: California Department of Fish and Wildlife (CDFW), Oregon Department of Fish and Wildlife (ODFW), and Washington Department of Fish and Wildlife (WDFW).

    Management of the salmon fisheries is generally divided into two geographic areas: North of Cape Falcon (U.S./Canada border to Cape Falcon, OR) and south of Cape Falcon (Cape Falcon, OR, to the U.S./Mexico border). The inseason actions reported in this document affect fisheries south of Cape Falcon. Within the south of Cape Falcon area, the Klamath Management Zone (KMZ) extends from Humbug Mountain, OR, to Humboldt South Jetty, CA, and is divided at the Oregon/California border into the Oregon KMZ to the north and California KMZ to the south. All times mentioned refer to Pacific daylight time.

    Inseason Actions Inseason Action #1

    Description of action: Inseason action #1 modified the dates for the pre-May 2015 commercial salmon fishery from Cape Falcon, OR, to Humbug Mountain, OR (Newport/Tillamook and Coos Bay subareas) and from Humbug Mountain, OR, to the Oregon/California border (Oregon KMZ). These fisheries opened on April 1, 2015 rather than March 15, 2015, as previously scheduled (79 FR 24580).

    Effective dates: Inseason action #1 took effect on March 15, 2015, and remains in effect through April 30, 2015.

    Reason and authorization for the action: This action was taken to limit fishery impacts on age-4 Klamath River fall Chinook salmon (KRFC), the surrogate for managing impacts on California coastal Chinook salmon, which are listed as threatened under the Endangered Species Act (ESA). Inseason action to modify quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

    Consultation date and participants: Consultation on inseason action #1 occurred at the Council meeting on March 11, 2015. The state of Oregon recommended the Council adopt this action for recommendation to NMFS.

    Inseason Action #2

    Description of action: Inseason action #2 cancelled the pre-May 2015 commercial salmon fishery from Horse Mountain, CA, to Point Arena, CA (Fort Bragg subarea), previously scheduled to open on April 16, 2015 (79 FR 24580).

    Effective dates: Inseason action #2 takes effect on April 16, 2015, and remains in effect until April 30, 2015.

    Reason and authorization for the action: This action was taken to limit fishery impacts on age-4 Klamath River fall Chinook salmon (KRFC), the surrogate for managing impacts on California coastal Chinook salmon, which are listed as threatened under the Endangered Species Act (ESA). Inseason action to modify quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

    Consultation date and participants: Consultation on inseason action #2 occurred at the Council meeting on March 11, 2015. The state of California recommended the Council adopt this action for recommendation to NMFS.

    All other restrictions and regulations remain in effect as announced for the 2014 ocean salmon fisheries and 2015 fisheries opening prior to May 1, 2015 (79 FR 24580, May 1, 2014).

    The RA determined that the best available information indicated that Chinook salmon abundance forecasts and estimates of fishery impacts supported the above inseason actions recommended by the states of Oregon and California. The states manage the fisheries in state waters adjacent to the areas of the U.S. exclusive economic zone in accordance with these Federal actions. As provided by the inseason notice procedures of 50 CFR 660.411, actual notice of the described regulatory actions was given, prior to the time the action was effective, by telephone hotline numbers 206-526-6667 and 800-662-9825, and by U.S. Coast Guard Notice to Mariners broadcasts on Channel 16 VHF-FM and 2182 kHz.

    Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds that good cause exists for this notification to be issued without affording prior notice and opportunity for public comment under 5 U.S.C. 553(b)(B) because such notification would be impracticable. As previously noted, actual notice of the regulatory actions was provided to fishers through telephone hotline and radio notification. These actions comply with the requirements of the annual management measures for ocean salmon fisheries (79 FR 24580, May 1, 2014), the West Coast Salmon Fishery Management Plan (Salmon FMP), and regulations implementing the Salmon FMP, 50 CFR 660.409 and 660.411. Prior notice and opportunity for public comment was impracticable because NMFS and the state agencies had insufficient time to provide for prior notice and the opportunity for public comment between the time Chinook salmon abundance forecasts and catch and effort projections were developed and fisheries impacts were calculated, and the time the fishery modifications had to be implemented in order to ensure that fisheries are managed based on the best available scientific information, ensuring that conservation objectives and ESA consultation standards are not exceeded. The AA also finds good cause to waive the 30-day delay in effectiveness required under 5 U.S.C. 553(d)(3), as a delay in effectiveness of these actions would allow fishing at levels inconsistent with the goals of the Salmon FMP and the current management measures.

    These actions are authorized by 50 CFR 660.409 and 660.411 and are exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 3, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-08054 Filed 4-7-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 131021878-4158-02] RIN 0648-XD886 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 Feet (18.3 meters) Length Overall Using Jig or Hook-and-Line Gear in the Bogoslof Pacific Cod Exemption Area in the Bering Sea and Aleutian Islands Management Area AGENCY:

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

    ACTION:

    Temporary rule; closure.

    SUMMARY:

    NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using jig or hook-and-line gear in the Bogoslof Pacific cod exemption area of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the limit of Pacific cod for catcher vessels less than 60 feet (18.3 m) LOA using jig or hook-and-line gear in the Bogoslof Pacific cod exemption area in the BSAI.

    DATES:

    Effective 1200 hrs, Alaska local time (A.l.t.), April 3, 2015, through 2400 hrs, A.l.t., December 31, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Josh Keaton, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.

    In accordance with § 679.22(a)(7)(i)(C)(2), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that 113 metric tons of Pacific cod have been caught by catcher vessels less than 60 feet (18.3 m) LOA using jig or hook-and-line gear in the Bogoslof exemption area described at § 679.22(a)(7)(i)(C)(1). Consequently, the Regional Administrator is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using jig or hook-and-line gear in the Bogoslof Pacific cod exemption area.

    After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip.

    Classification

    This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the directed fishery closure of Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using jig or hook-and-line gear in the Bogoslof Pacific cod exemption area. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of April 2, 2015.

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

    This action is required by § 679.22 and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 3, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-08051 Filed 4-3-15; 4:15 pm] BILLING CODE 3510-22-P
    80 67 Wednesday, April 8, 2015 Proposed Rules DEPARTMENT OF TRANSPORTATION Office of the Secretary 2 CFR Part 1201 [Docket DOT-OST-2015-0013] RIN 2105-AE38 Geographic-Based Hiring Preferences in Administering Federal Awards AGENCY:

    Office of the Secretary (OST), Department of Transportation (DOT).

    ACTION:

    Extension of comment period on proposed rule.

    SUMMARY:

    This action extends the comment period for the Notice of Proposed Rulemaking (NPRM) proposing to amend the DOT's implementation of the Government-wide Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards to permit recipients and subrecipients to impose geographic-based hiring preferences whenever not otherwise prohibited by Federal statute. This NPRM was published in the Federal Register on March 6, 2015, at 80 FR 12092. We are extending the end of the comment period from April 6, 2015, to May 6, 2015. The extension of the comment period is intended to provide all interested parties sufficient time prior to submit comments to the docket for this proposed rulemaking.

    DATES:

    Comments must be received by May 6, 2015. Comments received after this date will be considered to the extent practicable.

    ADDRESSES:

    You may file comments identified by the docket number DOT-OST-2015-0013 by any of the following methods:

    • Federal eRulemaking Portal: go to http://www.regulations.gov and follow the online instructions for submitting comments.

    • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Ave. SE., Room W12-140, Washington, DC 20590-0001.

    • Hand Delivery or Courier: West Building Ground Floor, Room W12-140, 1200 New Jersey Ave. SE., between 9:00 a.m. and 5:00 p.m. ET, Monday through Friday, except Federal Holidays.

    • Fax: (202) 493-2251.

    Instructions: You must include the agency name and docket number DOT-OST-2015-0013 or the Regulatory Identification Number, RIN No. 2105-AE11, for the rulemaking at the beginning of your comment. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

    Privacy Act: Anyone is able to search the electronic form of all comments received in any of our dockets by the name of the individual submitting the comment (or signing the comment if submitted on behalf of an association, a business, a labor union, etc.). You may review DOT's complete Privacy Act statement in the Federal Register published on April 11, 2000 (65 FR 19477-78), or you may visit http://Docketslnfo.dot.gov.

    Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov or to the street address listed above. Follow the online instructions for accessing the docket.

    FOR FURTHER INFORMATION CONTACT:

    Michael Harkins, Deputy Assistant General Counsel for General Law (OST-C10), U.S. Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590, 202-366-0590.

    SUPPLEMENTARY INFORMATION:

    On March 6, 2015, the Department published a NPRM proposing to amend the DOT's implementation of the Government-wide Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards to permit recipients and subrecipients to impose geographic-based hiring preferences whenever not otherwise prohibited by Federal statute. On March 13, the American Public Transportation Association (APTA) posted a comment requesting DOT extent the comment period for this NPRM by 30 days to May 6. With this notice, the DOT is granting this request by further extending the comment period to May 6.

    The DOT has also received a comment to the docket asking whether this proposed rule applies to rolling stock. The DOT specifically requests comments on this issue and whether the DOT should clarify the proposed rule's application to the procurement of rolling stock.

    Issued this 1st day of April, 2015, in Washington, DC. Kathryn B. Thomson, General Counsel.
    [FR Doc. 2015-08084 Filed 4-7-15; 8:45 am] BILLING CODE 4910-9X-P
    DEPARTMENT OF ENERGY 10 CFR Part 430 [Docket Number EERE-2014-BT-STD-0045] RIN 1904-AD48 Energy Conservation Program for Consumer Products: Definitions for Residential Water Heaters AGENCY:

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

    ACTION:

    Notice of proposed rulemaking (NOPR).

    SUMMARY:

    The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including residential water heaters. EPCA also requires the U.S. Department of Energy (DOE) to determine whether more stringent amended standards would be technologically feasible and economically justified, and would save a significant amount of energy. Accordingly, DOE established amended energy conservation standards for several classes of residential water heaters in an April 2010 final rule. In this notice, DOE proposes to amend its definitions pertaining to residential water heaters and to clarify the applicability of energy conservation standards for residential water heaters that are utilized as a secondary back-up heat source in solar-thermal water heating systems. Specifically, DOE is proposing to create a definition for “solar-assisted fossil fuel storage water heater” and “solar-assisted electric storage water heater” and clarify that water heaters meeting these definitions are not subject to the amended energy conservation standards for residential water heaters established by the April 2010 final rule.

    DATES:

    DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) no later than May 8, 2015. See section V, “Public Participation” for details.

    ADDRESSES:

    Any comments submitted must identify the NOPR for Energy Conservation Standards for Residential Water Heaters, and provide docket number EERE-2014-BT-STD-0045 and/or regulatory information number (RIN) number 1904-AD48. Comments may be submitted using any of the following methods:

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

    2. Email: [email protected] Include the docket number and/or RIN in the subject line of the message.

    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW., Washington, DC 20585-0121. If possible, please submit all items on a CD. It is not necessary to include printed copies.

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

    For detailed instructions on submitting comments and additional information on the rulemaking process, see section V of this document (Public Participation).

    Docket: The docket, which includes Federal Register notices, public meeting attendee lists and transcripts, comments, and other supporting documents/materials, is available for review at regulations.gov. All documents in the docket are listed in the regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available.

    A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;D=EERE-2014-BT-STD-0045. This Web page will contain a link to the docket for this notice on the regulations.gov site. The regulations.gov Web page will contain simple instructions on how to access all documents, including public comments, in the docket. See section V for further information on how to submit comments through www.regulations.gov.

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

    FOR FURTHER INFORMATION CONTACT:

    Ashley Armstrong, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-6590. Email: [email protected]

    Johanna Hariharan, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 287-6307. Email: [email protected]

    SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction A. Authority B. Background II. Summary of the Proposed Rule III. General Discussion A. Product Classes 1. General Description 2. Comments on te General Advantages of Solar Heating Systems 3. Design and Heating Rate Differences D. Conclusions IV. Procedural Issues and Regulatory Review A. Review Under Executive Orders 12866 and 13563 B. Review Under the Regulatory Flexibility Act C. Review Under the Paperwork Reduction Act D. Review Under the National Environmental Policy Act of 1969 E. Review Under Executive Order 13132 F. Review Under Executive Order 12988 G. Review Under the Unfunded Mandates Reform Act of 1995 H. Review Under the Treasury and General Government Appropriations Act, 1999 I. Review Under Executive Order 12630 J. Review Under the Treasury and General Government Appropriations Act, 2001 K. Review Under Executive Order 13211 L. Review Under the Information Quality Bulletin for Peer Review V. Public Participation A. Submission of Comments B. Issues on Which DOE Seeks Comment VI. Approval of the Office of the Secretary I. Introduction

    The following section briefly discusses the statutory authority underlying DOE's standards for residential water heaters and this NOPR, as well as some of the relevant historical background related to the establishment of standards for residential water heaters.

    A. Authority

    Title III of the Energy Policy and Conservation Act, as amended 1 (42 U.S.C. 6291 et seq.; hereinafter “EPCA”) sets forth various provisions designed to improve energy efficiency. Part A of title III of EPCA (42 U.S.C. 6291-6309) establishes the “Energy Conservation Program for Consumer Products Other Than Automobiles,” which covers consumer products and certain commercial products (hereinafter referred to as “covered products”).2 These covered products include residential water heaters, which are the subject of this notice. (42 U.S.C. 6292(a)(4))

    1 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).

    2 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A.

    Under EPCA, energy conservation programs generally consist of four parts: (1) Testing, (2) labeling, (3) establishing Federal energy conservation standards, and (4) certification and enforcement procedures. The Federal Trade Commission (FTC) is primarily responsible for labeling consumer products, and DOE implements the remainder of the program.

    EPCA contains what is known as an “anti-backsliding” provision, which prevents the Secretary from prescribing any amended standard that either increases the maximum allowable energy use or decreases the minimum required energy efficiency of a covered product. (42 U.S.C. 6295(o)(1)) Also, the Secretary may not prescribe an amended or new standard if interested persons have established by a preponderance of the evidence that the standard is likely to result in the unavailability in the United States of any covered product type (or class) of performance characteristics (including reliability), features, sizes, capacities, and volumes that are substantially the same as those generally available in the United States. (42 U.S.C. 6295(o)(4))

    B. Background

    EPCA prescribed energy conservation standards for residential water heaters (42 U.S.C. 6295(e)(1)) and directed DOE to conduct rulemakings to determine whether to amend these standards. (42 U.S.C. 6295(e)(4)) DOE notes that under 42 U.S.C. 6295(m), the agency must periodically review its already established energy conservation standards for a covered product. Under this requirement, the next review that DOE would need to conduct must occur no later than six years from the issuance of a final rule establishing or amending a standard for a covered product.

    On January 17, 2001, DOE published a final rule prescribing the Federal energy conservation standards for residential water heaters that are currently in effect for units manufactured on or after January 20, 2004. 66 FR 4474 (“January 2001 Final Rule”). The January 2001 Final Rule set minimum energy factors (EFs) that vary based on the 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. 66 FR 4474; 10 CFR 430.32(d). Table I.1 presents the current Federal energy conservation standards for residential water heaters.

    Table I.1—Current Federal Energy Efficiency Standards for Residential Water Heaters Product class Energy factor as of January 20, 2004 Gas-fired Water Heater EF = 0.67 − (0.0019 × Rated Storage Volume in gallons). Oil-fired Water Heater EF = 0.59 − (0.0019 × Rated Storage Volume in gallons). Electric Water Heater EF = 0.97 − (0.00132 × Rated Storage Volume in gallons). Tabletop Water Heater EF = 0.93 − (0.00132 × Rated Storage Volume in gallons). Instantaneous Gas-fired Water Heater EF = 0.62 − (0.0019 × Rated Storage Volume in gallons). Instantaneous Electric Water Heater EF = 0.93 − (0.00132 × Rated Storage Volume in gallons).

    On April 16, 2010, DOE published a final rule in the Federal Register amending the energy conservation standards for residential water heaters for a second time (hereinafter “April 2010 final rule”). 75 FR 20111. The updated standards maintained the existing product class structure, dividing water heaters based on the type of energy used (i.e., gas, oil, or electricity) and whether it is a storage, instantaneous, or tabletop model, but also differentiated standard levels for electric and gas-fired storage water heaters based on whether the rated storage volume is greater than 55 gallons, or less than or equal to 55 gallons. Compliance with the energy conservation standards contained in the April 2010 final rule will be required starting on April 16, 2015. Id.

    Table I.2 presents the amended Federal energy conservation standards for residential water heaters, which are also set forth in 10 CFR 430.32(d).

    Table I.2—Amended Federal Energy Conservation Standards for Residential Water Heaters Established by April 2010 Final Rule Product class Energy factor as of April 16, 2015 Gas-fired Water Heater For tanks with a Rated Storage Volume at or below 55 gallons: EF = 0.675 − (0.0015 × Rated Storage Volume in gallons). For tanks with a Rated Storage Volume above 55 gallons: EF = 0.8012 − (0.00078 × Rated Storage Volume in gallons). Oil-fired Water Heater EF = 0.68 − (0.0019 × Rated Storage Volume in gallons). Electric Water Heater For tanks with a Rated Storage Volume at or below 55 gallons: EF = 0.960 − (0.0003 × Rated Storage Volume in gallons). For tanks with a Rated Storage Volume above 55 gallons: EF = 2.057 − (0.00113 × Rated Storage Volume in gallons). Tabletop Water Heater EF = 0.93 − (0.00132 × Rated Storage Volume in gallons). Instantaneous Gas-Fired Water Heater EF = 0.82 − (0.0019 × Rated Storage Volume in gallons). Instantaneous Electric Water Heater EF = 0.93 − (0.00132 × Rated Storage Volume in gallons).

    On October 21, 2014, DOE published a Request for Information (RFI) in the Federal Register regarding test procedures and energy conservation standards for residential solar water heaters (hereinafter the “October 2014 RFI”). 79 FR 62891. Specifically, the October 2014 RFI requested comment on the following topics:

    1. Solar water heating technologies that utilize a secondary heating source that are currently available to the consumer.

    2. Design differences between water heaters that are designed to be part of a solar water heating system compared to those meant for typical residences without a solar water heating system.

    3. Heating rates and the amount of hot water that can be supplied by water heaters meant to serve as a secondary heat source for a solar collector compared to the heating rates and hot water supply capacity water heaters.

    4. The fractions of single tank and dual tank solar water heating systems, and whether the secondary water heaters used include design features that differ from conventional residential water heaters.

    5. The manufacturers of water heaters used in solar thermal installations, the market share of each manufacturer, and whether any of them are small businesses.

    6. The total annual shipments of the market for solar water heating systems that utilize secondary heat sources, the fractions of water heaters that are used to provide secondary water heating by rated volume, input capacity, and fuel type.

    7. Any other attributes of solar water heating tanks which distinguish them from conventional storage or instantaneous water heaters. 79 FR 62891, 62893-94 (Oct. 21, 2014).

    II. Summary of the Proposed Rule

    After considering the comments on the RFI and the characteristics and applications of hot water storage tanks used in solar thermal systems and having a backup gas, oil, or electric heat source, DOE has tentatively concluded that the analysis conducted for the April 2010 final rule did not adequately consider such applications and the accompanying backup tanks. Therefore, in this NOPR, DOE is proposing to add clarifying text to 10 CFR 430.32(d) indicating that the energy conservation standards for residential water heaters do not apply to water heaters meeting the new definitions of “solar-assisted fossil fuel storage water heater” and “solar-assisted electric storage water heater,” that are also proposed in this NOPR. (See section III.D of this NOPR for the proposed definitions.)

    III. General Discussion

    As stated in section I.B, compliance with an amended energy conservation standard for residential water heaters will be required beginning on April 16, 2015. 75 FR 20111. DOE has tentatively concluded that hot water storage tanks used in solar thermal systems that have a backup gas, oil, or electric heat source were not adequately considered in the analysis for the April 2010 rule. Therefore, DOE is undertaking this rulemaking to clarify the scope of DOE's existing energy conservation standards for residential water heaters.

    In response to the October 2014 RFI, DOE received 4 written comments from the following interested parties: American Council for an Energy-Efficient Economy (ACEEE),3 Air-Conditioning, Heating and Refrigeration Institute (AHRI), Rheem Manufacturing Company (Rheem) and Solar Energy Industries Association (SEIA).4 These comments are discussed further in the sections below as they relate to the specific issues discussed in this NOPR.

    3 ACEEE submitted a joint comment on behalf of ACEEE, Appliance Standards Awareness Project (ASAP), and Natural Resources Defense Council (NRDC), and this comment is referred to throughout this document as the “ACEEE joint comment.”

    4 SEIA submitted a joint comment on behalf of SEIA, International Association of Plumbing and Mechanical Officials (IAPMO) and Solar Rating and Certification Corporation (SRCC), and this comment is referred to throughout this document as the “SEIA joint comment.”

    Generally, the ACEEE joint comment recommended that DOE not consider a rulemaking to adopt a new minimum efficiency standard for residential solar-thermal water heaters because the extremely small sales volume of these products does not justify the effort to set a standard. The ACEEE joint comment argued that customers of these expensive systems would buy only from reputable manufacturers and installers and use either the ENERGY STAR brand or a high rating under the SRCC program to guide their purchasing decision. (ACEEE joint comment, No. 2 at p. 1-2) The ACEEE joint comment also recommended that DOE not consider a rulemaking to adopt a new test method for residential solar-thermal water heating systems because a widely accepted non-federal test method and rating program for solar water heaters built around OG-300 solar system ratings already exists. (ACEEE joint comment, No. 2 at p. 1) The SEIA joint comment recommended an exemption be established for backup water heaters which prioritize solar heating over the secondary heat source and that the volume heated by the secondary heat source be less than or equal to 55 gallons. (SEIA joint comment, No. 5 at p. 6) Similarly, Rheem commented that the residential water heater standard for conventional water heaters should not be applied to solar water heaters because they are different systems and not direct substitutes. (Rheem, No. 4 at p. 2)

    DOE generally agrees with these commenters' points and notes that the purpose of this NOPR is not to consider new energy conservation standards or test methods for solar water heating systems, but rather to clarify the scope of DOE's existing standards. Specifically, DOE is proposing amendments to clarify that DOE's standards for residential water heaters are not applicable to water heaters that are used as a backup heat source in solar thermal water heating systems.

    A. Product Classes

    When evaluating and establishing energy conservation standards, DOE divides covered products into product classes by the type of energy used or by capacity or other performance-related features that justify a different standard. In making a determination whether a performance-related feature justifies a different standard, DOE must consider such factors as the utility to the consumer of the feature and other factors DOE determines are appropriate. (42 U.S.C. 6295(q))

    Existing energy conservation standards divide residential water heaters into product classes based on primary energy source (i.e., gas, oil, or electricity), whether it is instantaneous or storage, and whether it is a “tabletop” model. Storage capacity and input rate are used to determine whether a water heater is characterized as storage or instantaneous. (42 U.S.C. 6291(27)) For example, an instantaneous water heater must contain no more than one gallon of water per 4,000 Btu per hour of input. (42 U.S.C. 6291(27)(B)). EPCA establishes the input-rate limitations for residential water heaters (42 U.S.C. 6291(27)), and DOE has further established limitations at 10 CFR 430.2 based on rated storage volume and the temperature to which the water can be delivered. Table III.1 shows the input and volume limitations that define the current range of water heaters subject to standards. In addition to the criteria listed in Table III.1, if a water heater is designed to heat water to a temperature of less than 180 °F, it is classified as residential, while any water heater that heats water to temperatures at or above 180 °F is classified as commercial. In the amended energy conservation standard established by the April 2010 final rule and effective April 16, 2015, rated storage volume is used to determine the applicable standard. Gas and electric water heaters with rated storage volumes above 55 gallons are subject to more stringent standards than smaller water heaters of the same fuel type. 10 CFR 430.32(d).

    Residential water heaters that use solar energy only are not covered by DOE regulations for residential water heaters since they do not utilize gas, oil, or electricity as required by the definition of a “water heater” under EPCA. (42 U.S.C. 6291(27)) However, residential water heaters that use solar energy but that are combined with storage tanks with secondary or backup energy sources that use electricity, gas, or oil are covered, provided that they meet all other requirements to be considered a “water heater”. This rule considers only solar-thermal tanks designed for residential use; therefore, the water heater must be described by the fuel type and volumes specified in Table I.2 and reiterated in Table III.1 and meet the input capacity limitations set forth in EPCA and shown below in Table III.1. (42 U.S.C. 6291(16))

    Table III.1—Residential Storage Water Heater Scope of Coverage Product class Rated storage volume Input
  • capacity
  • Gas-Fired Storage ≥20 gal and ≤100 gal ≤75 kBtu/h Oil-Fired Storage ≤50 gal ≤105 kBtu/h Electric Storage ≥20 gal and ≤120 gal ≤12 kW Tabletop ≥20 gal and ≤100 gal ≤12 kW
    B. Solar Water Heating Technologies 1. General Description

    Solar water heating systems that are the subject of this NOPR generally consist of a solar collector to capture heat from the sun and a storage tank that stores the potable water that has been heated by the solar collector for use on demand. These systems typically require a secondary heat source for times when solar energy is not sufficient to provide adequate hot water. In the October 2014 RFI, DOE requested comment on current solar water heating technology practices in the United States and, specifically, on solar water heating technologies that utilize a secondary heating source and are currently available to consumers. 79 FR 62891, 62893 (Oct. 21, 2014).

    Both Rheem's comment and the SEIA joint comment stated that all solar water heating systems sold in the U.S. today are paired with a conventional backup heating source (SEIA joint comment, No. 5 at p. 2, Rheem, No. 4 at p. 2). Furthermore, the SEIA joint comment specified that a single-tank electric/solar water heating system consists of a single tank which serves as both a solar storage tank and a conventional water heater (when adequate solar energy is unavailable). In these tanks, a 4.5 kW electric element is commonly located in the upper part of the tank, leaving one-half to two-thirds of the tank unheated by the electric element due to temperature stratification, which causes the heated water to remain mostly in the upper part of the tank. (SEIA joint comment, No. 5 at p. 2)

    2. Comments on the General Advantages of Solar Heating Systems

    In the October 2014 RFI, DOE requested comment on any other attributes of solar water heating systems that utilize secondary heating tanks, which distinguish them from conventional storage or instantaneous water heaters. 79 FR 62891, 62893 (Oct. 21, 2014).

    The SEIA joint comment stated that solar water heating systems offer advantages over conventional water heating equipment that are overlooked or not understood. For example, solar water heating systems provide lower peak load requirements (which can be beneficial to utility companies), are not sensitive to flow rates, and have lower maintenance requirements than instantaneous heating systems. (SEIA joint comment, No. 5 at p. 8) The commenters also noted that solar water heating systems have several advantages over heat pump water heaters, including better performance in cold climate, no air circulation considerations, and no special skills required to install and maintain. (SEIA joint comment, No. 5 at p. 9)

    3. Design and Heating Rate Differences

    In the October 2014 RFI, DOE specifically sought comment on the design differences between water heaters that are designed to be part of a solar water heating system compared to those meant for typical residences without a solar water heating system. DOE also requested comment on the heating rates and the amount of hot water that can be supplied by water heaters meant to serve as a secondary heat source for a solar collector compared to the heating rates and hot water supply capacity of other water heaters, and whether there are any other attributes of solar water heating systems that utilize secondary heating tanks that distinguish them from conventional storage or instantaneous water heaters. 79 FR 62891, 62893 (Oct. 21, 2014).

    AHRI's comment, Rheem's comment, and the SEIA joint comment stated that generally solar water heaters that use secondary heating tanks are fairly similar to conventional water heaters. (AHRI, No. 3 at p. 2, Rheem, No. 4 at p. 5)

    In noting the design differences between conventional water heaters and those used in solar-thermal water heating systems, AHRI, Rheem and the joint SEIA comment stated that there is a range of design differences in water heaters intended to be part of a solar thermal installation and those intended for a conventional installation. Water heaters intended for use in solar-thermal systems typically have two extra threaded ports as well as specifically designed controls. Other features may include special heat exchangers or additional backup heating elements. (AHRI, No. 3 at p. 1, Rheem, No. 4 at p. 3, SEIA joint comment, No. 5 at p. 4) On the other hand, the ACEEE joint commenters stated that they would be surprised to find many products specifically designed as auxiliary heat sources for solar thermal water heating systems, and that the only special features for a solar storage tank by itself would be a double-wall water-to-water heat exchanger for indirect systems employing non-potable antifreeze in the primary loop. (ACEEE joint comment, No. 2 at p. 2)

    Several commenters stated that solar water heaters are sized differently than conventional water heaters. The SEIA joint comment stated that the solar component of a typical 80 gallon solar/electric system can heat between 40 and 80 gallons depending on the level of solar radiation and the rate of use, where up to 40 gallons is heated by the electric element. (SEIA joint comment, No. 5 at p. 6)

    Rheem also stated that their 80 and 120 gallon storage water heaters can provide up to 40 gallons of backup element water heating capacity regardless of the tank volume. (Rheem, No. 4 at p. 3) AHRI's comment and the SEIA joint comment stated that the performance characteristics of solar water heaters can be less than a standard water heater. (AHRI, No. 3 at p. 2, SEIA joint comment, No. 5 at p. 6)

    Another design difference that was noted by commenters centered around the location and number of the plumbing connections on the storage tank that are used in solar thermal systems. Rheem commented that the cold water inlet connections on solar water heating storage tanks are located at the bottom to prevent mixing with heated water as compared to the cold water inlet being typically located at the top of a traditional storage tank. (Rheem, No. 4 at p. 4) Rheem also commented that the features of its solar storage water heater increase the manufacturing complexity and cost of the heaters, and therefore it is not anticipated that the heaters would be substituted for a standard water heater in an installation without a solar collector. (Rheem, No. 4 at p. 5)

    DOE considered all of the above comments when developing its tentative conclusions regarding solar-assisted electric storage water heaters and solar-assisted fossil fuel storage water heaters (see section III.D).

    C. Solar Water Heating Markets

    DOE has conducted preliminary research to investigate the solar water heating equipment market. Based on a report by the National Renewable Energy Laboratory (NREL), DOE distinguished between two distinct periods of solar water heater installations. From 1985 to 2005, when there were no tax incentives for solar water heaters, the number of installations ranged from approximately 5,000 to 10,000 annually. Federal and State tax incentives were instituted in 2006. Between 2006 and 2010, there were between approximately 18,000 and 33,500 solar thermal water heater systems installed annually in the U.S.

    In the October 2014 RFI, DOE requested comments on various topics related to the market for solar water heating systems. Specifically, DOE requested information on the fractions of single tank and dual tank solar water heating systems. DOE also sought comments on the manufacturers of water heaters used in solar thermal installations, as well as the market share of each manufacturer, and whether any of them are small businesses. Lastly, DOE sought input regarding the total annual shipments of solar water heating systems that utilize secondary heat sources, the fractions of water heaters that are used to provide secondary water heating by rated volume, input capacity, and fuel type. 79 FR 62891, 62893 (Oct. 21, 2014).

    The SEIA joint comment stated that dual tank systems are normally only used when the end use is heating water with natural gas, propane, or fuel oil, and that most dual tank systems are located in areas with strong financial incentives. (SEIA joint comment, No. 5 at p. 6) The following market distribution of systems is currently certified by the SRCC: 43 percent of systems are dual tank, 45 percent are single tank, and 12 percent are tankless. (SEIA joint comment, No. 5 at p. 6 n.13) For dual tank systems, the distribution by fuel type certified by the SRCC is as follows: 54 percent use natural gas as backup, 45 percent use electricity, and 1 percent use oil. (SEIA joint comment, No. 5 at p. 7) Regarding the number of units actually installed, the SEIA joint comment estimated that the ratio of single tank to dual tank systems installed is 4 to 1. (SEIA joint comment, No. 5 at p. 7)

    Rheem commented that it sells solar thermal systems with a single storage tank. Rheem noted that some installers have the opportunity to install multiple small tanks or combinations of tanks to store heat collected when sunlight is available, and that specific designs are based on the hot water requirement of the dwelling and the solar capacity available from the collectors. (Rheem, No. 4 at p. 3)

    The SEIA joint comment provided the market share of water heater manufacturers for the entire market as follows: A.O. Smith represents about half of the total U.S. market for water heaters (50 percent), Rheem approximately one third (33 percent), and Bradford White holds about 13 percent market share; the remaining 4 percent is comprised of other brands. (SEIA joint comment, No. 5 at p. 7) Rheem stated that solar thermal water heating systems are a low sales volume product for Rheem, and that it is a major manufacturer of storage water heaters. (Rheem, No. 4 at p. 3)

    Regarding annual shipments of solar water heating systems, the SEIA joint comment stated that in 2013, 2,200 solar water heating systems using 80 or 120 gallon tanks received a rebate for installation in Hawaii (excluding Kauai County). In addition, solar water heating systems installed on new single-family home construction with tanks in the 65 to 120 gallon range can be estimated at 1,500 per year. (SEIA joint comment, No. 5 at p. 7) Based on a report from International Energy Agency Solar Heating and Cooling Programme, the SEIA joint comment estimates that 22,500 new solar domestic water heating systems are being installed in the U.S. annually. (SEIA joint comment, No. 5 at p. 8) Rheem commented that its annual sales of thermal storage water heaters is less than one day of production of conventional storage water heaters. (Rheem, No. 4 at p. 3)

    D. Conclusions

    DOE has considered the comments discussed in sections III.B and III.C and has tentatively determined that solar-assisted electric storage water heaters and solar-assisted fossil fuel storage water heaters are distinguishable from other categories of storage water heaters. Even though solar-assisted water heaters use electricity or fossil fuel to heat water without the use of solar thermal panels, DOE notes that the heating capacity of the tank with a comparable rated storage volume is reduced based on the design difference of the heating element or the fossil fuel burner. The plumbing configuration of the tank is also different in order for the storage tank to utilize the solar heated water in an optimized manner. DOE further notes that purchasers of these solar-assisted water heating systems may not be considering the economic criteria of the storage water heater tank alone, given that a significant portion of the installed cost of these systems is attributable to the solar thermal portion of the system and that a substantial portion of the water heating load may be provided by solar energy, as opposed to marketed fuels such as electricity, gas, or oil. These purchasers, therefore, may place an added value on owning a “green” system, which could provide different economic and performance benefits to these consumers when compared to an electric or fossil fuel storage water heater. For these reasons, DOE has determined that the minimum efficiency standard levels promulgated in the April 16, 2010 final rule do not apply to these categories of water heaters.

    In order to clarify the applicability of DOE's regulations to solar-assisted water heaters, DOE proposes to define the terms “solar-assisted electric storage water heater” and “solar-assisted fossil fuel storage water heater” at 10 CFR 430.2 and clarify that products meeting these definitions are not subject to DOE's current or amended standards for residential water heaters at 10 CFR 430.32(d). In addition to the data and comments received in response to the request for information, DOE also used the certified ratings from DOE's Compliance Certification Data base, as of February 2015, to gather information such as average first hour ratings for basic models being distributed in commerce for various storage volumes.5 More specifically, DOE used the average first hour rating of the electric storage water heaters with a rated storage volume of 50 gallons, the average first hour rating of the gas-fired storage water heaters with a rated storage volume of 40 gallons, and the average first hour rating of the oil storage water heaters with a rated storage volume of 32 gallons to develop parts of the definitions below.

    5 See http://www.regulations.doe.gov/certification-data/CCMS-79222842113.html for additional information and access to the data that DOE analyzed.

    Based on the comments discussed in section II.B, DOE proposes to define a solar-assisted electric storage water heater as a product that utilizes electricity to heat potable water for use outside the heater upon demand and—

    (A) stores water at a thermostatically controlled temperature with an input of 12 kilowatts or less;

    (B) has at least two threaded ports in addition to those used for introduction and delivery of potable water for the supply and return of water or a heat transfer fluid heated externally by solar panels;

    (C) does not have electric resistance heating elements located in the lower half of the storage tank;

    (D) has the temperature sensing device that controls the auxiliary electric heat source located in the upper half of the storage tank; and

    (E) has a certified first hour rating less than 63 gallons.

    Similarly, DOE proposes to define a solar-assisted fossil fuel storage water heater at 10 CFR 430.2 as a product that utilizes oil or gas to heat potable water for use outside the heater upon demand and—

    (A) stores water at a thermostatically controlled temperature, including gas storage water heaters with an input of 75,000 Btu per hour or less and oil storage water heaters with an input of 105,000 Btu per hour or less;

    (B) has at least two threaded ports in addition to those used for introduction and delivery of potable water for the supply and return of water or a heat transfer fluid heated externally by solar panels;

    (C) has the burner located in the upper half of the storage tank;

    (D) has the temperature sensing device that controls the auxiliary gas or oil heat source located in the upper half of the storage tank; and

    (E) has a certified first hour rating less than 69 gallons for gas storage water heaters and has a certified first hour rating less than 128 gallons for oil storage water heaters.

    DOE is specifically seeking comment on one element of its proposed definition of solar-assisted fossil fuel storage water heaters that would limit solar-assisted water heaters to only those with the burner located in the upper half of the storage tank. DOE is aware of solar backup water heaters that have burners located in the upper portion of the tank but acknowledges that there are others that have burners located at the bottom of the water heater. The Department is concerned that water heaters with burners located at the bottom of the tank can be used as a household's main water heater without solar backup and should, therefore, be treated in the same manner as conventional water heaters with regards to standards. Thus, DOE seeks comment on the merits of this proposal.

    DOE also requests comment on other ways to define solar-assisted water heaters, including both definitional criteria not listed in the proposed definitions above and any performance-based criteria that might involve tests to determine whether the definition is met.

    Although water heaters meeting the definition of “solar-assisted electric storage water heater” or “solar-assisted fossil fuel storage water heater” remain covered products as water heaters, DOE proposes to clarify at 10 CFR 430.32(d) that these water heaters are not subject to the energy conservation standards currently specified in 10 CFR 430.32(d). DOE also proposes to clarify that the test methods described in 10 CFR 430.23(e) are applicable to solar-assisted water heaters for purposes of representing their performance when described as a stand-alone item (i.e., the backup tank portion only). When these water heaters are presented as part of a complete solar system that includes solar panels and any auxiliary equipment to move heat from the panels to the storage water heater, DOE believes that metrics commonly used by industry such as the Solar Energy Factor and Solar Fraction are most appropriate for representing the performance of the entire system. DOE seeks comment on the applicability of the uniform test method for measuring the energy consumption of water heaters to solar-assisted electric and fossil fuel storage water heaters.

    IV. Procedural Issues and Regulatory Review A. Review Under Executive Orders 12866 and 13563

    Section 1(b)(1) of Executive Order 12866, “Regulatory Planning and Review,” 58 FR 51735 (Oct. 4, 1993), requires each agency to identify the problem that it intends to address, including, where applicable, the failures of private markets or public institutions that warrant new agency action, as well as to assess the significance of that problem. The problems that the proposed standards address are as follows:

    (1) Insufficient information and the high costs of gathering and analyzing relevant information leads some consumers to miss opportunities to make cost-effective investments in energy efficiency.

    (2) In some cases the benefits of more efficient equipment are not realized due to misaligned incentives between purchasers and users. An example of such a case is when the equipment purchase decision is made by a building contractor or building owner who does not pay the energy costs.

    (3) There are external benefits resulting from improved energy efficiency of appliances that are not captured by the users of such equipment. These benefits include externalities related to public health, environmental protection, and national security that are not reflected in energy prices, such as reduced emissions of air pollutants and greenhouse gases that impact human health and global warming.

    In addition, this regulatory action is not an “economically significant regulatory action” under section 3(f)(1) of Executive Order 12866. Accordingly, DOE is not required under section 6(a)(3) of the Executive Order to prepare a regulatory impact analysis (RIA) on this rule and the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) is not required to review this rule.

    DOE has also reviewed this regulation pursuant to Executive Order 13563. 76 FR 3281 (Jan. 21, 2011). Executive Order 13563 is supplemental to and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, agencies are required by Executive Order 13563 to: (1) Propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs (recognizing that some benefits and costs are difficult to quantify); (2) tailor regulations to impose the least burden on society, consistent with obtaining regulatory objectives, taking into account, among other things, and to the extent practicable, the costs of cumulative regulations; (3) select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity); (4) to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt; and (5) identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be made by the public.

    DOE emphasizes as well that Executive Order 13563 requires agencies to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible. In its guidance, the Office of Information and Regulatory Affairs has emphasized that such techniques may include identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes. For the reasons stated in the preamble, DOE believes that this NOPR is consistent with these principles, including the requirement that, to the extent permitted by law, benefits justify costs and that net benefits are maximized.

    B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires preparation of an initial regulatory flexibility analysis (IRFA) for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking,” 67 FR 53461 (August 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process. 68 FR 7990. DOE has made its procedures and policies available on the Office of the General Counsel's Web site (http://energy.gov/gc/office-general-counsel).

    For manufacturers of residential water heaters, the Small Business Administration (SBA) has set a size threshold, which defines those entities classified as “small businesses” for the purposes of the statute. DOE used the SBA's small business size standards to determine whether any small entities would be subject to the requirements of the rule. 65 FR 30836, 30848 (May 15, 2000), as amended at 65 FR 53533, 53544 (Sept. 5, 2000) and codified at 13 CFR part 121.The size standards are listed by North American Industry Classification System (NAICS) code and industry description and are available at http://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf. Residential water heater manufacturing is classified under NAICS 335228, “Other Major Household Appliance Manufacturing.” The SBA sets a threshold of 500 employees or less for an entity to be considered as a small business for this category.

    To estimate the number of companies that could be small business manufacturers of solar-assisted water heaters covered by this rulemaking, DOE constructed a list of residential water heater manufacturers by conducting a market survey using publicly available information. DOE's research involved industry trade association membership directories (including AHRI), information from previous rulemakings, individual company Web sites, SBA's database, and market research tools (e.g., Hoover's reports). DOE used the Solar Rating and Certification Corporation's certification database as well as individual company Web sites to determine which residential water heater manufacturers identified offer solar-assisted products and would potentially be impacted by this proposed rule. DOE screened out companies that do not offer products covered by this rulemaking, do not meet the definition of a “small business,” or are completely foreign owned and operated.

    DOE initially identified eight manufacturers of solar-assisted water heaters sold in the United States. After reviewing publicly available information on these potential residential water heater manufacturers, DOE determined that five were either large manufacturers or manufacturers that were completely foreign owned and operated. Based on these efforts, DOE estimated that there are three small business manufacturers of water heaters that meet the definition of solar-assisted electric storage water heater or solar-assisted fossil fuel water heater, as proposed in this NOPR.

    DOE is not proposing any amended standards for residential water heater manufacturers in this NOPR. Rather, the Department proposes to define solar-assisted electric storage water heaters and solar-assisted fossil fuel-fired storage water heaters, and to clarify that current residential water heater standards do not apply to such products. As a result, DOE certifies that this NOPR will not have a significant economic impact on a substantial number of small entities and therefore, has not prepared an IRFA. DOE will transmit this certification to the Chief Counsel for Advocacy of the Small Business Administration (SBA) for review under 5 U.S.C 605(b).

    A statement of the objectives of, and reasons and legal basis for, the proposed rule are set forth elsewhere in the preamble and not repeated here.

    C. Review Under the Paperwork Reduction Act

    Manufacturers of residential water heaters must certify to DOE that their products comply with any applicable energy conservation standards. In certifying compliance, manufacturers must test their products according to the DOE test procedures for residential water heaters, including any amendments adopted for those test procedures. DOE has established regulations for the certification and recordkeeping requirements for all covered consumer products and commercial equipment, including residential water heaters. 76 FR 12422 (March 7, 2011). The collection-of-information requirement for the certification and recordkeeping is subject to review and approval by OMB under the Paperwork Reduction Act (PRA). This requirement has been approved by OMB under OMB control number 1910-1400. Public reporting burden for the certification is estimated to average 30 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

    Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number.

    This proposal clarifies the applicability of the amended energy conservation standards to solar-assisted water heaters and thus, also clarifies the certification requirements. If the proposal is finalized as proposed, those water heaters meeting the definition of solar-assisted in DOE's regulations would not have to be certified with the Department because they would not be subject to standards.

    D. Review Under the National Environmental Policy Act of 1969

    Pursuant to the National Environmental Policy Act (NEPA) of 1969, DOE has determined that the proposed rule fits within the category of actions included in Categorical Exclusion (CX) B5.1 and otherwise meets the requirements for application of a CX. See 10 CFR part 1021, App. B, B5.1(b); 1021.410(b) and Appendix B, B(1)-(5). The proposed rule fits within the category of actions because it is a rulemaking that clarifies the applicability of energy conservation standards for consumer products, and for which none of the exceptions identified in CX B5.1(b) apply. Therefore, DOE has made a CX determination for this rulemaking, and DOE does not need to prepare an Environmental Assessment or Environmental Impact Statement for this proposed rule. DOE's CX determination for this proposed rule is available at http://cxnepa.energy.gov/.

    E. Review Under Executive Order 13132

    Executive Order 13132, “Federalism.” 64 FR 43255 (Aug. 10, 1999) imposes certain requirements on Federal agencies formulating and implementing policies or regulations that preempt State law or that have Federalism implications. The Executive Order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. The Executive Order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have Federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations. 65 FR 13735. EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the products that are the subject of this proposed rule. States can petition DOE for exemption from such preemption to the extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297) No further action is required by Executive Order 13132.

    F. Review Under Executive Order 12988

    With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform,” imposes on Federal agencies the general duty to adhere to the following requirements: (1) Eliminate drafting errors and ambiguity; (2) write regulations to minimize litigation; and (3) provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. 61 FR 4729 (Feb. 7, 1996). Section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation: (1) Clearly specifies the preemptive effect, if any; (2) clearly specifies any effect on existing Federal law or regulation; (3) provides a clear legal standard for affected conduct while promoting simplification and burden reduction; (4) specifies the retroactive effect, if any; (5) adequately defines key terms; and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this proposed rule meets the relevant standards of Executive Order 12988.

    G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). For a proposed regulatory action likely to result in a rule that may cause 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 (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed “significant intergovernmental mandate,” and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect small governments. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR 12820. DOE's policy statement is also available at http://energy.gov/gc/office-general-counsel.

    This proposed rule does not contain a Federal intergovernmental mandate, and will not require expenditures of $100 million or more on the private sector. Accordingly, no further action is required under the UMRA.

    H. Review Under the Treasury and General Government Appropriations Act, 1999

    Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This rule would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment.

    I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights” 53 FR 8859 (Mar. 18, 1988), that this regulation would not result in any takings that might require compensation under the Fifth Amendment to the U.S. Constitution.

    J. Review Under the Treasury and General Government Appropriations Act, 2001

    Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has reviewed this NOPR under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines.

    K. Review Under Executive Order 13211

    Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to OIRA at OMB, a Statement of Energy Effects for any proposed significant energy action. A “significant energy action” is defined as any action by an agency that promulgates or is expected to lead to promulgation of a final rule, and that: (1) Is a significant regulatory action under Executive Order 12866, or any successor order; and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy, or (3) is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use.

    DOE has tentatively concluded that this regulatory action, which clarifies applicability of the energy conservation standards for residential water heaters, is not a significant energy action because the proposed clarifications are not likely to have a significant adverse effect on the supply, distribution, or use of energy, nor has it been designated as such by the Administrator at OIRA. Accordingly, DOE has not prepared a Statement of Energy Effects on the proposed rule.

    L. Review Under the Information Quality Bulletin for Peer Review

    On December 16, 2004, OMB, in consultation with the Office of Science and Technology Policy (OSTP), issued its Final Information Quality Bulletin for Peer Review (the Bulletin). 70 FR 2664 (Jan. 14, 2005). The Bulletin establishes that certain scientific information shall be peer reviewed by qualified specialists before it is disseminated by the Federal Government, including influential scientific information related to agency regulatory actions. The purpose of the bulletin is to enhance the quality and credibility of the Government's scientific information. Under the Bulletin, the energy conservation standards rulemaking analyses are “influential scientific information,” which the Bulletin defines as scientific information the agency reasonably can determine will have, or does have, a clear and substantial impact on important public policies or private sector decisions. 70 FR 2667.

    In response to OMB's Bulletin, DOE conducted formal in-progress peer reviews of the energy conservation standards development process and analyses and has prepared a Peer Review Report pertaining to the energy conservation standards rulemaking analyses. Generation of this report involved a rigorous, formal, and documented evaluation using objective criteria and qualified and independent reviewers to make a judgment as to the technical/scientific/business merit, the actual or anticipated results, and the productivity and management effectiveness of programs and/or projects. The “Energy Conservation Standards Rulemaking Peer Review Report” dated February 2007 has been disseminated and is available at the following Web site: www1.eere.energy.gov/buildings/appliance_standards/peer_review.html.

    V. Public Participation

    DOE welcomes all interested parties to submit in writing by May 8, 2015 comments, data, and other information on matters addressed in this proposal and on other matters relevant to consideration of definitions for residential water heaters.

    After the closing of the comment period, DOE will consider all timely-submitted comments and additional information obtained from interested parties, as well as information obtained through further analyses. Afterward, DOE will publish either supplemental notice of proposed rulemaking or a final rule amending these definitions and clarifying the applicability of standards. The final rule would include definitions for the products covered by the rulemaking.

    A. Submission of Comments

    DOE will accept comments, data, and information regarding this proposed rule no later than the date provided in the DATES section at the beginning of this proposed rule. Interested parties may submit comments, data, and other information using any of the methods described in the ADDRESSES section at the beginning of this notice.

    Submitting comments via regulations.gov. The regulations.gov Web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment.

    However, your contact information will be publicly viewable if you include it in the comment itself or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Otherwise, persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments.

    Do not submit to regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (CBI)). Comments submitted through regulations.gov cannot be claimed as CBI. Comments received through the Web site will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section below.

    DOE processes submissions made through regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that regulations.gov provides after you have successfully uploaded your comment.

    Submitting comments via email, hand delivery/courier, or mail. Comments and documents submitted via email, hand delivery, or mail also will be posted to regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information in a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments

    Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via mail or hand delivery/courier, please provide all items on a CD, if feasible. It is not necessary to submit printed copies. No facsimiles (faxes) will be accepted.

    Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, that are written in English, and that are free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author.

    Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters' names compiled into one or more PDFs. This reduces comment processing and posting time.

    Confidential Business Information. According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email, postal mail, or hand delivery/courier two well-marked copies: one copy of the document marked confidential including all the information believed to be confidential, and one copy of the document marked non-confidential with the information believed to be confidential deleted. Submit these documents via email or on a CD, if feasible. DOE will make its own determination about the confidential status of the information and treat it according to its determination.

    Factors of interest to DOE when evaluating requests to treat submitted information as confidential include: (1) A description of the items; (2) whether and why such items are customarily treated as confidential within the industry; (3) whether the information is generally known by or available from other sources; (4) whether the information has previously been made available to others without obligation concerning its confidentiality; (5) an explanation of the competitive injury to the submitting person which would result from public disclosure; (6) when such information might lose its confidential character due to the passage of time; and (7) why disclosure of the information would be contrary to the public interest.

    It is DOE's policy that all comments be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure).

    B. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE is particularly interested in receiving comments and views of interested parties concerning the following issues:

    1. Are the criteria proposed to define solar-assisted water heaters sufficient to describe these types of water heaters?

    2. Are there alternative ways to define solar-assisted water heaters including additional prescriptive design criteria or performance-based criteria that might involve tests to determine whether the definition is met?

    3. Should a criterion be added to the definition of solar-assisted fossil fuel-fired water heaters that requires the burner to be located in the upper half of the tank?

    4. Is the uniform test method for measuring the energy consumption of water heaters appropriate for representing the performance of solar-assisted electric and fossil fuel-fired storage water heaters?

    VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this proposed rule.

    List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business information, Energy conservation, Household appliances, Imports, Intergovernmental relations, and Small businesses.

    Issued in Washington, DC, on March 25, 2015. Roland Risser, Acting Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy.

    For the reasons set forth in the preamble, DOE proposes to amend part 430 of chapter II, subchapter D, of title 10 of the Code of Federal Regulations, as set forth below:

    PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS 1. The authority citation for Part 430 continues to read as follows: Authority:

    42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

    2. Section 430.2 is amended by adding the definitions of “solar-assisted electric storage water heater” and “solar-assisted fossil fuel storage water heater” in alphabetical order to read as follows:
    § 430.2 Definitions. Solar-assisted electric storage water heater means a product that utilizes electricity to heat potable water for use outside the heater upon demand and—

    (1) stores water at a thermostatically controlled temperature with an input of 12 kilowatts or less;

    (2) has at least two threaded ports in addition to those used for introduction and delivery of potable water for the supply and return of water or a heat transfer fluid heated externally by solar panels;

    (3) does not have electric resistance heating elements located in the lower half of the storage tank;

    (4) has the temperature sensing device that controls the auxiliary electric heat source located in the upper half of the storage tank;

    (5) has a certified first hour rating less than 63 gallons.

    Solar-assisted fossil fuel storage water heater means a product that utilizes oil or gas to heat potable water for use outside the heater upon demand and—

    (1) stores water at a thermostatically controlled temperature, including gas storage water heaters with an input of 75,000 Btu per hour or less and oil storage water heaters with an input of 105,000 Btu per hour or less;

    (2) has at least two threaded ports in addition to those used for introduction and delivery of potable water for the supply and return of water or a heat transfer fluid heated externally by solar panels;

    (3) has the burner located in the upper half of the storage tank;

    (4) has the temperature sensing device that controls the auxiliary heat source located in the upper half of the storage tank; and

    (5) has a certified first hour rating less than 69 gallons for gas storage water heaters and has a certified first hour rating less than 128 gallons for oil storage water heaters.

    3. Section 430.32 is amended by revising paragraph (d) to read as follows:
    § 430.32 Energy and water conservation standards and their compliance dates.

    (d) Water heaters. (1) The energy factor of water heaters shall not be less than the following for products manufactured on or after the indicated dates.

    Product class Storage volume Energy factor as of January 20, 2004 Energy factor as of April 16, 2015 Gas-fired Storage Water Heater ≥20 gallons and ≤100 gallons 0.67 − (0.0019 × Rated Storage Volume in gallons) For tanks with a Rated Storage Volume at or below 55 gallons: EF = 0.675 − (0.0015 × Rated Storage Volume in gallons). For tanks with a Rated Storage Volume above 55 gallons: EF = 0.8012 − (0.00078 × Rated Storage Volume in gallons). Oil-fired Storage Water Heater ≤50 gallons 0.59 − (0.0019 × Rated Storage Volume in gallons) EF = 0.68 − (0.0019 × Rated Storage Volume in gallons). Electric Storage Water Heater ≥20 gallons and ≤120 gallons 0.97 − (0.00132 × Rated Storage Volume in gallons) For tanks with a Rated Storage Volume at or below 55 gallons: EF = 0.960 − (0.0003 × Rated Storage Volume in gallons). For tanks with a Rated Storage Volume above 55 gallons: EF = 2.057 − (0.00113 × Rated Storage Volume in gallons). Tabletop Water Heater ≥20 gallons and ≤120 gallons 0.93 − (0.00132 × Rated Storage Volume in gallons) EF = 0.93 − (0.00132 × Rated Storage Volume in gallons). Instantaneous Gas-fired Water Heater <2 gallons 0.62 − (0.0019 × Rated Storage Volume in gallons) EF = 0.82 − (0.0019 × Rated Storage Volume in gallons). Instantaneous Electric Water Heater <2 gallons 0.93 − (0.00132 × Rated Storage Volume in gallons) EF = 0.93 − (0.00132 × Rated Storage Volume in gallons). NOTE: The Rated Storage Volume equals the water storage capacity of a water heater, in gallons, as certified by the manufacturer.

    (2) Exclusions: The energy conservation standards shown in paragraph (1) of this section do not apply to the following types of water heaters:

    (i) gas-fired, oil-fired, and electric water heaters at or above 2 gallons storage volume and below 20 gallons storage volume;

    (ii) gas-fired water heaters above 100 gallons storage volume;

    (iii) oil-fired water heaters above 50 gallons storage volume;

    (iv) electric water heaters above 120 gallons storage volume;

    (v) gas-fired instantaneous water heaters at or below 50,000 Btu/h;

    (vi) solar-assisted electric storage water heaters; and

    (vii) solar-assisted fossil fuel storage water heaters.

    [FR Doc. 2015-07956 Filed 4-7-15; 8:45 am] BILLING CODE 6450-01-P
    CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1610 [Docket No. CPSC-2015-0007] Petition Requesting Rulemaking To Amend the Standard for the Flammability of Clothing Textiles AGENCY:

    Consumer Product Safety Commission.

    ACTION:

    Notice of Petition for Rulemaking.

    SUMMARY:

    The Consumer Product Safety Commission (CPSC or Commission) has received a petition requesting amendments to the test procedure in the Standard for the Flammability of Clothing Textiles, 16 CFR part 1610. Petitioner requests changes in the requirements for preparation of clothing textiles for flammability testing. The Commission invites comments concerning the petition.

    DATES:

    The Office of the Secretary must receive comments on the petition by June 8, 2015.

    ADDRESSES:

    You may submit comments, identified by Docket No. CPSC-2015-0007, by any of the following methods:

    Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: http://www.regulations.gov. Follow the instructions for submitting comments. The Commission does not accept comments submitted by electronic mail (email), except through www.regulations.gov. The Commission encourages you to submit electronic comments by using the Federal eRulemaking Portal, as described above.

    Written Submissions: Submit written submissions by mail/hand delivery/courier to: Office of the Secretary, Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-7923.

    Instructions: All submissions received must include the agency name and docket number for this notice. All comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to: http://www.regulations.gov. Do not submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If furnished at all, such information should be submitted in writing.

    Docket: For access to the docket to read background documents or comments received, go to: http://www.regulations.gov, insert the docket number, [ ], into the “Search” box, and follow the prompts.

    FOR FURTHER INFORMATION CONTACT:

    Rocky Hammond, Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD, 20814; telephone (301) 504-6833, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    On February 4, 2015, CPSC's Office of the Secretary received a petition to the Commission to initiate rulemaking to amend the test procedure in 16 CFR part 1610, Standard for the Flammability of Clothing Textiles (the Standard). Petitioner, the International Association of Users of Artificial and Synthetic Filament Yarns and of Natural Silk, asserts that the pre-test conditioning requirements for textile samples set forth in 16 CFR 1610.6(a)(2)(iv) (for plain surface textile fabrics) and 1610.6(a)(3)(v) (for raised surface textile fabrics) are inappropriate and unrealistic for silk fabrics. The Standard requires that textile specimens be prepared for testing by treating them in an oven at 105° C (221 °F) for 30 minutes, then placing them in a desiccator to cool. See 16 CFR 1610.6(a)(2)(iv); 1610.6(a)(3)(v). Petitioner contends this process removes all moisture from silk fabric samples, resulting in unrealistic measures of textile flammability. Petitioner asks that the Standard be changed to require that all clothing textile samples, including silk, be conditioned at a lower temperature and at a higher level of humidity.

    Proposed Changes in Testing. Petitioner asks the Commission to adopt changes that would require all clothing textiles to be conditioned before flammability testing under the temperature and humidity conditions set forth in ASTM D1776-04, Standard Practice for Conditioning and Testing Textiles. This standard specifies that general textiles should be conditioned at a temperature of 21° ± 1° C (70° ± 2 ° F) and at a relative humidity of 65 ± 2% for at least 24 hours prior to testing. Petitioner contends flammability testing of silk fabrics would be more realistic and more meaningful if testing were conducted using these conditioning requirements. The proposed changes in pre-test conditioning would apply to all clothing textiles.

    Reasons for Proposed Testing Changes. Petitioner asserts that the Standard's conditioning requirements subject silk fabric samples to “extreme conditions not found in reality” and are not based on any scientific reason. Petitioner claims its test results show that flammability testing outcomes for silk fabrics vary dramatically, depending on the conditioning standard used. Petitioner also asserts that the Standard's conditioning requirements are inconsistent with all national and international textile testing standards of which Petitioner is aware, including textile testing standards promulgated by the International Organization for Standardization (ISO) and ASTM International (ASTM). The two alternative standards specifically cited by Petitioner, ASTM D1776-04 and ISO 139, Textiles—Standard atmospheres for conditioning and testing, require conditioning of fabrics at lower temperatures and at higher levels of humidity than the Standard.

    Proposed Commission Action. Petitioner requests the Commission implement the pre-test conditioning standards of ASTM D1776 by amending 16 CFR 1610.6(a)(2)(iv) (conditioning of plain surface textile fabrics) and 1610.6(a)(3)(v) (conditioning of raised surface textile fabrics) to include the conditioning standards of ASTM D1776-04 for all clothing textiles, including silk. These revisions also would include a requirement that conditioned samples be sealed in a tight container and that testing be initiated within one minute of opening of the container. Petitioner also requests that the Commission amend 16 CFR 1610.6(b) (refurbishing and testing after refurbishing) by adding a new subsection 1610.6(b)(4) to apply ASTM D1776-04 conditioning standards to flammability testing of refurbished (i.e., laundered or dry cleaned) textiles.

    By this notice, the Commission seeks comments concerning this petition. Interested parties may obtain a copy of the petition by writing or calling the Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-6833. The petition is also available at http://www.regulations.gov under Docket No. CPSC-2015-0007, Supporting and Related Materials.

    Alberta E. Mills, Acting Secretary, Consumer Product Safety Commission.
    [FR Doc. 2015-07907 Filed 4-7-15; 8:45 am] BILLING CODE 6355-01-P
    DEPARTMENT OF TRANSPORTATION Federal Transit Administration 49 CFR Part 611 [Docket No. FTA-2015-0007] RIN 2132-ZA03 Notice of Availability of Proposed Interim Policy Guidance for the Capital Investment Grant Program AGENCY:

    Federal Transit Administration (FTA), DOT.

    ACTION:

    Notice of availability of proposed interim policy guidance; request for comments.

    SUMMARY:

    The Federal Transit Administration (FTA) invites public comment on interim policy guidance the agency is proposing for the Capital Investment Grant (CIG) program. The proposed interim guidance has been placed in the docket and posted on the FTA Web site. If adopted, this proposed interim policy guidance will complement FTA's regulations that govern the CIG program by providing a deeper level of detail about the methods for applying the project justification and local financial commitment criteria for rating and evaluating New Starts, Small Starts, and Core Capacity Improvement projects, and the procedures for getting through the steps in the process required by law.

    DATES:

    Comments must be received on or before May 8, 2015. Any comments received beyond this deadline will be considered to the extent practicable.

    ADDRESSES:

    You may submit comments to DOT docket number FTA-2015-0007 by any of the following methods:

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

    U.S. Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Room W12-140, Washington, DC 20590-0001.

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

    Fax: 202-493-2251.

    Instructions: You must include the agency name (Federal Transit Administration) and docket number (FTA-2015-0007) for this notice at the beginning of your comments. You must submit two copies of your comments if you submit them by mail. If you wish to receive confirmation FTA received your comments, you must include a self-addressed, stamped postcard. Due to security procedures in effect since October 2001, mail received through the U.S. Postal Service may be subject to delays. Parties submitting comments may wish to consider using an express mail firm to ensure prompt filing of any submissions not filed electronically or by hand.

    All comments received will be posted, without charge and including any personal information provided, to http://www.regulations.gov, where they will be available to internet users. You may review DOT's complete Privacy Act Statement published in the Federal Register on April 11, 2000, at 65 FR 19477. For access to the docket and to read background documents and comments received, go to http://regulations.gov at any time or to the U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Management Facility, West Building Ground Floor, Room W12-140, Washington, DC 20590 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    Elizabeth Day, FTA Office of Planning and Environment, telephone (202) 366-5159 or [email protected]

    SUPPLEMENTARY INFORMATION:

    Pursuant to 49 U.S.C. 5309(g)(5), FTA is obliged to publish policy guidance on the review and evaluation process and criteria for projects eligible for Federal funding under the CIG program each time the agency makes significant changes to the process and criteria, and in any event, at least once every two years. Also, FTA is obliged to invite public comment on the guidance, and to publish its response to comments. In brief, the policy guidance that FTA periodically issues for the discretionary Capital Investment Grant (“CIG”) program complements the FTA regulations that govern the CIG program, codified at 49 CFR part 611. The regulations set forth the process that grant applicants must follow to be considered eligible for discretionary funding under the CIG program, and the procedures and criteria FTA uses to rate and evaluate the projects eligible for that discretionary funding. The policy guidance provides a greater level of detail about the methods FTA uses to apply the criteria for both project justification and local financial commitment, and the sequential steps a sponsor must follow in developing a project.

    The interim policy guidance FTA is proposing today is available in its entirety on the agency's public Web site at http://www.fta.dot.gov, and in the docket at http://www.regulations.gov. It is approximately 100 typewritten pages in length, arranged in three stand-alone chapters for each of the three types of projects eligible for CIG funds: New Starts, Small Starts, and Core Capacity Improvements. Each chapter provides a short introduction, a discussion of eligibility for that type of project, a summary of the requirements for entry into and getting through each step of the CIG process, information on each of the project evaluation criteria, and an explanation of how FTA will determine the overall rating for a project. Each type of project in the CIG program—a New Start, Small Start, or Core Capacity Improvement—is governed by a unique set of requirements, although there are many similarities amongst the three sets of requirements.

    Most importantly, the guidance proposed today addresses four subjects not addressed in either the regulations or previous policy guidance for the CIG program. These are, specifically: (1) The measures and breakpoints for the congestion relief criterion applicable to New Starts and Small Starts projects; (2) the evaluation and rating process for Core Capacity Improvement projects, including the measures and breakpoints for all the project justification and local financial commitment criteria applicable to those projects; (3) the prerequisites for entry into each phase of the CIG process for each type of project in the CIG program, and the requirements for completing each phase of that process; and (4) ways in which certain New Starts, Small Starts, and Core Capacity Improvement projects can qualify for “warrants” entitling them to automatic ratings on some of the evaluation criteria. Readers should please direct their comments to these four subjects. All the other material in this guidance document has been developed through public notice-and-comment for the regulations at 49 CFR part 611 or the previous policy guidance for the CIG program. The newly proposed requirements are clearly identified in the text of each chapter, and in an accompanying table, for easy reference.

    This proposed policy guidance is characterized as “interim” in that, in the near future, FTA will initiate a rulemaking to amend the regulations at 49 CFR part 611 to fully carry out the authorization statute for the CIG program, 49 U.S.C. 5309, as amended by the Moving Ahead for Progress in the 21st Century Act (Pub. L. 112-141; July 6, 2012) (“MAP-21”). The information gained through the public comment process on this proposed interim policy guidance will inform the future rulemaking. After reviewing and responding to the comments received on this proposed guidance, FTA will issue a final iteration of the interim guidance, and then initiate the rulemaking.

    Therese W. McMillan, Acting Federal Transit Administrator.
    [FR Doc. 2015-08063 Filed 4-7-15; 8:45 am] BILLING CODE P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 140611492-5308-01] RIN 0648-BE30 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 20 AGENCY:

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

    ACTION:

    Proposed rule; request for comments.

    SUMMARY:

    NMFS proposes regulations to implement Regulatory Amendment 20 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP) (Regulatory Amendment 20), as prepared and submitted by the South Atlantic Fishery Management Council (Council). If implemented, this proposed rule would revise the snowy grouper annual catch limits (ACLs), commercial trip limit, and recreational fishing season. The purpose of this rule is to help achieve optimum yield (OY) and prevent overfishing of snowy grouper while enhancing socio-economic opportunities within the snapper-grouper fishery in accordance with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

    DATES:

    Written comments must be received on or before May 8, 2015.

    ADDRESSES:

    You may submit comments on the proposed rule, identified by “NOAA-NMFS-2015-0003” by either of the following methods:

    Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0003, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: Submit written comments to Nikhil Mehta, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

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

    Electronic copies of the regulatory amendment, which includes an environmental assessment and an initial regulatory flexibility analysis (IRFA), may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2015/reg_am20/index.html.

    FOR FURTHER INFORMATION CONTACT:

    Nikhil Mehta, telephone: 727-824-5305, or email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Snowy grouper is in the snapper-grouper fishery of the South Atlantic and is managed under the FMP. The FMP was prepared by the Council and is implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Act.

    Background

    The Magnuson-Stevens Act requires NMFS and regional fishery management councils to achieve on a continuing basis the OY from federally-managed fish stocks. This mandate is intended to ensure that fishery resources are managed for the greatest overall benefit to the nation, particularly with respect to providing food production and recreational opportunities, and protecting marine ecosystems.

    Management Measures Contained in This Proposed Rule

    This proposed rule would revise the snowy grouper ACLs for both the commercial and recreational sectors, revise the commercial trip limits, and revise the recreational fishing season. All weights described in the preamble of this proposed rule are in gutted weight.

    Snowy Grouper Commercial and Recreational ACLs

    In 2013, a standard stock assessment for snowy grouper was conducted using the Southeast Data, Assessment, and Review (SEDAR) process (SEDAR 36). SEDAR 36 indicates the snowy grouper stock is no longer undergoing overfishing, remains overfished, and is rebuilding.

    Snowy grouper is in a rebuilding plan and catch levels are currently being held constant as the stock rebuilds. While the amendment states that it is changing the rebuilding strategy, the effect of the action is to adopt the acceptable biological catch (ABC) chosen by the Council as recommended by the Council's Scientific and Statistical Committee (SSC) based upon the stock assessment. The Council's SSC recommended an ABC equal to the yield at 75 percent of the fishing mortality at maximum sustainable yield (FMSY), which would allow ABC to increase as the stock rebuilds.

    The current ABC is 87,254 lb (39,578 kg), which equals the total allowable catch specified by the rebuilding strategy in Amendment 15A to the FMP. As described in Regulatory Amendment 20, the ABC would increase to 139,098 lb (63,094 kg) in 2015; 151,518 lb (68,727 kg) in 2016; 163,109 lb (73,985 kg) in 2017; 173,873 lb (78,867 kg) in 2018; and 185,464 lb (84,125 kg) in 2019 and subsequent fishing years.

    SEDAR 36 updated the historical landings data for snowy grouper from the Marine Recreational Fisheries Statistical Survey (MRFSS) to the Marine Recreational Information Program (MRIP). Additionally, recreational landings from Monroe County, Florida, which encompasses the islands of the Florida Keys, were included in the SEDAR 36 stock assessment. The recreational landings data from Monroe County were not included in the first stock assessment conducted for snowy grouper in 2004 (SEDAR 4) because it was not possible at that time to separate out the data from Monroe County from the landings data for the rest of the west coast of Florida. However, in 2013, a method was developed for extracting and separating the recreational landings from Monroe County from the rest of the west coast of Florida and therefore, the Monroe County recreational data were included in SEDAR 36. When applying the existing allocation formula for snowy grouper to the change in landings from the SEDAR 36 assessment, a shift results in the sector ACLs from 95 percent commercial and 5 percent recreational to 83 percent commercial and 17 percent recreational.

    The proposed rule would increase the ACLs for snowy grouper based on the ABC chosen by the Council, as recommended by their SSC based on the results of SEDAR 36. The current snowy grouper commercial ACL is 82,900 lb (37,603 kg). This proposed rule would revise the commercial ACL to 115,451 lb (52,368 kg) in 2015; 125,760 lb (57,044 kg) in 2016; 135,380 lb (61,407 kg) in 2017; 144,315 lb (65,460 kg) in 2018; and 153,935 lb (69,824 kg) in 2019, and subsequent fishing years. The current snowy grouper recreational ACL is 523 fish. This proposed rule would revise the snowy grouper recreational ACL to 4,152 fish in 2015; 4,483 fish in 2016; 4,819 fish in 2017, 4,983 fish in 2018; and 5,315 fish in 2019, and subsequent fishing years.

    Snowy Grouper Commercial Trip Limit

    This proposed rule would revise the snowy grouper commercial trip limit from the current 100 lb (45 kg) to 200 lb (91 kg). With an increased trip limit, the expected length of the fishing season may decrease. However, the Council determined that since the commercial ACL would be increasing yearly from 2015 to 2019, a relatively small increase in the commercial trip limit to 200 lb (91 kg) would help to maintain a longer fishing season when combined with the commercial ACL increase. Furthermore, because the fishing year for snowy grouper begins on January 1, the Council felt that a higher trip limit for snowy grouper at the beginning of the year could enhance profits for commercial snapper-grouper fishermen because shallow-water grouper species are closed during January-April, leaving snowy grouper as one of few options for purchase by dealers and fish houses. Additionally, with a May harvest opening for many snapper-grouper species, other fish would be available to target if snowy grouper closes in the summer.

    Snowy Grouper Recreational Fishing Season

    The current snowy grouper fishing season is year-round with a recreational bag limit of one snowy grouper per vessel per day. This proposed rule would revise the recreational fishing season to one snowy grouper per vessel per day from May through August, with no retention of snowy grouper during the rest of the year. Snowy grouper recreational landings exceeded the recreational ACL by approximately 400 percent in both 2012 and 2013, and as a result of the accountability measures, the recreational sector closed on May 31 in 2013, and on June 7 in 2014. The Council determined that reducing the current year-round recreational fishing season to a 4-month season would help minimize the risk of exceeding the recreational ACL. The months of May through August are when recreational fishermen throughout the South Atlantic generally have equal access to the resource due to good weather conditions. The fishing season dates and bag limit for the snowy grouper recreational sector would match those proposed for a co-occurring species, blueline tilefish, through Amendment 32 to the FMP. Thus, this approach could help reduce discard mortality for snowy grouper, which can be targeted along with blueline tilefish, another co-occurring deep-water species. The Council determined that similar recreational management measures and fishing seasons for snowy grouper and blueline tilefish would be beneficial to both fish stocks as they are caught at the same depths and have similar high release mortality rates.

    Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator for Fisheries has determined that this proposed rule is consistent with Regulatory Amendment 20, the FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.

    This proposed rule has been determined to be not significant for purposes of Executive Order 12866.

    NMFS prepared an IRFA, as required by section 603 of the Regulatory Flexibility Act, for this proposed rule. The IRFA describes the economic impact this rule, if adopted, would have on small entities. A description of the action, why it is being considered, the objectives of, and legal basis for this action are contained at the beginning of this section in the preamble and in the SUMMARY section of the preamble. A copy of the full analysis is available from NMFS (see ADDRESSES). A summary of the IRFA follows.

    The Magnuson-Stevens Act provides the statutory basis for this rule. No duplicative, overlapping, or conflicting Federal rules have been identified. In addition, no new reporting, record-keeping, or other compliance requirements are introduced by this rule. Accordingly, this rule does not implicate the Paperwork Reduction Act.

    This rule, if implemented, would be expected to directly affect federally permitted commercial fishers harvesting for snowy grouper in the South Atlantic. The Small Business Administration established size criteria for all major industry sectors in the U.S., including fish harvesters and for-hire operations. A business involved in fish harvesting is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and its combined annual receipts are not in excess of $20.5 million (NAICS code 114111, finfish fishing) for all of its affiliated operations worldwide.

    Charter vessels and headboats (for-hire vessels) sell fishing services, which include the harvest of any species considered in this proposed rule, to recreational anglers. These vessels provide a platform for the opportunity to fish and not a guarantee to catch or harvest any species, though expectations of successful fishing, however defined, likely factor into the decision to purchase these services. Changing the allowable harvest of a species, including a fishery closure, only defines what species may be kept and does not explicitly prevent the continued offer of for-hire fishing services. In response to a change in the allowable harvest of a species, including a zero-fish possession limit or fishery closure, catch and release fishing for a target species could continue, as could fishing for other species. Because the proposed changes to management measures for species considered in this proposed rule would not directly alter the services sold by these vessels, this proposed rule would not directly apply to or regulate their operations. For-hire vessels would continue to be able to offer their primary product, which is an attempt to “put anglers on fish,” provide the opportunity for anglers to catch whatever their skills enable them to catch, and keep those fish that they desire to keep and are legal to keep. Any changes in demand for these fishing services, and associated economic affects as a result of changing an ACL or establishing fishery closures, would be a consequence of behavioral change by anglers, secondary to any direct effect on anglers, and, therefore, an indirect effect of the proposed regulatory action. Because the effects on for-hire vessels would be indirect, they fall outside the scope of the Regulatory Flexibility Analysis (RFA). Recreational anglers, who may be directly affected by the changes in this proposed rule, are not small entities under the RFA.

    NMFS has not identified any other small entities that would be expected to be directly affected by this proposed rule.

    The snapper-grouper fishery is a multi-species fishery and vessels generally land many species on the same trips. From 2009 through 2013, an annual average of 138 vessels with valid Federal permits to operate in the commercial sector of the snapper-grouper fishery landed at least 1 lb (0.45 kg) of snowy grouper. Each vessel generated annual average dockside revenues of approximately $78,000 (2013 dollars), of which $2,000 were from snowy grouper, $21,000 from other species jointly landed with snowy grouper, and $55,000 from other species on trips without snowy grouper. Vessels that caught and landed snowy grouper may also operate in other fisheries outside the snapper-grouper fishery, the revenues of which are not known and are not reflected in these totals. Based on revenue information, all commercial vessels directly affected by the rule may be considered small entities.

    Because all entities expected to be affected by this rule are small entities, NMFS has determined that this rule would affect a substantial number of small entities. Moreover, the issue of disproportionate effects on small versus large entities does not arise in the present case.

    The effect of the action to modify the rebuilding strategy for snowy grouper is to adopt the ABC chosen by the Council, as recommended by their SSC based upon the recent stock assessment. Modifying the rebuilding strategy for snowy grouper would have no direct economic effects on small entities, because it would not alter the current use or access to the snowy grouper resource. NMFS notes that the ABC resulting from the modification of the rebuilding strategy would be higher than the status quo ABC for snowy grouper.

    Setting the snowy grouper ACL equal to ABC implies that the ACL would increase as a result of the proposed ABC increase. The method for allocating the ACL between the commercial and recreational sectors would remain the same. The change in the commercial and recreational percentage allocation results from the use of the updated landings of snowy grouper from SEDAR 36. Relative to the 2014 ACL, the proposed commercial ACLs will increase by 39 percent in 2015 and continue to increase annually through 2019 to a point where the proposed ACL in 2019 will be 86 percent greater than it was in 2014. Compared to the 2014 ACL, the proposed recreational ACL will increase by 442 percent in 2015 and continue to increase annually through 2019 to a point where the proposed ACL in 2019 will be 623 percent greater than it was in 2014. In principle, the increases in the snowy grouper sector ACLs would be expected to result in revenue and profit increases to commercial vessels. The actual results would partly depend on the relationship to the management measures proposed for the commercial sector, as discussed below. As noted, for-hire vessels would only be indirectly affected by this action.

    Increasing the snowy grouper commercial trip limit from 100 lb (45 kg), to 200 lb (90 kg), would tend to increase the profit per trip of commercial vessels. This higher trip limit would complement the proposed commercial ACL increase in potentially increasing the annual profits of commercial vessels. Given the proposed ACL increase, the commercial fishing season is expected to extend from January 1 through July 19 under the higher trip limit, or January 1 through December 26 under the status quo (No Action) trip limit. Therefore, the proposed commercial trip limit increase would result in a higher profit per trip but shorter commercial fishing season; whereas the status quo trip limit would be associated with lower profit per trip but a longer fishing season. Which of these two scenarios would result in higher annual profit for commercial vessels cannot be ascertained. What is less uncertain, however, is that the proposed commercial ACL increase would result in higher annual revenues and profits. As noted, the commercial fishing season is projected to last until July 19 under the proposed trip limit and ACL increases. Without the ACL increase, the commercial fishing season is projected to last until June 6 under the proposed trip limit increase. Thus, the commercial ACL increase would allow for about 6 extra weeks of commercial fishing for snowy grouper under the proposed trip limit increase. Given a longer fishing season and higher profit per trip, revenues and profits of commercial vessels that target snowy grouper are likely to increase.

    The following discussion analyzes the alternatives that were not selected as preferred by the Council. Only actions that would have direct economic effects on small entities merit inclusion in the following discussion.

    Three alternatives, including the preferred alternative (as fully described in the preamble), were considered for adjusting the ACLs. The first alternative, the no action alternative, would maintain the current (lower) commercial and recreational ACLs. This alternative would maintain the same economic benefits for commercial vessels but at levels lower than those afforded by the preferred alternative. The second alternative, which has three sub-alternatives, would set ACLs as some percentage of the ABC. The three sub-alternatives are setting the ACL at 95 percent, 90 percent, and 85 percent of the ABC. All three sub-alternatives would have lower positive effects on the profits of commercial vessels than the preferred alternative.

    Five alternatives, including the preferred alternative (as fully described in the preamble), were considered for modifying the management measures for the snowy grouper commercial sector. The first alternative, the no action alternative, would maintain the commercial trip limit of 100 lb (45 kg). Compared to the preferred alternative, the no action alternative would have a lower profit per trip but would also leave the commercial fishing season open almost year-round. Which of these two alternatives would result in higher annual vessel profits for commercial vessels cannot be ascertained. NMFS notes that, if the trip limit is maintained at 100 lb (45 kg), commercial vessels may not take full advantage of the proposed ACL that would annually increase until at least 2019.

    The second alternative would split the snowy grouper commercial ACL into two quotas: 50 percent to the first period (January 1-April 30) and 50 percent to the second period (May 1-December 31). Any remaining commercial quota from the first period would carry over into the second period; any remaining commercial quota from the second period would not carry over into the next fishing year. The following three sub-alternatives on trip limits would apply to each period: 100 lb (45 kg), 150 lb (47.5 kg), or 200 lb (90 kg). Given the proposed commercial ACL increase, the first period would likely remain open under any of the alternative trip limits, but the second period would close early with the highest trip limit resulting in the shortest fishing season. This alternative, with the trip limit of 200 lb (90 kg), would have the same effects on commercial vessel profits as the preferred alternative, because both alternatives would have the same trip limits and the same fishing season length. At lower trip limits, this alternative would allow a longer fishing season but also lower profit per trip than the preferred alternative. It cannot be determined if this alternative, with lower trip limits and a longer fishing season, would result in higher annual profits than the preferred alternative. In an effort to address the accessibility to the snowy grouper resource, the Council considered implementing a commercial split season that would essentially spread out effort over time and allow for more equitable access to snowy grouper throughout the Council's area of jurisdiction. The Council decided to retain the current commercial fishing year as the calendar year because snowy grouper are an important commercial species in the early part of the calendar year, when shallow-water groupers are closed to commercial harvest. In addition, snowy grouper earn higher prices during the early months of the year.

    The third alternative would split the snowy grouper commercial ACL into two quotas: 40 percent to the first period (January 1-April 30) and 60 percent to the second period (May 1-December 31). Any remaining commercial quota from the first period would carry over into the second period; any remaining commercial quota from the second period would not carry over into the next fishing year. This alternative would maintain the current commercial trip limit of 100 lb (45 kg), for the first period and establish one of the following trip limits for the second period: 100 lb (45 kg), 150 lb (47.5 kg), 200 lb (90 kg), 250 lb (112.5 kg), or 300 lb (135 kg). Under this alternative and given the proposed ACL increases, commercial fishing would likely remain open throughout the first period but would close early in the second period, with the highest trip limit resulting in the shortest fishing season. As with the second alternative, this alternative, when combined with lower trip limits would provide longer fishing seasons but lower profit per trip than the preferred alternative. Similarly, this alternative, when combined with higher trip limits, would allow for a higher profit per trip but result in shorter fishing seasons. It cannot be determined if this alternative, with either lower or higher trip limits, would result in greater annual profits than the preferred alternative. Similar to the second alternative, the Council considered a split season to address the accessibility to the resource. For similar reasons mentioned above, this third alternative was not selected as the preferred alternative by the Council.

    The fourth alternative is similar to the preferred alternative but would establish a trip limit of either 300 lb (135 kg), or 150 lb (47.5 kg). This alternative would result in a longer fishing season but a lower profit per trip under a trip limit of 150 lb (47.5 kg), or a shorter fishing season and a higher profit per trip under a trip limit of 300 lb (135 kg), than the preferred alternative. The differential impacts on the annual profits of commercial vessels between this alternative and the preferred alternative cannot be determined. However, the preferred alternative appears to provide a better balance between season length and profit per trip than this alternative with trip limits of either 150 lb (47.5 kg), or 300 lb (135 kg).

    The fifth alternative would modify the snowy grouper commercial trip limit to 150 lb (47.5 kg), all year or until the commercial ACL is met or projected to be met, except for the period of May through August from Florida's Brevard/Indian River County line northward when the trip limit will be one of the following: 200 lb (90 kg), 250 lb (112.5 kg), or 300 lb (135 kg). This alternative would provide for a lower trip limit than the preferred alternative, except in May through August when an equal or higher trip limit would be allowed in certain areas. This alternative would likely benefit commercial vessels in areas north of Indian River County, Florida, more than vessels in other areas, at least during the period when vessels in the northern areas are allowed higher trip limits. Whether total profits from all vessels would be higher under this alternative than under the preferred alternative cannot be determined. Although this alternative was not chosen as the preferred alternative, the Council acknowledged that fishermen in North Carolina have historically had limited access to snowy grouper at the beginning of the fishing year due to poor winter weather conditions. However, some milder winters in recent years have benefitted fishermen through some increased access to snowy grouper.

    List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, South Atlantic, Snapper-Grouper, Snowy grouper.

    Dated: April 2, 2015. Eileen Sobeck, Assistant Administrator for Fisheries, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is proposed to be amended as follows:

    PART 622—FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC 1. The authority citation for part 622 continues to read as follows: Authority:

    16 U.S.C. 1801 et seq.

    2. In § 622.183, paragraph (b)(8) is added to read as follows:
    § 622.183 Area and seasonal closures.

    (b) * * *

    (8) Snowy grouper recreational sector closure. The recreational sector for snowy grouper in or from the South Atlantic EEZ is closed from January 1 through April 30, and September 1 through December 31, each year. During a closure, the bag and possession limit for snowy grouper in or from the South Atlantic EEZ is zero.

    3. In § 622.190, the last sentence in paragraph (a) introductory text, and paragraph (a)(1) are revised to read as follows:
    § 622.190 Quotas.

    (a) * * * The quotas are in gutted weight, that is eviscerated but otherwise whole, except for the quotas in paragraphs (a)(1), (4), (5), and (6) of this section which are in both gutted weight and round weight.

    (1) Snowy grouper—(i) For the 2015 fishing year—115,451 lb (52,368 kg), gutted weight; 136,233 lb (61,794 kg), round weight.

    (ii) For the 2016 fishing year—125,760 lb (57,044 kg), gutted weight; 148,397 lb (67,312 kg), round weight.

    (iii) For the 2017 fishing year—135,380 lb (61,407 kg), gutted weight; 159,749 lb (72,461 kg), round weight.

    (iv) For the 2018 fishing year—144,315 lb (65,460 kg), gutted weight; 170,291 lb (77,243 kg), round weight.

    (v) For the 2019 and subsequent fishing years—153,935 lb (69,824 kg), gutted weight; 181,644 lb (82,392 kg), round weight.

    4. In § 622.191, the first sentence in paragraph (a)(3) is revised to read as follows:
    § 622.191 Commercial trip limits.

    (a) * * *

    (3) Snowy grouper. Until the quota specified in § 622.190(a)(1) is reached—200 lb (91 kg), gutted weight; 236 lb (107 kg), round weight. * * *

    5. In § 622.193, paragraph (b)(2) is revised to read as follows:
    § 622.193 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs).

    (b) * * *

    (2) Recreational sector. (i) If recreational landings, as estimated by the SRD, exceed the recreational ACL specified in paragraph (b)(2)(ii) of this section, the AA will file a notification with the Office of the Federal Register, at or near the beginning of the following fishing year, to reduce the length of the following recreational fishing season by the amount necessary to ensure recreational landings do not exceed the recreational ACL in the following fishing year. When NMFS reduces the length of the following recreational fishing season, the following closure provisions apply: The bag and possession limits for snowy grouper in or from the South Atlantic EEZ are zero. These bag and possession limits also apply in the South Atlantic on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, without regard to where such species were harvested, i.e., in state or Federal waters. Recreational landings will be evaluated relative to the ACL based on a moving multi-year average of landings, as described in the FMP.

    (ii) The recreational ACL for snowy grouper is 4,152 fish for 2015; 4,483 fish for 2016; 4,819 fish for 2017, 4,983 fish for 2018; 5,315 fish for 2019 and subsequent fishing years.

    [FR Doc. 2015-08067 Filed 4-7-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 150205118-5290-01] RIN 0648-BE87 Fisheries of the Northeastern United States; Small-Mesh Multispecies Specifications AGENCY:

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

    ACTION:

    Proposed rule; request for comments.

    SUMMARY:

    The purpose of this action is to set the small-mesh multispecies specifications for the 2015-2017 fishing years, clarify what measures can be modified in a specifications package, and to correct the northern red hake accountability measure trigger rate. This action is necessary to implement the Council's recommended measures intended to reduce the risk of continuing overfishing of northern red hake and set catch and possession limits for the 2015-2017 fishing years. The proposed specifications are designed to help achieve sustainable yield and to inform the public of these measures.

    DATES:

    Public comments must be received by April 23, 2015.

    ADDRESSES:

    You may submit comments on this document, identified by NOAA-NMFS-2012-0170, by any of the following methods:

    • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0170, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    • Mail: Submit written comments to John K. Bullard, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930-2276. Mark the outside of the envelope: “Comments on Whiting Specifications.”

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

    New England Fishery Management Council staff prepared an environmental assessment (EA) for the small-mesh multispecies specifications that describes the proposed action and other considered alternatives. The EA provides a thorough analysis of the biological, economic, and social impacts of the proposed measures and other considered alternatives. An Initial Regulatory Flexibility Analysis (IRFA) was also prepared for this action. The IRFA is contained in the EA prepared for this action, but also is summarized in the Classification section of this proposed rule. Copies of the specifications EA are available on request from Thomas A. Nies, Executive Director, New England Fishery Management Council, 50 Water Street, Newburyport, MA 01950. This document is also available from the following internet addresses: www.greateratlantic.fisheries.noaa.gov/ or www.nefmc.org.

    FOR FURTHER INFORMATION CONTACT:

    Jason Berthiaume, Fishery Management Specialist, (978) 281-9177.

    SUPPLEMENTARY INFORMATION: Background

    The New England Fishery Management Council manages the small-mesh multispecies fishery primarily through a series of exemptions from the Northeast Multispecies Fishery Management Plan (FMP). The small-mesh multispecies fishery is composed of five stocks of three species of hakes (northern and southern silver hake, northern and southern red hake, and offshore hake). It is managed separately from the other stocks of groundfish such as cod, haddock, and flounders, primarily because the fishing is prosecuted with much smaller mesh and does not generally result in the catch of these other stocks. Amendment 19 to the Northeast Multispecies FMP (April 4, 2013; 78 FR 20260) established a process and framework for setting the small-mesh multispecies catch specifications, as well as set the specifications for the 2012-2014 fishing years.

    The purpose of this action is to set the specifications for the 2015-2017 fishing years, based on the New England Fishery Management Council's recommendation. In 2012 and 2013, northern red hake catch rates exceeded the annual catch limits (ACL) and the acceptable biological catch (ABC). As a result, northern red hake was determined to be experiencing overfishing. To reduce the risk of continued overfishing of northern red hake and constrain catch within the proposed ACL, this action proposes to adopt the Council's recommended measures to adjust the northern red hake possession limits per trip and trigger points at which possession limits are reduced in-season.

    This proposed rule also includes a correction to the small-mesh accountability measures and clarifies what measures can be modified in a small-mesh multispecies specifications action.

    Proposed Measures 1. 2015-2017 Small-Mesh Multispecies Specifications

    The Council's Scientific and Statistical Committee (SSC) met on August 26, 2014, to discuss the specifications and to recommend ABCs for the 2015-2017 small-mesh fishery. The FMP's implementing regulations require the involvement of an SSC in the specification process. Following the SSC, the Whiting Oversight Committee met on September 9 and October 30, 2014, to discuss and recommend small-mesh specifications. The Council approved the final specifications on November 17, 2014.

    This action proposes new specifications for the 2015-2017 fishing years, derived from a stock assessment update for northern and southern red and silver hakes. The recent stock assessment was updated with survey data through spring 2014 for red hake, and through fall 2013 for silver hake. Reported landings and estimated discards were updated through calendar year 2013. Limits on fishing year catches for northern and southern stocks of red and silver hakes are based on the recommendations from the SSC and Committee to the Council which, in turn, recommended measures to NMFS for review and implementation. Changes to the total allowable landings (TAL) are needed to respond to changes in the discard rate of red and silver hakes. These specifications would remain effective for fishing years 2015-2017 unless otherwise changed during that time.

    Table 1—Summary of the Small-Mesh Multispecies Specifications for 2015-2017 Stock Overfishing limit
  • (OFL) (mt)
  • ABC
  • (mt)
  • ACL
  • (mt)
  • Percent change from 2012-2014 Discard rate (percent) TAL Percent change from 2012-2014
    N. Silver Hake 43,608 24,383 23,161 85 11.2 19,948.7 122.3 N. Red Hake 331 287 273 2.6 60.6 104.2 15.4 S. Whiting * 60,148 31,180 29,621 −8.2 17.1 23,833.4 −12.6 S. Red Hake 3,400 3,179 3,021 −2.4 55.3 1,309.4 −2.0 * Southern whiting includes southern silver hake and offshore hake
    2. Northern Red Hake Possession Limit Reduction

    This action proposes to reduce the northern red hake possession limit from 5,000 lb (2,268 kg) to 3,000 lb (1,361 kg). This reduction in possession limit is intended to delay the in-season accountability measure (AM) until later in the year and to reduce the potential for northern red hake catches to exceed the ACL (as occurred in fishing years 2012 and 2013). Lowering the possession limit is expected to discourage the targeting of red hake and to encourage fishing in areas, seasons, or ways that avoid catching excess red hake. Compared to starting the fishing year with a 5,000 lb (2,268 kg) possession limit, it is expected that the in-season AM would be delayed, possibly increasing revenue for trips taken later in the year to target silver hake, and reducing discarding. This measure is intended to be combined with the proposed northern red hake possession limit reduction trigger to effectively constrain catch of northern red hake to the ACL and to slow catch rates to extend the fishing season.

    3. Additional Northern Red Hake Possession Limit Reduction Trigger

    This measure would implement an additional possession limit reduction trigger for northern red hake of 1,500 lb (680 kg) when 45 percent of the TAL is reached. When the in-season possession limit reduction triggers were initially implemented, the trigger was set at 90 percent of the TAL. When landings reach the 90-percent trigger, the red hake possession limit would be reduced to the incidental level of 400 lb (181 kg). In both 2012 and 2013, the 90-percent trigger was reached and the ACL was still exceeded. As a result, in 2014, the 90-percent trigger was reduced to 45 percent in accordance with the AM regulations. However, this rule's proposed regulatory correction would increase the 45-percent trigger to 62.5 percent. Because this trigger did not function as well as intended to ensure that the ACL is not exceeded, this rule proposes a second, earlier possession limit reduction trigger of 1,500 lb (680 kg) when 45 percent of the TAL is reached. For clarity, as a result of these proposed specifications, there would be two in-season possession limit triggers for northern red hake: At 45 percent of the TAL, the per-trip possession limit would be decreased from 3,000 lb (1,361 kg) to 1,500 lb (680 kg); and then when 62.5 percent of the TAL is reached, the per-trip possession limit would be decreased from 1,500 lb (680 kg) to 400 lb (181 kg).

    As previously discussed, this additional possession limit trigger is intended to slow catch of northern red hake and to reduce the potential for northern red hake catch from exceeding the ACL.

    4. Clarification on Modifications in a Specifications Action

    When developing the rulemaking for this action, we determined that the current regulations governing the specifications process as recommended in Amendment 19 do not fully reflect the Council's intent regarding the scope of measures that can be implemented pursuant to the specifications process. Amendment 19 specified that the Council shall specify on at least a 3-year basis the OFL, ABC, ACLs, and TALs for each small-mesh multispecies stock as well as the corresponding possession limits, including in-season possession limit triggers to be consistent with the revised specification recommendations and estimates of scientific and management uncertainty from the SSC. However, the implementing regulations for Amendment 19 inadvertently failed to specify that adjustments to possession limits and the in-season possession limit triggers were among the items that could be modified in a specifications action. This rule proposes to correct this problem by including possession limits and in-season possession limit triggers in small-mesh multispecies specifications regulations. The Magnuson-Stevens Act at section 305(d) grants the agency the authority to promulgate regulations necessary to carry out any FMP or amendment to an FMP.

    5. Regulatory Correction

    When the specifications were being developed, the Whiting Plan Development Team identified an error in the previous set of specifications (i.e., fishing years 2012-2014). This error resulted in a 39-mt underestimate of the ABC for northern red hake and a 552-mt underestimate for southern red hake ABC. Due to the 39-mt underestimate, fishing year 2012 catches were actually only 27.5 percent over the ACL rather than 45 percent as previously announced. As a result, the northern red hake post-season accountability measure that was triggered for fishing year 2014 used the incorrect catch and landings limits. Using Magnuson-Stevens Act section 305(d) authority, this action would correct the AM based on the corrected information. No correction is required for the southern red hake error, because only a small fraction of the southern red hake ABC was caught and an increase in the ABC would have no effect.

    Currently, the northern red hake accountability measure trigger is 45 percent, which would reduce the possession limit to 400 lb (181 kg) when 45 percent of the TAL is landed. This correction would increase the 400-lb (181-kg) possession limit trigger point from 45 percent of the TAL to 62.5 percent. This correction would result in a 1,500-lb (680-kg) possession limit when 45 percent of the TAL is landed and a subsequent possession limit reduction to 400 lb (181 kg) when 62.5 percent of the TAL is landed.

    Future AMs for fishing years in which the catch exceeds the ACL would be deducted from the corrected 62.5-percent trigger, pursuant to the small-mesh AM regulations at § 648.90.

    Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the Assistant Administrator has determined that this proposed rule is consistent with the Northeast Multispecies FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.

    The Office of Management and Budget has determined that this action is not significant for the purpose of E.O. 12866.

    An IRFA was prepared, as required by section 603 of the Regulatory Flexibility Act (RFA), which describes the economic impact this proposed rule, if adopted, would have on small entities.

    Description of the Reasons Why Action by the Agency Is Being Considered

    A description of the action and why it is being considered are contained at the beginning of this preamble and in the SUMMARY.

    Statement of the Objectives of, and Legal Basis for, This Proposed Rule

    The statement of the objective and the legal basis for this action are contained at the beginning of this preamble and in the SUMMARY.

    Description and Estimate of the Number of Small Entities to Which This Proposed Rule Would Apply

    On June 12, 2014, the Small Business Administration (SBA) issued an interim final rule revising the small business size standards for several industries effective July 14, 2014 (79 FR 33467). The rule increased the size standard from $19.0 million to $20.5 million for finfish fishing, from $5.0 to $5.5 million for shellfish fishing, and from $7.0 million to $7.5 million for other marine fishing, for-hire businesses, and marinas. The small-mesh multispecies fishery falls under the finfish category and, thus, has a threshold of $20.5 million for determining small versus large entities. However, having different size standards for different types of commercial fishing activities creates difficulties in categorizing business that participate in multiple fishing related activities, which is typically the case in the fishing industry.

    In order to fish for small-mesh multispecies, a vessel owner must be issued either a limited access Northeast multispecies permit or an open access Northeast Multispecies Category K Permit; however, there are many vessels issued both of these types of permits that may not actually fish for small-mesh multispecies. Based on ownership data for 2011-2013, there were 1,087 distinct ownership entities based on calendar year 2013 permits that could potentially target small mesh multispecies. Of these, 1,069 are categorized as small and 18 are categorized as large entities per the SBA guidelines. While 1,087 commercial entities are directly regulated by the proposed action, not all of these entities land small-mesh multispecies and would, therefore, not be directly impacted by this action. To estimate the number of commercial entities that may experience impacts from the proposed action, active small-mesh multispecies entities are defined as those entities containing permits that are directly regulated and that landed any silver hake or red hake in 2013 for commercial sale. There are 298 potentially impacted, directly regulated commercial entities, 295 (99 percent) of which are classified as small entities.

    According to SBA's new size standards, a business involved in harvesting finfish is classified as small business if it is independently owned and operated, not dominant in its field of operation, with receipts not exceeding $20.5 million for all its affiliated operations worldwide. To identify an independent business, ownership information was used. The ownership data identifies individuals who own multiple vessels or a single vessel with multiple owners. This methodology assigns all the vessels owned by an individual into the same entity and including the co-owners in the same pool of affiliation following SBA's criteria for affiliation based on the principle of control that “may arise through ownership, management, or other relationships or interactions between the parties” even when the control is not exercised. Section 8.9 in the specifications EA describes the vessels, key ports, and revenue information for the small-mesh multispecies fishery, and is not repeated here.

    Description of the Projected Reporting, Record-Keeping, and Other Compliance Requirements of This Proposed Rule

    This action does not introduce any new reporting, recordkeeping, or other compliance requirements. This proposed rule does not duplicate, overlap, or conflict with other Federal rules.

    Federal Rules Which May Duplicate, Overlap, or Conflict With This Proposed Rule

    NMFS is not aware of any relevant Federal rules that may duplicate, overlap, or conflict with this proposed rule.

    Description of Significant Alternatives to the Proposed Action Which Accomplish the Stated Objectives of Applicable Statutes and Which Minimize Any Significant Economic Impact on Small Entities

    The Council conducted a comprehensive evaluation of the potential socioeconomic impacts of the specifications in the EA (see ADDRESSES), and a discussion of this evaluation follows.

    Overall, the expected impact from the proposed changes to the ACL specifications is neutral to low positive, relative to the no-action alternative. The proposed specifications in this action would revise the ACL specifications for northern and southern stocks of silver and red hakes for fishing years 2015-2017 based on updated stock assessments. The proposed specifications would increase the northern red and silver hake TALs, but reduce the TALs of the southern red and silver stocks. Landings of southern red hake and both stocks of silver hake were well below the 2013 TALs and the proposed 2015-2017 TALs. Therefore, the proposed limits would not be restrictive for the fishery and as a result, compared to taking no action, impact on revenues would be neutral. In 2013, landings of northern red hake exceeded the TAL and also exceed the proposed 2015-2017 TAL. Thus, if the fishery stays under the TAL to prevent overfishing as is expected, the impacts on revenue from northern red hake landings would be negative, but insignificant when compared with status quo. Compared to the no action alternative, the status quo northern red hake TAL is 15 percent lower than the proposed TAL. Because the proposed specifications generally increase quotas, compared to taking no action the proposed specifications would be positive, but insignificant. However, over the long term, the proposed limits are intended to reduce the risk of overfishing to maintain a healthy, sustainable stock which would in turn maximize revenues. Thus, compared to taking no action, the proposed specifications would have positive long term impacts on revenues.

    This action also proposes to reduce the possession limit for northern red hake from 5,000 lb (2,268 kg) to 3,000 lb (1,361 kg). The preferred alternative may reduce catch and landings (on trips targeting red hake) early in the season. However, the alternative may also potentially delay the time when the AM is triggered, allowing more red hake catch to be landed later in the season. It is expected, based on input from industry advisors, that the in-season AM trigger would be delayed with a lower initial possession limit, increasing revenue for trips taken later in the fishing year and reducing discards. Compared to taking no action, reducing the northern red hake possession limit is intended to prevent early closures, thus extending the season and fishing opportunity. This alternative is intended to support better market conditions by allowing small-mesh vessels to operate at a more consistent level for a longer period of time. As such, although this measure reduces a possession limit, the reduction is intended to prolong the fishing season and provide for better and more consistent market conditions, thus increasing overall revenues. As such, the preferred alternative's impact on profitability is expected to be neutral to low positive relative to the no-action alternative. Actual impact will depend on how fishermen who target this species in the northern area adapt their targeted fishing activity (and discarding activity) to the proposed lower initial possession limit and in-season accountability measures.

    This action also proposes to implement an additional in-season possession limit reduction trigger for red hake. This proposed measure would reduce the possession limit to 1,500 lb (680 kg) when landings reach 45 percent of the TAL. This measure, in conjunction with the measure to reduce the initial northern red hake possession limit to 3,000 lb (1,361 kg) are designed to slow catches of northern red hake. Although this would implement an additional possession limit reduction trigger, further reducing possession limits, the reduction is intended to extend the overall season and delay the reduction to incidental levels. Compared to taking no action, implementing an additional northern red hake possession limit trigger at 45 percent is intended to prevent early closures, thus extending the season. Without this additional trigger, possession limits could likely be reduced to the incidental limit trigger earlier in the year. Similar to the reduction in northern red hake possession limit, this alternative is expected to have neutral to slightly positive impacts compared to taking no action.

    In regard to correcting the accountability measure trigger for northern red hake, when the specifications were being developed the Whiting Plan Development Team identified an error in the previous set of specifications (i.e., fishing years 2012-2014). As a result, the northern red hake post-season accountability measure was triggered for fishing year 2014 using the incorrect catch and landings limits. This action would correct the AM trigger rate from 45 to 62.5 percent based on the corrected information. This should be beneficial for the industry and is not expected to have any negative economic impacts. Not doing this correction would result in the trigger rate remaining at 45 percent. This would result in the possession limit being reduced to the incidental level of 400 lb (181 kg) earlier in the season at 45 percent of the TAL compared to 62.5 percent. Reducing the possession limit to the incidental level earlier in the season would not only reduce landings, but would also be damaging to market conditions as it would likely result in a shorter season, and less consistent catch rates. Therefore, this measure is expected to delay reducing possession limits, increase landings, and provide for better market conditions. Compared to taking no action, the proposed correction would have positive impacts.

    List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 2, 2015. Eileen Sobeck, Assistant Administrator for Fisheries, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is proposed to be amended as follows:

    PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: Authority:

    16 U.S.C. 1801 et seq.

    2. In § 648.86, revise paragraphs (d)(1)(i) introductory text, (d)(1)(ii) introductory text, (d)(1)(iii) introductory text, and (d)(4) introductory text, and add paragraph (d)(5) to read as follows:
    § 648.86 NE Multispecies possession restrictions.

    (d) * * *

    (1) * * *

    (i) Vessels possessing on board or using nets of mesh size smaller than 2.5 in (6.35 cm). Owners or operators of a vessel may possess and land not more than 3,000 lb (1,361 kg) of red hake, and not more than 3,500 lb (1,588 kg) of combined silver hake and offshore hake, if either of the following conditions apply:

    (ii) Vessels possessing on board or using nets of mesh size equal to or greater than 2.5 in (6.35 cm) but less than 3 in (7.62 cm). An owner or operator of a vessel that is not subject to the possession limit specified in paragraph (d)(1)(i) of this section may possess and land not more than 3,000 lb (1,361 kg) of red hake, and not more than 7,500 lb (3,402 kg) of combined silver hake and offshore hake if either of the following conditions apply:

    (iii) Vessels possessing on board or using nets of mesh size equal to or greater than 3 in (7.62 cm). An owner or operator of a vessel that is not subject to the possession limits specified in paragraphs (d)(1)(i) and (ii) of this section may possess and land not more than 3,000 lb (1,361 kg) of red hake, and not more than 30,000 lb (13,608 kg) of combined silver hake and offshore hake when fishing in the Gulf of Maine or Georges Bank Exemption Areas, as described in § 648.80(a), and not more than 40,000 lb (18,144 kg) of combined silver hake and offshore hake when fishing in the Southern New England or Mid-Atlantic Exemption Areas, as described in § 648.80(b)(10) and (c)(5), respectively, if both of the following conditions apply:

    (4) Accountability measure in-season adjustment of small-mesh multispecies possession limits. If the Regional Administrator projects that an in-season adjustment TAL trigger level for any small-mesh multispecies stock, as specified in § 648.90(b)(5)(iii), has been reached or exceeded, the Regional Administrator shall reduce the possession limit of that stock to the incidental level for that stock, as specified in this paragraph (d)(4), for the remainder of the fishing year through notice consistent with the Administrative Procedure Act, unless such a reduction in the possession limit would be expected to prevent the TAL from being reached.

    (5) In-season adjustment of northern red hake possession limits. In addition to the accountability measure in-season adjustment of small-mesh multispecies possession limits specified in § 648.86(d)(4), if the Regional Administrator projects that 45 percent of the northern red hake TAL has been reached or is exceeded, the Regional Administrator shall reduce the possession limit for northern red hake to 1,500 lb (680 kg) for the remainder of the fishing year unless further reduced to the incidental possession limit according to the accountability measure in-season adjustment of small-mesh multispecies possession limits specified in § 648.86(d)(4).

    3. In § 648.90, revise paragraphs (b)(4)(i) and (b)(5)(iii) to read as follows:
    § 648.90 NE multispecies assessment, framework procedures and specifications, and flexible area action system.

    (b) * * *

    (4) * * *

    (i) The Whiting PDT shall prepare a specification package, including a SAFE Report, at least every 3 years. Based on the specification package, the Whiting PDT shall develop and present to the Council recommended specifications as defined in paragraph (a) of this section for up to 3 fishing years. The specifications package shall be the primary vehicle for the presentation of all updated biological and socio-economic information regarding the small-mesh multispecies fishery. The specifications package shall provide source data for any adjustments to the management measures that may be needed to continue to meet the goals and objectives of the FMP. The specifications package may include modifications to the OFL, ABC, ACL, TAL, possession limits, and in-season possession limit triggers.

    (5) * * *

    (iii) Small-mesh multispecies in-season adjustment triggers. The small-mesh multispecies in-season accountability measure adjustment triggers are as follow:

    Species In-season
  • adjustment
  • trigger
  • (percent)
  • Northern Red Hake 62.5 Northern Silver Hake 90 Southern Red Hake 90 Southern Whiting 90
    [FR Doc. 2015-08078 Filed 4-7-15; 8:45 am] BILLING CODE 3510-22-P
    80 67 Wednesday, April 8, 2015 Notices COMMISSION ON CIVIL RIGHTS Agenda and Notice of Public Meeting of the New York Advisory Committee

    Dates and Times: Friday, May 8, 2015 at 12:00 p.m. [EDT]

    Place: Via Teleconference. Public Dial-in 1-877-446-3914; Listen Line Code 2507069.

    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 New York Advisory Committee to the Commission will convene via conference call. The purpose of the planning meeting is for the Advisory Committee to discuss plans to conduct a public meeting on the over policing of communities of color in New York.

    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, June 8, 2015. Comments may be mailed to the Eastern Regional Office, U.S. Commission on Civil Rights, 1331 Pennsylvania Avenue, Suite 1150, Washington, DC 20425, faxed to (202) 376-7548, or emailed to Evelyn Bohor at [email protected] Persons who desire additional information may contact the Eastern Regional Office at 202-376-7533.

    Records generated from this meeting may be inspected and reproduced at the Eastern 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 Eastern Regional Office at the above phone number, email or street address.

    The meeting will be conducted pursuant to the provisions of the rules and regulations of the Commission and FACA.

    Dated: April 3, 2015. David Mussatt, Chief, Regional Programs Unit.
    [FR Doc. 2015-08086 Filed 4-7-15; 8:45 am] BILLING CODE 6335-01-P
    COMMISSION ON CIVIL RIGHTS State Advisory Committees AGENCY:

    United States Commission on Civil Rights.

    ACTION:

    Solicitation of applications.

    SUMMARY:

    Because the terms of the members of the Kentucky Advisory Committee are expiring on July 11, 2015, the United States Commission on Civil Rights hereby invites any individual who is eligible to be appointed to apply. The memberships are exclusively for the Kentucky Advisory Committee, and applicants must be residents of Kentucky to be considered. Letters of interest must be received by the Southern Regional Office of the U.S. Commission on Civil Rights no later than May 11, 2015. Letters of interest must be sent to the address listed below.

    Because the terms of the members of the Minnesota Advisory Committee are expiring on July 11, 2015, the United States Commission on Civil Rights hereby invites any individual who is eligible to be appointed to apply. The memberships are exclusively for the Minnesota Advisory Committee, and applicants must be residents of Minnesota to be considered. Letters of interest must be received by the Midwestern Regional Office of the U.S. Commission on Civil Rights no later than May 11, 2015. Letters of interest must be sent to the address listed below.

    Because the terms of the members of the New Hampshire Advisory Committee are expiring on July 11, 2015, the United States Commission on Civil Rights hereby invites any individual who is eligible to be appointed to apply. The memberships are exclusively for the New Hampshire Advisory Committee, and applicants must be residents of New Hampshire to be considered. Letters of interest must be received by the Eastern Regional Office of the U.S. Commission on Civil Rights no later than May 11, 2015. Letters of interest must be sent to the address listed below.

    Because the terms of the members of the New York Advisory Committee are expiring on July 11, 2015, the United States Commission on Civil Rights hereby invites any individual who is eligible to be appointed to apply. The memberships are exclusively for the New York Advisory Committee, and applicants must be residents of New York to be considered. Letters of interest must be received by the Eastern Regional Office of the U.S. Commission on Civil Rights no later than May 11, 2015. Letters of interest must be sent to the address listed below.

    DATES:

    Letters of interest for membership on the Kentucky Advisory Committee should be received no later than May 11, 2015.

    Letters of interest for membership on the Minnesota Advisory Committee should be received no later than May 11, 2015.

    Letters of interest for membership on the New Hampshire Advisory Committee should be received no later than May 11, 2015.

    Letters of interest for membership on the New York Advisory Committee should be received no later than May 11, 2015.

    ADDRESSES:

    Send letters of interest for the Kentucky Advisory Committee to: U.S. Commission on Civil Rights, Southern Regional Office, 61 Forsyth Street, Suite 16T126, Atlanta, GA 30303. Letter can also be sent via email to [email protected]

    Send letters of interest for the Minnesota Advisory Committee to: U.S. Commission on Civil Rights, Midwestern Regional Office, 55 West Monrore St., Suite 410, Chicago, IL 60603. Letters can also be sent via email to [email protected]

    Send letters of interest for the New Hampshire Advisory Committee to: U.S. Commission on Civil Rights, Eastern Regional Office, 1331 Pennsylvania Ave. NW., Suite 1150, Washington, DC 20425. Letter can also be sent via email to [email protected]

    Send letters of interest for the New York Advisory Committee to: U.S. Commission on Civil Rights, Eastern Regional Office, 1331 Pennsylvania Ave. NW., Suite 1150, Washington, DC 20425. Letter can also be sent via email to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    David Mussatt, Chief, Regional Programs Unit, 55 W. Monroe St., Suite 410, Chicago, IL 60603, (312) 353-8311. Questions can also be directed via email to [email protected]

    SUPPLEMENTARY INFORMATION:

    The Kentucky, Minnesota, New Hampshire, and New York Advisory Committees are statutorily mandated federal advisory committees of the U.S. Commission on Civil Rights pursuant to 42 U.S.C. 1975a. Under the charter for the advisory committees, the purpose is to provide advice and recommendations to the U.S. Commission on Civil Rights (Commission) on a broad range of civil rights matters in its respective state that pertain to alleged deprivations of voting rights or discrimination or denials of equal protection of the laws because of race, color, religion, sex, age, disability, or national origin, or the administration of justice. Advisory committees also provide assistance to the Commission in its statutory obligation to serve as a national clearinghouse for civil rights information.

    Each advisory committee consists of not more than 19 members, each of whom will serve a four-year term. Members serve as unpaid Special Government Employees who are reimbursed for travel and expenses. To be eligible to be on an advisory committee, applicants must be residents of the respective state or district, and have demonstrated expertise or interest in civil rights issues.

    The Commission is an independent, bipartisan agency established by Congress in 1957 to focus on matters of race, color, religion, sex, age, disability, or national origin. Its mandate is to:

    • Investigate complaints from citizens that their voting rights are being deprived,

    • study and collect information about discrimination or denials of equal protection under the law,

    • appraise federal civil rights laws and policies,

    • serve as a national clearinghouse on discrimination laws,

    • submit reports and findings and recommendations to the President and the Congress, and

    • issue public service announcements to discourage discrimination.

    The Commission invites any individual who is eligible to be appointed a member of the Kentucky, Minnesota, New Hampshire, or New York Advisory Committee covered by this notice to send a letter of interest and a resume to the respective address above.

    Dated: April 3, 2015. David Mussatt, Chief, Regional Programs Unit.
    [FR Doc. 2015-08085 Filed 4-7-15; 8:45 am] BILLING CODE 6335-01-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-18-2015] Foreign-Trade Zone (FTZ) 202—Los Angeles, California; Notification of Proposed Production Activity; syncreon Logistics (USA), LLC (Camera and Accessories Kitting); Torrance, California

    syncreon Logistics (USA), LLC (syncreon) submitted a notification of proposed production activity to the FTZ Board for its facility in Torrance, California. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on March 27, 2015.

    A separate application for a usage-driven site designation at the syncreon facility was submitted and will be processed under Section 400.38 of the FTZ Board's regulations. The facility is used for the kitting of cameras and accessories into retail packages on behalf of GoPro, Inc. 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 syncreon from customs duty payments on the foreign-status components used in export production. On its domestic sales, syncreon would be able to choose the duty rates during customs entry procedures that apply for protective lens covers, camera bundles, and lens replacement kits (duty rates range from 2.0 to 5.3%) for the foreign-status inputs noted below. Customs duties also could possibly be deferred or reduced on foreign-status production equipment.

    The components and materials sourced from abroad include: Silicon dioxide for anti-fog inserts; 1 inch diameter, clear plastic adhesive; foam, cushions, double adhesive, 10mm; display boxes; plastic bags; plastic water housing assemblies; flat and curved adhesive mounts; rubber seals for water housing doors; quick release rubber plugs; rubber containers; textile bag packs; replacement camera cases; waterproof camera covers; accessory boxes; top trays for packaging; accessory boxes with shelves; warranty cards; printed carnets; stickers; textile chest mount harnesses; security tethers; washers; Wi-Fi remote attachments for key rings; thumbscrew wrench/bottle openers; metal mountings; adapters, micro SD to USB 2.0; battery transmitters; rechargeable batteries; Wi-Fi transmitters; Wi-Fi remotes; video players; micro SD cards 32GB; cameras; radar transmitters; LCD transmitters; cables, composite, 120 pin mini USB to CVBS audio/video; cables, micro HDMI to HDMI; microphone stand mounts; lens filters; 3D glasses; and, 24-inch metal camera bars (duty rates range from duty-free to 20%). The request indicates that foreign inputs included in certain textile categories (classified within HTSUS Subheadings 4202.92 and 6307.90) will be admitted to the zone in privileged foreign status (19 CFR 146.41), thereby precluding inverted tariff benefits on such items.

    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 18, 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 [email protected] or (202) 482-1367.

    Dated: April 2, 2015. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2015-08104 Filed 4-7-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-475-601] Brass Sheet and Strip From Italy; Preliminary Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on brass sheet and strip (BSS) from Italy.1 This review covers one company. The period of review (POR) is March 1, 2013, through February 28, 2014.

    1See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 79 FR 24398 (April 30, 2014).

    DATES:

    Effective Date: April 8, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Joseph Shuler, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1293.

    SUPPLEMENTARY INFORMATION: Scope of the Order

    The merchandise subject to the antidumping duty order is brass sheet and strip, other than leaded brass and tin brass sheet and strip, from Italy, which is currently classified under subheading 7409.21.00.50, 7409.21.00.75, 7409.21.00.90, 7409.29.00.50, 7409.29.00.75, and 7409.29.00.90 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS numbers are provided for convenience and customs purposes. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.2 The written description is dispositive.

    2See memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, “Decision Memorandum for Preliminary Results of the 2013-2014 Antidumping Duty Administrative Review: Brass Sheet and Strip from Italy” (Preliminary Decision Memorandum), dated concurrently with this notice.

    The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).3 ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice.

    3 On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance's AD and CVD Centralized Electronic Service System (IA ACCESS) to AD and CVD Centralized Electronic Service System (ACCESS). The Web site location was changed from http://iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014).

    Methodology

    In accordance with sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act), we relied on facts available with an adverse inference with respect to KME Italy SpA (KME Italy), the only company for which a review was requested. Thus, we preliminarily assign a rate of 22.00 percent as the dumping margin for KME Italy. In making these findings, we relied on facts available because KME Italy failed to respond to the Department's antidumping duty questionnaire, and thus withheld requested information, failed to provide requested information by the established deadlines, and significantly impeded this proceeding. See sections 776(a)(2)(A)-(C) of the Act. Furthermore, because we preliminarily determine that KME Italy failed to cooperate by not acting to the best of its ability to comply with the Department's requests for information, we drew an adverse inference in selecting from among the facts otherwise available. See section 776(b) of the Act.

    For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.

    Preliminary Results of Review

    As a result of our review, we preliminarily determine that the following dumping margin on BSS from Italy exists for the period March 1, 2013, through February 28, 2014:

    Exporter/manufacturer Dumping
  • margin
  • (percent)
  • KME Italy SpA 22.00
    Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.4 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.5 Case and rebuttal briefs should be filed using ACCESS.6

    4See 19 CFR 351.309(d).

    5See 19 CFR 351.303 (for general filing requirements).

    6See 19 CFR 351.303.

    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety in ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs.

    The Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act.

    Assessment Rates

    Upon issuance of the final results, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. If the preliminary results are unchanged for the final results we will instruct CBP to apply an ad valorem assessment rate of 22.00 percent to all entries of subject merchandise during the POR which were produced and/or exported by KME Italy.

    We intend to issue liquidation instructions to CBP 15 days after publication of the final results of review.

    Cash Deposit Requirements

    The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of BSS from Italy entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for the reviewed company will be the rate established in the final results of this review; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the merchandise; (4) if neither the exporter nor the manufacturer has its own rate, the cash deposit rate will be 5.44 percent. These deposit requirements, when imposed, shall remain in effect until further notice.

    Notifications to Importers

    This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

    Notification to Interested Parties

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 30, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum A. Summary B. Background C. Scope of the Order D. Discussion of the Methodology 1. Use of Facts Otherwise Available a. Use of Facts Available b. Application of Facts Available With an Adverse Inference c. Selection and Corroboration of Information Used As Facts Available E. Recommendation
    [FR Doc. 2015-07953 Filed 4-7-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-489-502] Circular Welded Carbon Steel Pipes and Tubes From Turkey: Preliminary Results of Countervailing Duty Administrative Review and Preliminary Intent To Rescind in Part; Calendar Year 2013 AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty (CVD) order on circular welded carbon steel pipes and tubesfrom Turkey for the period of review (POR) of January 1, 2013, through December 31, 2013. The review covers one producer/exporter of subject merchandise that the Department selected for individual examination: the Borusan Group, Borusan Holding, A.S. (Borusan Holding), Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan), Borusan Istikbal Ticaret T.A.S. (Istikbal), and Borusan Lojistik Dagitim Pepolama Tasimacilik ve Tic A.S. (Borusan Lojistik) (collectively, the Borusan Companies). Additionally, this review covers three firms that were not individually examined: Toscelik Profil ve Sac Endustrisi A.S. (Toscelik Profil), Toscelik Metal Ticaret AS., and Tosyali Dis Ticaret AS. (Tosyali) (collectively, the Toscelik Companies),1 Umran Celik Born Sanayii A.S. (also known as Umran Steel Pipe Inc.) (Umran), and Guven Steel Pipe (also known as Guven Celik Born San. Ve Tic. Ltd.) (Guven). We preliminarily determine that the Borusan Companies received countervailable subsidies during the POR. For purposes of these preliminary results, we assigned the Toscelik Companies, Umran and Guven, the non-selected respondents, the same net subsidy rate calculated for the Borusan Companies. Additionally, we preliminarily determine to rescind the administrative reviews on Erbosan Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan AS) and Erbosan Erciyas Pipe Industry and Trade Co. Kayseri Free Zone Branch (Erbosan FZB), (collectively Erbosan) and the Yucel Group and all affiliates including Yucel Boru ye Profil Endustrisi A.S, Yucelboru Ihracat Ithalat ye Pazarlama A.S, and Cayirova Born Sanayi ye Ticaret A.S.) (collectively, the Yucel Companies).2

    1See Turkey Pipe 2012 Preliminary Results and accompanied Preliminary Issues and Decision Memorandum at 5 unchanged in Turkey Pipe 2012 Final Results and accompanying Issues and Decision Memorandum at 2, in which we found the Toscelik Companies to be cross-owned entities.

    2See Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final Results of Countervailing Duty Administrative Review; Calendar Year 2011, 78 FR 64916 (October 30, 2013), in which we found the Erbosan Companies to be cross-owned; see also Certain Welded Carbon Steel Pipes and Tubes and Welded Carbon Steel Line Pipe from Turkey; Final Results of Countervailing Duty Administrative Reviews, 64 FR 44496 (August 16, 1999), in which we found the Yucel Companies to be cross-owned.

    DATES:

    Effective Date: April 8, 2015.

    FOR FURTHER INFORMATION CONTACT:

    John Conniff or Jolanta Lawska, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-1009 and 202-482-8362, respectively.

    Intent To Rescind the 2013 Administrative Review, in Part

    Erbosan and the Yucel Companies submitted letters to the Department on May 5, 2014, June 27, 2014, respectively, timely certifying that they had no sales, shipments, or entries, directly or indirectly, of subject merchandise to the United States during the POR.3 Petitioners did not comment on Erbosan's and Yucel's claims of no sales, shipments, or entries. On May 19 and July 14, 2014, we transmitted “No-Shipment Inquiries” to U.S. Customs and Border Protection (CBP) regarding these companies. We did not receive any information from CBP contrary to Erbosan's and Yucel's claims of no sales, shipments, or entries of subject merchandise to the United States during the POR. Accordingly, based on the record evidence, we preliminarily determine that Erbosan and Yucel, did not ship subject merchandise to the United States during the POR. Therefore, in accordance with 19 CFR 351.213(d)(3), and consistent with our practice,4 we preliminarily determine to rescind the review for Erbosan and Yucel.

    3See the Erbosan Companies' May 5, 2014, submission; see also the Yucel Companies June 27, 2014, submission.

    4See, e.g., Aluminum Extrusions from the People's Republic of China: Notice of Partial Rescission of Countervailing Duty Administrative Review, 79 FR 2635 (January 15, 2014).

    Scope of the Order

    The products covered by this order are certain welded carbon steel pipe and tube with an outside diameter of 0.375 inch or more, but not over 16 inches, of any wall thickness (pipe and tube) from Turkey. These products are currently provided for under the Harmonized Tariff Schedule of the United States (HTSUS) as item numbers 7306.30.10, 7306.30.50, and 7306.90.10. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.

    Methodology

    The Department conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a government financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.5 For a full description of the methodology underlying our conclusions, see the accompanying Decision Memorandum for Preliminary Results of Countervailing Duty (CVD) Administrative Review: Circular Welded Carbon Steel Pipes and Tubes Products from Turkey (Preliminary Decision Memorandum) from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated concurrently with these results and hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).6 ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit (CRU), Room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content.

    5See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and, section 771(5A) of the Act regarding specificity.

    6 On November 24, 2014, Enforcement and Compliance changed the name of the Enforcement and Compliance's AD and CVD Centralized Electronic Service System (IA ACCESS) to AD and CVD Centralized Electronic Service System (ACCESS). The Web site location was changed from http://iaaccess.trade.gov to http://access.trade.gov. The final rule changing the references in the Department's regulations can be found at 79 FR 69046 (November 20, 2014).

    Preliminary Results of Review

    The Department determined that the following preliminary net subsidy rates exist for the period January 1, 2013, through December 31, 2013:

    Company Net subsidy rate
  • (percent)
  • Borusan Group, Borusan Holding, A.S. (Borusan Holding), Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan), Borusan Istikbal Ticaret T.A.S. (Istikbal), and Borusan Lojistik Dagitim Pepolama Tasimacilik ve Tic A.S. (Borusan Lojistik) (collectively, the Borusan Companies) 4.18 ad valorem. Umran Celik Born Sanayii A.S. (also known as Umran Steel Pipe Inc.) (Umran) 4.18 ad valorem. Guven Steel Pipe (also known as Guven Celik Born San. Ve Tic. Ltd.) (Guven) 4.18 ad valorem. Toscelik Profil ve Sac Endustrisi A.S. (Toscelik Profil), Toscelik Metal Ticaret AS., and Tosyali Dis Ticaret AS. (Tosyali) (collectively, the Toscelik Companies) 4.18 ad valorem.
    Assessment Rates

    Upon issuance of the final results, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, CVDs on all appropriate entries covered by this review. We intend to issue instructions to CBP 15 days after publication of the final results of this review.

    Cash Deposit Rates

    The Department also intends to instruct CBP to collect cash deposits of estimated CVDs in the amounts indicated for each of the four companies listed above with regard to shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all other non-reviewed firms, we will instruct CBP to collect cash deposits of estimated CVDs at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice.

    Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of the date of publication of these preliminary results.7 Interested parties may submit written comments (case briefs) within 30 days of publication of the preliminary results and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.8 Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs. Parties who submit arguments are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.9 All briefs must be filed electronically using ACCESS.

    7See 19 CFR 351.224(b).

    8See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).

    9See 19 CFR 351.309(c)(2) and 351.309(d)(2).

    Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.10 Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, we will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined.11

    10See 19 CFR 351.310(c).

    11See 19 CFR 351.310.

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, the Department intends to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days after issuance of these preliminary results.

    This administrative review and notice are in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: March 31, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I. Summary II. Background III. Intent to Rescind the 2013 Administrative Review, in Part IV. Scope of the Order V. Subsidies Valuation Information A. Allocation Period B. Attribution of Subsidies C. Benchmark Interest Rates VI. Non-Selected Rate VII. Analysis of Programs Programs Preliminarily Determined To Be Countervailable A. Deduction From Taxable Income for Export Revenue B. Short-Term Pre-Shipment Rediscount Program C. Investment Encouragement Program (IEP): Customs Duty Exemptions D. Provision of HRS for LTAR VIII. Preliminary Determined To Not Confer Countervailable Benefits IX. Programs Preliminarily Determined to Not Be Used X. Recommendation
    [FR Doc. 2015-08123 Filed 4-7-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-933] Frontseating Service Valves From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY:

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

    SUMMARY:

    The Department of Commerce (“the Department”) is conducting an administrative review of the antidumping duty order on frontseating service valves from the People's Republic of China (“PRC”). The period of review (“POR”) is April 1, 2013, through April 28, 2014. The review covers one exporter of the subject merchandise, Zhejiang Sanhua Co., Ltd. (“Sanhua”). The Department preliminarily finds that Sanhua made no sales of subject merchandise at less than normal value during the POR. Interested parties are invited to comment on these preliminary results.

    DATES:

    Effective Date: April 8, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Laurel LaCivita, Enforcement and Compliance, Office III, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4243.

    SUPPLEMENTARY INFORMATION: Scope of the Order

    The merchandise covered by this order is frontseating service valves, assembled or unassembled, complete or incomplete, and certain parts thereof of any size, configuration, material composition or connection type.1 Frontseating service valves are classified under subheading 8481.80.1095, and also have been classified under subheading 8415.90.80.85, of the Harmonized Tariff Schedule of the United States (“HTSUS”). It is possible for frontseating service valves to be manufactured out of primary materials other than copper and brass, in which case they would be classified under HTSUS subheadings 8481.80.3040, 8481.80.3090, or 8481.80.5090. In addition, if unassembled or incomplete frontseating service valves are imported, the various parts or components would be classified under HTSUS subheadings 8481.90.1000, 8481.90.3000, or 8481.90.5000. The HTSUS subheadings are provided for convenience and customs purposes, but the written description of the scope of this proceeding is dispositive.

    1See “Decision Memorandum for Preliminary Results of 2013-2014 Antidumping Duty Administrative Review: Frontseating Service Valves from the People's Republic of China,” dated concurrently with this notice and herein incorporated by reference (“Preliminary Decision Memorandum”) for a complete description of the scope of the Order.

    Methodology

    The Department conducted this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (“the Act”). Constructed export prices are calculated in accordance with section 772(b) of the Act. Because the PRC is a non-market economy (“NME”) within the meaning of section 771(18) of the Act, normal value is calculated in accordance with section 773(c) of the Act.

    For a full description of the methodology underlying our preliminary results, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”).2 ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum, is attached as the Appendix to this notice.

    2 On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance's AD and CVD Centralized Electronic Service System (“IA ACCESS”) to AD and CVD Centralized Electronic Service System (“ACCESS”). The Web site location was changed from http://iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the reference to the Regulations can be found at 79 FR 69046 (November 20, 2014).

    Preliminary Results of Review

    The Department preliminarily determines that the following weighted-average dumping margin exists for the POR April 1, 2013, through April 28, 2014:

    Exporter Weighted-average dumping margin (percent) Zhejiang Sanhua Co., Ltd 0.00 Disclosure and Public Comment

    The Department intends to disclose to the parties the calculations performed for these preliminary results within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).

    Interested parties may submit written comments no later than 30 days after the date of publication of these preliminary results of review.3 Rebuttals to written comments may be filed no later than five days after the written comments are filed.4

    3See 19 CFR 351.309(c).

    4See 19 CFR 351.309(d).

    Any interested party may request a hearing within 30 days of publication of this notice.5 Hearing requests should contain the following information: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.6

    5See 19 CFR 351.310(c).

    6See 19 CFR 351.310(d)(1).

    Unless otherwise extended, the Department intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in any such comments, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act.

    Assessment Rates

    Upon issuance of the final results of this review, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.7 The Department intends to issue appropriate assessment instructions to CBP 15 days after publication of the final results of this review.

    7See 19 CFR 351.212(b)(1).

    For any individually examined respondent whose weighted-average dumping margin is above de minimis, we will calculate importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1).8 For duty assessment rates calculated on this basis, we will direct CBP to assess the resulting ad valorem rate against the entered customs values for the subject merchandise.

    8 In these preliminary results, the Department applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).

    The Department announced a refinement to its assessment practice in NME cases. Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. In addition, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the PRC-wide rate.9

    9See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).

    The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review.

    Cash Deposit Requirements

    Because the antidumping duty order on frontseating service valves from the PRC was revoked,10 the Department will not issue cash deposit instructions at the conclusion of this administrative review.

    10See Frontseating Service Valves from the People's Republic of China: Final Results of Sunset Review and Revocation of Antidumping Duty Order, 79 FR 27573 (May 14, 2014).

    Notification to Importers

    This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

    We are issuing and publishing notice of these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 31, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Background 2. Scope of the Order 3. Non-Market Economy Country 4. Separate Rates 5. Surrogate Country and Surrogate Value Data 6. Surrogate Country 7. Economic Comparability 8. Significant Producers of Identical or Comparable Merchandise 9. Data Availability 10. Date of Sale 11. Comparisons to Normal Value 12. Constructed Export Price 13. Value-Added Tax 14. Normal Value 15. Factor Valuations 16. Currency Conversion
    [FR Doc. 2015-08120 Filed 4-7-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-891] Hand Trucks and Certain Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review and Revocation, in Part AGENCY:

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

    SUMMARY:

    On March 3, 2015, the Department of Commerce (the Department) published its notice of initiation and preliminary results of changed circumstances review, and intent to revoke, in part, the antidumping (AD) duty order on hand trucks and certain parts thereof (hand trucks) from the People's Republic of China (PRC).1 We invited parties to comment and received no comments. Therefore, we are now revoking the order, in part, with respect to certain multifunction carts meeting the specifications described below.

    1See Hand Trucks and Certain Parts Thereof From the People's Republic of China: Initiation and Preliminary Results of Changed Circumstances Review, and Intent To Revoke Order In Part, 80 FR 11396 (March 3, 2015) (Initiation and Preliminary Results).

    DATES:

    Effective Dates: December 1, 2012 (AD order).

    FOR FURTHER INFORMATION CONTACT:

    Scott Hoefke at (202) 482-4947 or Robert James at (202) 482-0649; AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.

    SUPPLEMENTARY INFORMATION:

    Background

    On December 2, 2004, the Department published in the Federal Register the AD order on hand trucks from the PRC.2 On December 9, 2014, in accordance with sections 751(b) and 751(d)(1) of the Tariff Act of 1930, as amended (the Act), 19 CFR 351.216(b), and 19 CFR 351.222(g)(1), Positec USA, Inc. and RW Direct, Inc. (collectively, Positec), importers, requested revocation, in part, of the Order with respect to its WORX Aerocart (Aerocart) as part of a changed circumstances review. Positec requested that the Department conduct the changed circumstances review on an expedited basis pursuant to 19 CFR 351.221(c)(3)(ii). On March 3, 2015, the Department published in the Federal Register the Initiation and Preliminary Results. As noted above, we gave interested parties an opportunity to comment on the Initiation and Preliminary Results. We received no comments from interested parties. Therefore, we are now revoking the Order, in part, with respect to certain multifunction carts meeting the specifications described below.

    2See Notice of Antidumping Duty Order: Hand Trucks and Certain Parts Thereof From the People's Republic of China, 69 FR 70122 (December 2, 2004) (Order).

    Scope of Changed Circumstances Review

    The merchandise covered by this changed circumstances review is a multifunction cart that combines, among others, the capabilities of a wheelbarrow and dolly. The product comprises a steel frame that can be converted from vertical to horizontal functionality, two wheels toward the lower end of the frame and two removable handles near the top. In addition to a foldable projection edge in its extended position, it includes a permanently attached steel tub or barrow. This product is currently available under proprietary trade names such as the “Aerocart.”

    The scope of the Order will be modified to read as stated below.

    Scope of the Order

    The merchandise subject to this Order consists of hand trucks manufactured from any material, whether assembled or unassembled, complete or incomplete, suitable for any use, and certain parts thereof, namely the vertical frame, the handling area and the projecting edges or toe plate, and any combination thereof.

    A complete or fully assembled hand truck is a hand-propelled barrow consisting of a vertically disposed frame having a handle or more than one handle at or near the upper section of the vertical frame; at least two wheels at or near the lower section of the vertical frame; and a horizontal projecting edge or edges, or toe plate, perpendicular or angled to the vertical frame, at or near the lower section of the vertical frame. The projecting edge or edges, or toe plate, slides under a load for purposes of lifting and/or moving the load.

    That the vertical frame can be converted from a vertical setting to a horizontal setting, then operated in that horizontal setting as a platform, is not a basis for exclusion of the hand truck from the scope of this petition. That the vertical frame, handling area, wheels, projecting edges or other parts of the hand truck can be collapsed or folded is not a basis for exclusion of the hand truck from the scope of the petition. That other wheels may be connected to the vertical frame, handling area, projecting edges, or other parts of the hand truck, in addition to the two or more wheels located at or near the lower section of the vertical frame, is not a basis for exclusion of the hand truck from the scope of the petition. Finally, that the hand truck may exhibit physical characteristics in addition to the vertical frame, the handling area, the projecting edges or toe plate, and the two wheels at or near the lower section of the vertical frame, is not a basis for exclusion of the hand truck from the scope of the petition.

    Examples of names commonly used to reference hand trucks are hand truck, convertible hand truck, appliance hand truck, cylinder hand truck, bag truck, dolly, or hand trolley. They are typically imported under heading 8716.80.5010 of the Harmonized Tariff Schedule of the United States (HTSUS), although they may also be imported under heading 8716.80.5090. Specific parts of a hand truck, namely the vertical frame, the handling area and the projecting edges or toe plate, or any combination thereof, are typically imported under heading 8716.90.5060 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the Department's written description of the scope is dispositive.

    Excluded from the scope are small two-wheel or four-wheel utility carts specifically designed for carrying loads like personal bags or luggage in which the frame is made from telescoping tubular material measuring less than 5/8 inch in diameter; hand trucks that use motorized operations either to move the hand truck from one location to the next or to assist in the lifting of items placed on the hand truck; vertical carriers designed specifically to transport golf bags; and wheels and tires used in the manufacture of hand trucks.

    Excluded from the scope is a multifunction cart that combines, among others, the capabilities of a wheelbarrow and dolly. The product comprises a steel frame that can be converted from vertical to horizontal functionality, two wheels toward the lower end of the frame and two removable handles near the top. In addition to a foldable projection edge in its extended position, it includes a permanently attached steel tub or barrow. This product is currently available under proprietary trade names such as the “Aerocart.”

    Final Results of Changed Circumstances Review, and Revocation of the AD Order in Part

    At the request of Positec, and in accordance with sections 751(b)(1) and (d)(1) of the Act, 19 CFR 351.216, and 19 CFR 351.222(g)(1), the Department initiated a changed circumstances review of the Order on hand trucks from the PRC to determine whether partial revocation of the Order is warranted with respect to certain multifunction carts.3 In addition, we determined that expedited action is warranted and, consistent with 19 CFR 351.221(c)(3)(ii), we combined the notices of initiation and preliminary results.4 Based on the expression of no interest by Petitioners, which stated that they are producers accounting for substantially all of the production of the domestic like product in support of the Order,5 and absent any objections by other domestic interested parties, we preliminarily determined that substantially all of the domestic producers of the like product have no interest in the continued application of the AD Order on hand trucks from the PRC to the merchandise that is subject to Positec's request. Therefore, we preliminarily determined that partial revocation of the Order is appropriate. Accordingly, we notified the public of our intent to revoke, in part, the AD Order with respect to certain multifunction carts. We did not receive any comments from parties objecting to the partial revocation. Because all parties to the proceeding agree to the outcome of the review, we are issuing these final results of changed circumstances review within 45 days of initiation in accordance with 19 CFR 351.216(e).

    3See Initiation and Preliminary Results.

    4Id.

    5See Letter from Petitioners, “Hand Trucks and Certain Parts Thereof From the People's Republic of China: Petitioner's Statement That It Has No Interest In the WORX Aerocart Being Subject to the Order,” dated December 10, 2014 at 3.

    Therefore, in accordance with sections 751(d)(1) and 782(h) of the Act, and 19 CFR 351.222(g)(1)(i), the Department is partially revoking the AD Order on hand trucks from the PRC with respect to certain multifunction carts meeting the specifications described above. This partial revocation will be applied to entries of the certain multifunction cart entered or withdrawn from warehouse, for consumption, on or after December 1, 2012, which corresponds to the day following the last day of the most recently completed administrative review under the order.6

    6See Hand Trucks and Certain Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012, 79 FR 44008 (July 29, 2014).

    Instructions to U.S. Customs and Border Protection

    As we stated in our Initiation and Preliminary Results, we will instruct U.S. Customs and Border Protection to end the suspension of liquidation for the merchandise covered by the revocation on the effective date of this notice of revocation, in part, and to release any cash deposit or bond, pursuant to 19 CFR 351.222(g)(4).

    Notification

    This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.306. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation.

    This notice is published in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216(e), 351.221(b)(5), and 351.222(g).

    Dated: April 2, 2015. Paul Piquado Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-08112 Filed 4-7-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-836] Glycine From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2013-2014 AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on glycine from the People's Republic of China (the PRC) covering the period of review (POR) from March 1, 2013, through February 28, 2014. The administrative review covers two mandatory respondents, Baoding Mantong Fine Chemistry Co. Ltd. (Baoding Mantong) and Evonik Rexim (Nanning) Pharmaceutical Co., Ltd. (Evonik). The Department preliminarily finds that Baoding Mantong sold subject merchandise in the United States at prices below the normal value (NV) during the POR. The Department preliminarily determines that Evonik's sales to the United States were not bona fide and is preliminarily rescinding the review with respect to Evonik. Interested parties are invited to comment on these preliminary results.

    DATES:

    Effective Date: April 8, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Dena Crossland or Ericka Ukrow, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3362 or (202) 482-0405, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    On April 30, 2014, the Department initiated an administrative review of the antidumping duty Order1 on glycine from the PRC.2

    1See Antidumping Duty Order: Glycine from the People's Republic of China, 60 FR 16116 (March 29, 1995) (Order).

    2See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 79 FR 24398 (April 30, 2014).

    Scope of the Order

    The product covered by the antidumping duty order is glycine, which is a free-flowing crystalline material, like salt or sugar.3 The subject merchandise is currently classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) subheading 2922.49.4020. The HTSUS subheading is provided for convenience and customs purposes only; the written product description of the scope of the order is dispositive.4

    3See “Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Glycine from the People's Republic of China; 2013-2014” from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated concurrently with this notice (Preliminary Decision Memorandum), for a complete description of the scope of the order.

    4See Order.

    Methodology

    The Department is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The list of topics discussed in the Preliminary Decision Memorandum is provided as an Appendix to the notice. This memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content.

    Bona Fides Analysis

    As discussed in Evonik's Bona Fide Memorandum, the Department preliminarily finds that the sales by Evonik are not bona fide, and that these sales, and absence of factors-of-production (FOP) data, do not provide a reasonable or reliable basis for calculating a dumping margin.5 The Department reached this conclusion based on the totality of circumstances, namely: (a) The atypical nature of Evonik's price; and (b) the atypical circumstances surrounding its supplier's inability to provide FOP data. Because these non-bona fide sales were the only sales of subject merchandise that Evonik made during the POR, the Department is preliminarily rescinding its review of Evonik.

    5See Memorandum to Abdelali Elouaradia, Acting Director, Office VI, Antidumping and Countervailing Duty Operations, through Angelica Townshend, Program Manager, Office VI, Antidumping and Countervailing Duty Operations, from Ericka Ukrow, International Trade Compliance Analyst, Office VI, titled “Antidumping Duty Administrative Review of Glycine from the People's Republic of China; 2013-2014: Bona Fide Nature of Evonik Rexim (Nanning) Pharmaceutical Co., Ltd.'s Sales,” dated concurrently and hereby adopted by this notice (Evonik's Bona Fide Memorandum).

    Preliminary Results of Review

    The Department has preliminarily determined that the following dumping margin exists for the period March 1, 2013, through February 28, 2014:

    Exporter Dumping
  • margin
  • (percent)
  • Baoding Mantong Fine Chemistry Co. Ltd 784.48
    Disclosure and Public Comment

    The Department intends to disclose calculations performed for these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs no later than 30 days after the date of publication of these preliminary results of review.6 Rebuttal briefs, which must be limited to issues raised in the case briefs, must be filed within five days after the time limit for filing case briefs.7 A table of contents, list of authorities used, and an executive summary of issues should accompany any briefs submitted to the Department. This summary should be limited to five pages total, including footnotes.

    6See 19 CFR 351.309(c)(1)(ii).

    7See 19 CFR 351.309(d)(1)-(2).

    Any interested party may request a hearing within 30 days of the publication of this notice.8 Hearing requests should contain the following information: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral argument presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the date and time for the hearing to be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230.9

    8See 19 CFR 351.310(c).

    9See 19 CFR 351.310(d).

    The Department intends to issue the final results of this administrative review, which will include the results of our analysis of all issues raised in the briefs, within 120 days after the publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act.

    Assessment Rates

    Upon issuance of the final results of this review, the Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.10 The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. If we proceed to a final rescission of this administrative review, with respect to Evonik, then its entries will be assessed at the rate entered.11 For each individually examined respondent in this review whose weighted-average dumping margin in the final results of review is above de minimis (i.e., greater than or equal to 0.5 percent), the Department intends to calculate importer- (or customer)-specific assessment rates, in accordance with 19 CFR 351.212(b)(1).12 Where the respondent reported reliable entered values, the Department intends to calculate importer- (or customer-) specific ad valorem rates by aggregating the dumping margins calculated for all U.S. sales to the importer (or customer) and dividing this amount by the total entered value of the sales to the importer (or customer).13 Where the Department calculates an importer- (or customer-) specific weighted-average dumping margin by dividing the total amount of dumping for reviewed sales to the importer (or customer) by the total sales quantity associated with those transactions, the Department will direct CBP to assess importer- (or customer-)specific assessment rates based on the resulting per-unit rates.14 Where an importer- (or customer-) specific ad valorem or per-unit rate is greater than de minimis, the Department will instruct CBP to collect the appropriate duties at the time of liquidation. Where either the respondent's weighted average dumping margin is zero or de minimis, or an importer- (or customer-) specific ad valorem or per-unit rate is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.15

    10See 19 CFR 351.212(b)(1).

    11See 19 CFR 351.212(c)(2).

    12See Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) (Final Modification).

    13See 19 CFR 351.212(b)(1).

    14Id.

    15See Final Modification at 8103.

    On October 24, 2011, the Department announced a refinement to its assessment practice in non-market economy antidumping duty cases.16 Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales database submitted by an exporter individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. Additionally, pursuant to this refinement, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the PRC-wide rate.

    16See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full discussion of this practice.

    In accordance with section 751(a)(2)(C) of the Act, the final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.

    Cash Deposit Requirements

    The following cash deposit requirements, when imposed, will apply to all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) For the companies listed above that have a separate rate, the cash deposit rate will be that rate established in the final results of this administrative review (except, if the rate is zero or de minimis, then a zero cash deposit will be required); (2) for any previously reviewed or investigated PRC and non-PRC exporter not listed above that received a separate rate in a previous segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate published for the most recently completed period; (3) for all PRC exporters that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity (i.e., 453.79 percent); 17 18 and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied the non-PRC exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice.

    17See Glycine From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012, 78 FR 20891 (April 8, 2013).

    18 The Department's change in policy regarding conditional review of the PRC-wide entity applies to this administrative review. See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). Under this policy, the PRC-wide entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. Because no party requested a review of the PRC-wide entity in this review, the entity is not under review and the entity's rate is not subject to change.

    Notification to Importers

    This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: March 31, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Discussion of the Methodology 5. Bona Fides Inquiry 6. Non-Market Economy Country Status 7. Separate Rates Determination A. Absence of De Jure Control B. Absence of De Facto Control 8. The PRC-Wide Entity 9. Surrogate Country A. Economic Comparability B. Significant Producer of Comparable Merchandise C. Data Availability 10. Date of Sale 11. Fair Value Comparisons A. Export Price B. Value-Added Tax C. Normal Value 12. Factor Valuation Methodology A. ME Prices B. Surrogate Values 13. Comparisons to Normal Value A. Determination of Comparison Method B. Results of the Differential Pricing Analysis 14. Currency Conversion 15. Recommendation
    [FR Doc. 2015-07952 Filed 4-7-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-909] Certain Steel Nails from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013 AGENCY:

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

    SUMMARY:

    The Department of Commerce (“Department”) published the Preliminary Results of the fifth administrative review of certain steel nails (“nails”) from the People's Republic of China (“PRC”) on September 30, 2014.1 We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculations for these final results. The final dumping margins are listed below in the “Final Results of the Administrative Review” section of this notice. The period of review (“POR”) is August 1, 2012, through July 31, 2013.

    1See Certain Steel from the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2012-2013, 79 FR 58744 (September 30, 2014) (“Preliminary Results”), and accompanying Preliminary Decision Memorandum.

    DATES:

    Effective Date: April 8, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Matthew Renkey or Susan Pulongbarit, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202-482-2312 or 202-482-4031, respectively.

    SUPPLEMENTARY INFORMATION: Background

    The Department published the Preliminary Results on September 30, 2014.2 On February 9, 2015, we released the sales and factors of production (“FOP”) verification reports for Stanley.3 Between February 12 and February 24, 2015, interested parties submitted case and rebuttal briefs. On January 20, 2015, the Department extended the deadline for the final results to March 30, 2015.4

    2See Preliminary Results.

    3 The Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & Decker, Inc. (collectively “Stanley”); see the memoranda to the file “Verification of the Questionnaire Responses of Stanley Black & Decker, Inc. (“SBD”) in the 2012-2013 Antidumping Duty Review of Certain Steel Nails from the People's Republic of China (“PRC”),” and Verification of the Questionnaire Responses of The Stanley Works (Langfang) Fastening Systems Co., Ltd. (“Stanley Langfang”) in the 2012-2013 Antidumping Duty Review of Certain Steel Nails from the People's Republic of China (“PRC”), both dated February 9, 2015.

    4See Memorandum to Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, through James C. Doyle, Director, Office V, Antidumping and Countervailing Duty Operations from Matthew Renkey, Senior International Trade Compliance Analyst, Office V, Antidumping and Countervailing Duty Operations regarding Certain Steel Nails from the People's Republic of China: Extension of Deadline for Final Results of Antidumping Duty Administrative Review, dated January 20, 2015.

    Scope of the Order

    The merchandise covered by the order includes certain steel nails having a shaft length up to 12 inches. Certain steel nails subject to the order are currently classified under the Harmonized Tariff Schedule of the United States (“HTSUS”) subheadings 7317.00.55, 7317.00.65, 7317.00.75, and 7907.00.6000.5 While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive.6

    5 The Department recently added the Harmonized Tariff Schedule category 7907.00.6000, “Other articles of zinc: Other,” to the language of the Order. See Memorandum to Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, through James C. Doyle, Director, Office 9, Antidumping and Countervailing Duty Operations, regarding “Certain Steel Nails from the People's Republic of China: Cobra Anchors Co. Ltd. Final Scope Ruling,” dated September 19, 2013.

    6See “Certain Steel Nails from the People's Republic of China: Issues and Decision Memorandum for the Final Results of the Fifth Antidumping Duty Administrative Review,” dated concurrently with and hereby adopted by this notice (“Issues and Decision Memorandum”), for a complete description of the Scope of the Order.

    Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in this review are addressed in the Issues and Decision Memorandum. A list of the issues which parties raised is attached to this notice as an appendix. The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit (“CRU”), Room 7046 of the main Department of Commerce building, as well as electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”).7 ACCESS is available to registered users at http://access.trade.gov and in the CRU. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content.

    7 On November 24, 2014, Enforcement and Compliance changed the name of its centralized electronic service system to ACCESS. The Web site location was changed from http://iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the centralized electronic service system to ACCESS in the Department's regulations can be found at 79 FR 69046 (November 20, 2014).

    Changes Since the Preliminary Results

    Based on a review of the record and comments received from interested parties regarding our Preliminary Results, and for the reasons explained in the Issues and Decision Memorandum, we revised the margin calculation for Stanley. Accordingly, for the final results, the Department has updated the margin to be assigned to companies eligible for a separate rate as the weighted average of the revised calculated margins of the mandatory respondents.8 The Surrogate Values Memo contains further explanation of our changes to the surrogate values selected for Stanley's and Xi'an Metals & Minerals Import & Export Co. Ltd.'s (“Xi'an Metals”) factors of production.9

    8See Preliminary Results.

    9See Memorandum to the File, through Scot T. Fullerton, Program Manager, Office V, Enforcement and Compliance, from Susan Pulongbarit, Senior International Trade Analyst, Office V, Enforcement and Compliance, regarding Fifth Antidumping Administrative Review of Certain Steel Nails from the People's Republic of China: Surrogate Values for the Final Results, dated concurrently with and hereby adopted by this notice (Surrogate Values Memo).

    Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined that Besco Machinery Industry (Zhejiang) Co., Ltd., Certified Products International Inc. (“CPI”), Hebei Cangzhou New Century Foreign Trade Co., Ltd. (“New Century”), Huanghua Xionghua Hardware Products Co., Ltd., Jining Huarong Hardware Products Co., Ltd., Shandong Oriental Cherry Hardware Import & Export Co., Ltd., Shanghai Jade Shuttle Hardware Tools Co., Ltd., Shanghai Tengyu Hardware Tools Co., Ltd., Tianjin Jinchi Metal Products Co., Ltd., and Zhejiang Gem-Chun Hardware Accessory Co., Ltd. did not have any reviewable transactions during the POR.10 Consistent with the Department's refinement to its assessment practice in non-market economy (“NME”) cases, we completed the review with respect to the above-named companies.11 With respect to New Century, we obtained information from CBP indicating that it had reviewable transactions during the POR, which contradicts its no-shipment certification. Consequently, the Department is now treating New Century as part of the PRC-wide entity for the final results. For a full discussion of our findings and determination with respect to New Century, see the Issues and Decision Memorandum at Comment 10. Based on the certifications submitted by the remaining aforementioned companies, and our analysis of CBP information, we continue to determine that these companies did not have any reviewable transactions during the POR. As noted in the “Assessment Rates” section below, the Department intends to issue appropriate instructions to CBP for the above-named companies based on the final results of the review.

    10See Preliminary Results. In those Preliminary Results, Jining Huarong Hardware Products Co., Ltd. and Shandong Oriental Cherry Hardware Import & Export Co., Ltd. were inadvertently identified as part of the PRC-wide entity instead of companies reporting no shipments during the POR in the appendix to the Preliminary Decision Memorandum. We are correcting this error for the final results. See the Issues and Decision Memorandum at “Additional Correction of Clerical Errors.”

    11See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).

    Final Results of the Review

    The weighted-average dumping margins for the final results of this administrative review are as follows: 12 13

    12 In the Preliminary Results, the Department inadvertently excluded Shandong Oriental Cherry Hardware Group Co., Ltd., in identifying companies establishing eligibility for a separate rate. We are correcting this error for the final results. See the Issues and Decision Memorandum at “Additional Correction of Clerical Errors.”

    13 The PRC-wide entity now includes New Century. See Appendix to the Issues and Decision Memorandum accompanying this notice for a list of the companies receiving the PRC-wide rate.

    Exporter Weighted-
  • average
  • margin
  • (percent)
  • Stanley 13.19 Xi'an Metals 72.52 Chiieh Yung Metal Ind. Corp 16.62 Dezhou Hualude Hardware Products Co., Ltd 16.62 Huanghua Jinhai Hardware Products Co. Ltd 16.62 Nanjing Yuechang Hardware Co., Ltd 16.62 Qingdao D&L Group Ltd 16.62 Qingdao JISCO Co., Ltd 16.62 SDC International Aust. PTY. LTD 16.62 Shandong Dinglong Import & Export Co., Ltd 16.62 Shandong Oriental Cherry Hardware Group Co., Ltd 12 16.62 Shanghai Curvet Hardware Products Co., Ltd 16.62 Shanghai Yueda Nails Industry Co., Ltd 16.62 Shanxi Hairui Trade Co., Ltd 16.62 Shanxi Pioneer Hardware Industrial Co., Ltd 16.62 Shanxi Tianli Industries Co., Ltd 16.62 S-Mart (Tianjin) Technology Development Co., Ltd 16.62 Suntec Industries Co., LTD 16.62 Tianjin Jinghai County Hongli Industry and Business Co., Ltd 16.62 Tianjin Lianda Group Co., Ltd 16.62 Tianjin Universal Machinery Imp. & Exp. Corporation 16.62 Tianjin Zhonglian Metals Ware Co., Ltd 16.62 PRC-Wide Entity 13 118.04
    Disclosure

    The Department will disclose calculations performed for these final results to the parties within five days of the date of publication of this notice, in accordance with section 351.224(b) of the Department's regulations.

    Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as amended (“the Act”) and 19 CFR 351.212(b), the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this administrative review.

    For assessment purposes, where the respondent reported reliable entered values, we calculated importer (or customer)-specific assessment rates for merchandise subject to this review. We will continue to direct CBP to assess importer-specific assessment rates based on the resulting per-unit (i.e., per kilogram (kg)) rates by the weight in kgs of each entry of the subject merchandise during the POR. Specifically, we calculated importer-specific duty assessment rates on a per-unit rate basis by dividing the total dumping margins (calculated as the difference between normal value and export price, or constructed export price) for each importer by the total sales quantity of subject merchandise sold to that importer during the POR.14 If an importer (or customer)-specific assessment rate is de minimis (i.e., less than 0.50 percent), the Department will instruct CBP to assess that importer (or customer's) entries of subject merchandise without regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2).

    14See 19 CFR 351.212(b)(1).

    The Department announced a refinement to its assessment practice in NME cases. Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. In addition, if the Department determines that an exporter had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number will be liquidated at the PRC-wide rate.15

    15See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also Preliminary Decision Memorandum, at 4-5.

    The Department determines that Besco Machinery Industry (Zhejiang) Co., Ltd., Certified Products International Inc. (“CPI”), Huanghua Xionghua Hardware Products Co., Ltd., Jining Huarong Hardware Products Co., Ltd., Shandong Oriental Cherry Hardware Import & Export Co., Ltd. (“Oriental Cherry”), Shanghai Jade Shuttle Hardware Tools Co., Ltd., Shanghai Tengyu Hardware Tools Co., Ltd., Tianjin Jinchi Metal Products Co., Ltd., and Zhejiang Gem-Chun Hardware Accessory Co., Ltd. did not have any reviewable transactions during the POR. As a result, any suspended entries that entered under these exporters' case numbers (i.e., at that exporter's rate) will be liquidated at the PRC-wide rate.

    Cash Deposit Requirements

    The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be the rate established in the final results of review (except, if the rate is zero or de minimis, i.e., less than 0.5 percent, a zero cash deposit rate will be required for that company); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 118.04 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that non-PRC exporter. The deposit requirements, when imposed, shall remain in effect until further notice.

    Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

    Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

    We are issuing and publishing these administrative reviews and notice in accordance with sections 751(a)(l) and 777(i) of the Act.

    Dated: March 30, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues Comment 1: Selection of the Surrogate Country Comment 2: Steel Wire Rod SV Source Comment 3: Which HTS Categories to Use for the SV for Steel Wire Rod Comment 4: Treatment of Two Labor-Related Line Items in the Financial Ratio Calculations Comment 5: Brokerage and Handling Comment 6: Letter of Credit Adjustment Comment 7: Consideration of an Alternative Comparison Method in Administrative Reviews Comment 8: Withdrawal of the Regulatory Provisions Governing Targeted Dumping in Less-than-Fair-Value Investigations Comment 9: Application of the Differential Pricing Analysis Comment 10: Hebei Cangzhou New Century Foreign Trade Co., Ltd.'s Status as a No Shipments Company Comment 11: Correction of a Clerical Error in Not Listing Tianjin Lianda as a Separate Rate Company Comment 12: SV for Stanley's Plastic Beads Comment 13: SV for Stanley's Chromate, Chromium Trioxide Comment 14: SV for Stanley's Thermal Transfer Ribbon Comment 15: Use of Customer Code or Common Customer Code in the Cohen's d Test to Identify the Purchaser in Stanley's Margin Program Comment 16: Stanley's Use of Steam and Gasoline Comment 17: Scrap Offset for Stanley's Toller A Comment 18: Scrap Offset for Stanley's Toller B Comment 19: Correction of a Ministerial Error Pertaining to Freight Revenue in Stanley's Margin Calculation Program Comment 20: Usage Rates for Three Chemical Inputs Used by Toller A in the Pickling and Phosphating Process Recommendation
    [FR Doc. 2015-08101 Filed 4-7-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket Number: 150218152-5152-01] Request for Information on Quantum Information Science and the Needs of U.S. Industry AGENCY:

    National Institute of Standards and Technology, U.S. Department of Commerce.

    ACTION:

    Notice; Request for Information (RFI).

    SUMMARY:

    The National Institute of Standards and Technology (NIST) requests information about the broader needs of the industrial community in the area of quantum information science (QIS). NIST requests this information through its role in the Interagency Working Group on Quantum Information Science of the National Science and Technology Council (NSTC) Committee on Science (CoS) Subcommittee on Physical Sciences (PSSC). NIST seeks input from stakeholders regarding opportunities for research and development, emerging market areas, barriers to near-term and future applications, and workforce needs. The information received in response to this RFI will inform and be considered by the Interagency Working Group making recommendations for the development and coordination of U.S. Government policies, programs, and budgets to advance U.S. competitiveness in QIS.

    DATES:

    Comments must be received by 5:00 p.m. Eastern time on May 8, 2015. Written comments in response to the RFI should be submitted according to the instructions in the SUPPLEMENTARY INFORMATION section below.

    ADDRESSES:

    Written comments may be submitted only by email to Dr. Claire Cramer at [email protected] in any of the following formats: ASCII; Word; RTF; or PDF. Please include your name, organization's name (if any), and cite “Quantum Information Science Industry RFI” in the subject line of all correspondence. All comments will be made publicly available at http://www.nist.gov/pml/div684/posted-comments-for-rfi.cfm as submitted. Accordingly, proprietary or confidential information should not be included in any comments, as they will be posted without change.

    FOR FURTHER INFORMATION CONTACT:

    For further information contact Gail Newrock, Carl Williams, or Claire Cramer by email at [email protected], or Gail Newrock by phone at (301) 975-3200. Please direct media inquiries to NIST's Office of Public Affairs at (301) 975-2762.

    SUPPLEMENTARY INFORMATION:

    Twenty years of research and development work in QIS is producing the first niche applications, and there is an increasing level of international activity in the field. The Interagency Working Group in QIS was chartered in October 2014 to develop and coordinate policies, programs, and budgets for QIS research and development to create the scientific basis, infrastructure, future technical workforce, and intellectual property that will be required to address agency missions and secure future U.S. competitiveness in quantum information science. The Interagency Working Group includes participants from the Departments of Commerce, Defense, and Energy; the Office of the Director of National Intelligence; and the National Science Foundation.

    NIST seeks input from stakeholders regarding opportunities for research and development, emerging market areas, barriers to near-term and future applications, and workforce needs. The information received in response to this RFI will inform and be considered by the Interagency Working Group making recommendations for the development and coordination of U.S. Government policies, programs, and budgets to advance U.S. competitiveness in QIS.

    Written comments may be submitted only by email to Dr. Claire Cramer at [email protected] in any of the following formats: ASCII; Word; RTF; or PDF. Please include your name, organization's name (if any), and cite “Quantum Information Science Industry RFI” in the subject line of all correspondence.

    Request for Information: The objective of this request for information is to inform the Interagency Working Group making recommendations for the development and coordination of U. S. Government policies, programs, and budgets to advance U.S. competitiveness in QIS. The questions below are intended to assist in the formulation of comments and should not be construed as a limitation on the number of comments that interested persons may submit or as a limitation on the issues that may be addressed in such comments. Comments containing references, studies, research, and other empirical data that are not widely published should include copies of the referenced materials. Again, note that all comments will be made publicly available as submitted; therefore proprietary or confidential information should not be included. NIST is specifically interested in receiving input pertaining to one or more of the following questions:

    (1) Opportunities

    Quantum information science includes, for example, quantum computing and processing, quantum algorithms and programming languages, quantum communications, quantum sensors, quantum devices, single photon sources, and detectors. What areas of pre-competitive QIS research and development appear most promising? What areas should be the highest priorities for Federal investment? What are the emerging frontiers? What methods of monitoring new developments are most effective?

    (2) Market Areas and Applications

    The 2009 “Federal Vision for Quantum Information Science” 1 identified exciting new possibilities for QIS impact, including mineral exploration, medical imaging, and quantum computing. Now, six years later, what market areas do you think would most benefit from quantum information science?

    1http://www.nist.gov/pml/div684/upload/FederalVisionQIS.pdf.

    (3) Barriers

    Funding levels and mechanisms, technology, dissemination of information, and technology transfer are some of the potential barriers to adoption of QIS technology. What do you see as the greatest barriers to advancing important near-term and future applications of QIS? What should be done to address these barriers?

    (4) Workforce Needs

    Addressing opportunities in QIS and barriers to applications requires a workforce spanning many disciplines, ranging from computer science and information theory to atomic scale manipulation of materials, and possessing a range of knowledge and skills. What knowledge and skills are most important for a workforce capable of addressing the opportunities and barriers? In what areas is the current workforce strong, and in what areas is it weak? What are the best mechanisms for equipping workers with the needed knowledge and skills?

    Richard R. Cavanagh, Acting Associate Director for Laboratory Programs.
    [FR Doc. 2015-08011 Filed 4-7-15; 8:45 am] BILLING CODE 3510-13-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD873 Endangered and Threatened Species; Take of Anadromous Fish AGENCY:

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

    ACTION:

    Application for one new scientific research permit.

    SUMMARY:

    Notice is hereby given that NMFS has received a permit application request for a new scientific research permit. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management, conservation, and recovery efforts. The application may be viewed online at: https://apps.nmfs.noaa.gov/preview/preview_open_for_comment.cfm.

    DATES:

    Comments or requests for a public hearing on the application must be received at the appropriate address or fax number (see ADDRESSES) no later than 5 p.m. Pacific standard time on May 8, 2015.

    ADDRESSES:

    Written comments on the application should be submitted to the Protected Resources Division, NMFS, 777 Sonoma Avenue, Room 325, Santa Rosa, CA 95404. Comments may also be submitted via fax to 707-578-3435 or by email to [email protected] (include the permit number in the subject line of the fax or email).

    FOR FURTHER INFORMATION CONTACT:

    Jeffrey Jahn, Santa Rosa, CA (ph.: 707-575-6097), Fax: 707-578-3435, email: [email protected]). Permit application instructions are available from the address above, or online at https://apps.nmfs.noaa.gov.

    SUPPLEMENTARY INFORMATION:

    Species Covered in This Notice

    The following listed species are covered in this notice:

    Chinook salmon (Oncorhynchus tshawytscha): threatened Snake River spring/summer-run (SR spr/sum); threatened Lower Columbia River (LCR); threatened California Coastal (CC); threatened Central Valley spring-run (CVSR), endangered Sacramento River winter-run (SRWR).

    Coho salmon (O. kisutch): threatened Southern Oregon/Northern California Coast (SONCC); endangered Central California Coast (CCC).

    Steelhead (O. mykiss): threatened Northern California (NC); threatened Central California Coast (CCC), threatened California Central Valley (CCV).

    Authority

    Scientific research permits are issued in accordance with section 10(a)(1)(A) of the ESA (16 U.S.C. 1531 et seq.) and regulations governing listed fish and wildlife permits (50 CFR parts 222-227). NMFS issues permits based on findings that such permits: (1) Are applied for in good faith; (2) if granted and exercised, would not operate to the disadvantage of the listed species that are the subject of the permit; and (3) are consistent with the purposes and policy of section 2 of the ESA. The authority to take listed species is subject to conditions set forth in the permits.

    Anyone requesting a hearing on an application listed in this notice should set out the specific reasons why a hearing on that application would be appropriate (see ADDRESSES). Such hearings are held at the discretion of the Assistant Administrator for Fisheries, NMFS.

    Application Received Permit 19320

    The NMFS Southwest Fisheries Science Center (SWFSC), Fisheries Ecology Division (FED) is requesting a permit to annually take sub-adult and juvenile listed salmon and steelhead for a period of five years. The permit would authorize research designed to (1) determine the inter-annual and seasonal variability in growth, feeding, and energy status among juvenile salmonids in the coastal ocean off northern and central California; (2) determine migration paths and spatial distribution among genetically distinct salmonid stocks during their early ocean residence; (3) characterize the biological and physical oceanographic features associated with juvenile salmon ocean habitat from the shore to the continental shelf break; (4) identify potential links between coastal geography, oceanographic features, and salmon distribution patterns; and (5) identify and test ecological indices for salmon survival. This research would benefit listed fish by informing comprehensive lifecycle models that incorporate both freshwater and marine conditions and recognize the relationship between the two habitats; it would also identify and predict sources of salmon mortality at sea and thereby help managers develop indices of salmonid survival in the marine environment.

    Listed fish would be captured primarily via surface trawling, however midwater trawling and beach seining would be used occasionally. Sub-adult salmonids (i.e., fish larger than 250 mm) that survive capture would have fin tissue and scale samples taken, and then be released. Any subadult salmonids that do not survive capture, and all juvenile salmonids (i.e., fish larger than 80 mm but less than 250 mm) would be lethally sampled (i.e., intentional directed mortality) in order to collect (1) otoliths for age and growth studies; (2) coded wire tags for origin and age of hatchery fish; (3) muscle tissue for stable isotopes and/or lipid assays; (4) stomachs and contents for diet studies; and (5) other tissues including the heart, liver, intestines, pyloric caeca, and kidney for special studies upon request.

    This notice is provided pursuant to section 10(c) of the ESA. NMFS will evaluate the applications, associated documents, and comments submitted to determine whether the applications meet the requirements of section 10(a) of the ESA and Federal regulations. The final permit decisions will not be made until after the end of the 30-day comment period. NMFS will publish notice of its final action in the Federal Register.

    Dated: April 2, 2015. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2015-07945 Filed 4-7-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD413 Pacific Island Fisheries; Marine Conservation Plan for American Samoa AGENCY:

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

    ACTION:

    Notice of agency decision.

    SUMMARY:

    NMFS announces approval of a marine conservation plan (MCP) for American Samoa.

    DATES:

    This agency decision is effective from April 1, 2015, through March 31, 2018.

    ADDRESSES:

    You may obtain a copy of the MCP, identified by NOAA-NMFS-2014-0095, from the Federal e-Rulemaking Portal, www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0095, or from the Western Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-522-8220, www.wpcouncil.org.

    FOR FURTHER INFORMATION CONTACT:

    Bob Harman, Sustainable Fisheries, NMFS Pacific Islands Regional Office, 808-725-5170.

    SUPPLEMENTARY INFORMATION:

    Section 204(e) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) authorizes the Secretary of State, with the concurrence of the Secretary of Commerce (Secretary) and in consultation with the Council, to negotiate and enter into a Pacific Insular Area fishery agreement (PIAFA). A PIAFA would allow foreign fishing within the U.S. Exclusive Economic Zone (EEZ) adjacent to American Samoa, Guam, or the Northern Mariana Islands with the concurrence of, and in consultation with, the Governor of the Pacific Insular Area to which the PIAFA applies. Before entering into a PIAFA, the appropriate Governor, with the concurrence of the Council, must develop a 3-year MCP providing details on uses for any funds collected by the Secretary under the PIAFA.

    The Magnuson-Stevens Act requires payments received under a PIAFA to be deposited into the United States Treasury and then conveyed to the Treasury of the Pacific Insular Area for which funds were collected. In the case of violations by foreign fishing vessels in the EEZ around any Pacific Insular Area, amounts received by the Secretary attributable to fines and penalties imposed under the Magnuson-Stevens Act, including sums collected from the forfeiture and disposition or sale of property seized subject to its authority, shall be deposited into the Treasury of the Pacific Insular Area adjacent to the EEZ in which the violation occurred, after direct costs of the enforcement action are subtracted. The government may use funds deposited into the Treasury of the Pacific Insular Area for fisheries enforcement and for implementation of an MCP.

    An MCP must be consistent with the Council's fishery ecosystem plans, must identify conservation and management objectives (including criteria for determining when such objectives are met), and must prioritize planned marine conservation projects. Although no foreign fishing is being considered at this time, at its 160th meeting held June 24-27, 2014, in Honolulu, the Council reviewed and approved the MCP for American Samoa and recommended its submission to the Secretary for approval. On March 16, 2015, the Governor of American Samoa submitted the MCP to NMFS, the designee of the Secretary, for review and approval.

    The American Samoa MCP contains six conservation and management objectives, listed below. Please refer to the MCP for planned projects and activities designed to meet each objective, the evaluative criteria, and priority rankings.

    MCP Objectives

    1. Maximize social and economic benefits through sustainable fisheries development.

    2. Support quality scientific research to assess and manage fisheries.

    3. Promote an ecosystem approach in fisheries management, reduce waste in fisheries and minimize interactions between fisheries and protected species.

    4. Recognize the importance of island culture and traditional fishing in managing fishery resources and foster opportunities for participation.

    5. Promote education and outreach activities and regional collaboration regarding fisheries conservation.

    6. Encourage development of technologies and methods to achieve the most effective level of enforcement and to ensure safety at sea.

    This notice announces that NMFS has determined that the American Samoa MCP satisfies the requirements of the Magnuson-Stevens Act and approves the MCP for the 3-year period from April 1, 2015, through March 31, 2018. This MCP supersedes the one approved for the period August 11, 2012, through August 10, 2015 (77 FR 58813, September 24, 2012).

    Dated: April 3, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-08070 Filed 4-7-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD885 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits AGENCY:

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

    ACTION:

    Notice; request for comments.

    SUMMARY:

    The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that an exempted fishing permit application contains all of the required information and warrants further consideration. This exempted fishing permit would allow up to three commercial fishing vessels to conduct exploratory fishing in year-round groundfish closed areas (Closed Areas I and II) for the purposes of obtaining fisheries dependent catch information. This research is being conducted by Atlantic Trawlers Fishing, Inc.

    Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed exempted fishing permits.

    DATES:

    Comments must be received on or before April 23, 2015.

    ADDRESSES:

    You may submit written comments by any of the following methods:

    • Email [email protected] Include in the subject line “Comments on Exploratory Closed Area Fishing EFP.”

    • Mail: John K. Bullard, Regional Administrator, NMFS, NE Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope “Comments on Closed Area Exploratory Fishing EFP.”

    FOR FURTHER INFORMATION CONTACT:

    Brett Alger, Fisheries Management Specialist, 978-675-2153, [email protected]

    SUPPLEMENTARY INFORMATION:

    In a 2014 proposed rule for Northeast Multispecies Sectors that would have allowed vessels using selective trawl gear into portions of year-round Georges Bank (GB) groundfish closed areas (CAs) I and II, we announced interest in gathering catch data from these areas through exempted fishing permits (EFPs) (79 FR 14639, March 17, 2014). Because many of these areas have been closed to groundfish bottom trawling for nearly 20 years, fisheries dependent data collected through an EFP would help inform whether to allow conditional access to CAs I and II to sector vessels through the sector exemption process. Data from vessels operating under an EFP may be used to characterize catch rates of target and non-target species in the CAs, as well as help inform industry on the economic feasibility of industry-funded monitoring for trips into CAs I and II.

    In April 2014, we announced our intention to issue an EFP to Atlantic Trawlers Fishing, Inc. (79 FR 23940, April 29, 2014). In May 2014, an EFP was issued that authorized vessels to fish inside portions of groundfish CA I and CA II during specified times of the fishing year. For more details on the original application and objectives of this EFP, reference last year's notice or visit http://www.greateratlantic.fisheries.noaa.gov/mediacenter/2014/EFPsgroundfish_closed_areas.html. Additionally, for preliminary catch information from Atlantic Trawlers Fishing, Inc., visit http://www.greateratlantic.fisheries.noaa.gov/aps/monitoring/nemultispecies.html.

    Due to several factors, including catch rates, time and area access to CAs I and II, and weather, only 12 trips were taken under the EFP in fishing year 2014. Because there were a limited amount of trips and, therefore, not enough information to make a determination on whether or not to approve access to CAs I and II through the sector exemption process, we did not approve access for sectors in fishing year 2014. Additionally, we did not propose to allow sector vessels access to CAs I and II for fishing year 2015 (80 FR 12380, March 19, 2015), however, Atlantic Trawlers Fishing, Inc., has requested an EFP renewal for fishing year 2015 to continue collecting data under the same exemptions as their previous EFP.

    Atlantic Trawlers Fishing, Inc., seeks to address five objectives as follows: (1) Generate data on the composition of catch, including presence and absence of target (e.g., GB haddock) and non-target species; (2) test the effectiveness of utilizing gear comparable to the Canadian haddock fishery on GB (e.g., haddock separator trawl with 5.1-inch (13-cm) square mesh codend) to improve haddock selectivity, catch ratios, and improved annual catch limit (ACL) utilization rates; (3) collect data to examine the economic feasibility of an industry funded monitoring program for CA trips; (4) test the effectiveness of providing access to portions of the existing CAs for improving utilization rates of GB haddock; and (5) collect information from CAs I and II so that we may conduct analyses to determine whether fishing can be allowed at a level of observer coverage of less than 100 percent, should an exemption be considered and approved.

    To fulfill these objectives, three vessels would be allowed to use nets with either a haddock separator trawl or a Ruhle trawl, fitted with either a 6-inch (15.2-cm) diamond mesh codend (currently allowed in the fishery) or a 5.1-inch (13-cm) square mesh codend (not currently allowed in the fishery). The applicant claims that the 5.1-inch (13-cm) square mesh codend will improve their ability to target legal-size haddock while maintaining the ability to filter out small non-target catch, including sub-legal haddock. Preliminary results indicate that the two codends have similar selectivity characteristics, but additional replicates are needed. In addition, for sampling purposes, vessels would be authorized to temporarily retain sub-legal fish, and fish in excess of possession limits. All undersized fish and fish in excess of possession limits would be discarded as soon as practicable following data collection. All three vessels would be accompanied by a technician with an at-sea monitor certification and equipped with echo sounders that operate on multiple frequencies, which provide the capability of revealing fish size distribution and bottom hardness.

    For CA I, vessels would have access from May 1, 2015, through February 15, 2016, but would not be given access to areas within CA I that are existing Habitat Management Areas. Additionally, vessels would not be given access to areas that are Habitat Management Area alternatives contained in the Council's draft Omnibus Habitat Amendment as of April 30, 2015. We have raised concerns about spawning of groundfish in CA I from January 1 to February 15, but Atlantic Trawlers Fishing, Inc., has requested access for this period to collect information to address questions about spawning fish.

    For CA II, vessels would have access from May 1, 2015, through June 15, 2015, and then from November 1, 2015, through February 15, 2016, but would not be given access to areas within CA II that are existing Habitat Management Areas. Additionally, vessels would not be given access to areas that are Habitat Management Area alternatives contained in the Council's draft Omnibus Habitat Amendment as of April 30, 2015. Similar to CA I, we have raised concerns about spawning of groundfish in CA II from January 1 to February 15, but Atlantic Trawlers Fishing, Inc., has requested access for this period to collect information to address questions about spawning fish. The dates for CA II access reflect an agreement between sector trawl fishermen and the lobster industry to avoid gear conflicts. Atlantic Trawlers Fishing, Inc., would not access portions of CA II from June 15 through November 1, the time period that the lobster industry is allowed access.

    Atlantic Trawlers Fishing, Inc., requests issuance of the EFP for the entire fishing year in order to use a smaller mesh codend throughout the year, but access to the closed areas would be for only portions of the year. Fishing effort under the EFP would be heavily dependent upon operational decisions dictating whether to fish within CAs I and II, as compared to outside the areas. As previously described, Atlantic Trawlers Fishing, Inc., has stated that the directed haddock fishery is highly dynamic and requires a high degree of mobility. If approved, the three participating vessels would focus on the directed haddock fishery throughout the study period, and make tows both inside and outside the CAs on the same trip. Vessel tow duration would vary from 30 minutes to 3 hours, and tow time and speed would be at the discretion of the vessel operator. However, in order to conduct statistical comparisons between meshes or areas, the vessels would be required to conduct some tows in a specific sequence and for a specified amount of time. While this may be disruptive to the commercial enterprise, it would ensure that codend comparison data are representative of the fishery and can be used to inform any potential future management decisions. Trawling would occur up to 18 hours per fishing day, an average trip would last seven days (five days fishing and two days steaming), and there would be an average of three trips total, per month. Under the EFP in fishing year 2014, this would have resulted in approximately 72 trips, however, Atlantic Trawlers Fishing, Inc., only took the 12 trips. Under the renewed EFP, vessels would be limited to the remaining amount of trips (i.e., 60), but anticipate taking far fewer than that amount.

    All legal sized fish will be landed and sold with all proceeds retained by the vessel owner. All three vessels are members of the Sustainable Harvest Sector (SHS) and all catch of allocated stocks (e.g., haddock, cod) would be accounted for under the annual catch entitlements (ACEs) of the SHS. If the SHS exceeds its ACE for an allocated stock, it would need to lease in additional ACE in order to continue fishing.

    If approved, Atlantic Trawlers Fishing, Inc., may request minor modifications and extensions to the EFP throughout the year. EFP modifications and extensions may be granted without further notice if they are deemed essential to facilitate completion of the proposed research and have minimal impacts that do not change the scope or impact of the initially approved EFP request. Any fishing activity conducted outside the scope of the exempted fishing activity would be prohibited.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 3, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-08056 Filed 4-7-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD882 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the South Atlantic States; Amendment 36 AGENCY:

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

    ACTION:

    Notice of Intent (NOI) to prepare a draft environmental impact statement (DEIS); request for comments; notice of scoping meetings.

    SUMMARY:

    NMFS, Southeast Region, in collaboration with the South Atlantic Fishery Management Council (Council), intends to prepare a DEIS to describe and analyze a range of alternatives for management actions to be included in Amendment 36 to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 36). Amendment 36 will consider alternatives to implement special management zones (SMZs). The purpose of this NOI is to solicit public comments on the scope of issues to be addressed in the DEIS and to announce scoping meetings.

    DATES:

    Written comments on the scope of issues to be addressed in the DEIS will be accepted until May 8, 2015.

    ADDRESSES:

    You may submit comments on the NOI identified by “NOAA-NMFS-2015-0050” by either of the following methods:

    Electronic submissions: Submit electronic comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0050, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: Submit written comments to Rick DeVictor, NMFS Southeast Regional Office (SERO), 263 13th Avenue South, St. Petersburg, FL 33701.

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

    FOR FURTHER INFORMATION CONTACT:

    Rick DeVictor, NMFS SERO, telephone: 727-824-5305, or email: [email protected]. Kim Iverson, Public Information Officer, South Atlantic Fisheries Management Council, 4055 Faber Place Drive,Suite 201, North Charleston, SC 29405; telephone: 843-571-4366, or email: [email protected]

    SUPPLEMENTARY INFORMATION:

    In 1983, the Council and NMFS established a procedure under the FMP for the Snapper-Grouper Fishery of the South Atlantic Region for designation of SMZs to protect artificial reef habitats. The procedure includes the development of recommendations to establish an SMZ by a monitoring team, a review of the recommendations by the Council, and submittal of the recommendations to the NMFS Southeast Regional Administrator (RA). The RA reviews the Council's recommendations and may propose regulations in accordance with the recommendations or take no action. The Council and NMFS have used the procedure to establish artificial reef SMZs in the South Atlantic region. The SMZs protect artificial reef habitat by prohibiting the use of gear types such as fish traps and bottom longlines.

    Through Amendment 36, the Council is considering modifications to the SMZ process and framework procedures to include the consideration of SMZs that would protect locations where snapper-grouper fish species are likely to spawn and natural habitats that support spawning fish. Protecting locations where fish spawn and protecting natural habitats that support spawning fish will likely enhance stock productivity and may act as an effective strategy when managing a sustainable fish population.

    In the amendment, the Council is also considering the implementation of SMZs to protect spawning snapper-grouper species in the South Atlantic region. The measures in Amendment 36 would prohibit fishing for, harvest, and/or possession of species in the snapper-grouper fishery management unit year-round in the proposed SMZs; fishing for other species would be allowed in accordance with the current regulations. Some of the sites being considered in Amendment 36 were recommended for protection by a Marine Protected Area (MPA) Expert Workgroup that was formed by the Council in 2012. The MPA Expert Workgroup is comprised of scientists and fishermen with experience studying snapper-grouper fish species and observing fish in spawning condition.

    NMFS previously published NOIs to notify the public that the Council and NMFS are considering the establishment of spatial management areas. NMFS published an NOI to prepare a DEIS for the Comprehensive Ecosystem-Based Amendment 3 (CE-BA 3) on May 23, 2012 (77 FR 30506). One proposed action in CE-BA 3 was to modify existing MPAs or to establish new ones; however, that action was moved to Regulatory Amendment 17. An NOI for Regulatory Amendment 17 was published on December 4, 2013 (78 FR 72867). Through Regulatory Amendment 17, the Council intended to further reduce bycatch mortality of speckled hind and warsaw grouper and increase protection to their habitat. However, at their June 2014 meeting, the Council decided not to proceed further with the development of Regulatory Amendment 17.

    NMFS, in collaboration with the Council, will develop a DEIS to describe and analyze alternatives to address the management needs described above including the “no-action” alternative. In accordance with NOAA's Administrative Order 216-6, Section 5.02(c), Scoping Process, NMFS, in collaboration with the Council, has identified preliminary environmental issues as a means to initiate discussion for scoping purposes only. The public is invited to attend scoping meetings (dates and addresses below) and provide written comments on the preliminary issues, which are identified as actions and alternatives in the Amendment 36 scoping document. These preliminary issues may not represent the full range of issues that will eventually be evaluated in the DEIS. A copy of the Amendment 36 scoping document is available at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/index.html.

    After the DEIS associated with Amendment 36 is completed, it will be filed with the Environmental Protection Agency (EPA). After filing, the EPA will publish a notice of availability of the DEIS for public comment in the Federal Register. The DEIS will have a 45-day comment period. This procedure is pursuant to regulations issued by the Council on Environmental Quality (CEQ) for implementing the procedural provisions of the National Environmental Policy Act (NEPA; 40 CFR parts 1500-1508) and to NOAA's Administrative Order 216-6 regarding NOAA's compliance with NEPA and the CEQ regulations.

    The Council and NMFS will consider public comments received on the DEIS in developing the final environmental impact statement (FEIS), and before voting to submit the final amendment to NMFS for Secretarial review, approval, and implementation under the Magnuson-Stevens Conservation and Management Act (Magnuson-Stevens Act). NMFS will announce in the Federal Register the availability of the final amendment and FEIS for public review during the Magnuson-Stevens Act Secretarial review period, and will consider all public comments prior to final agency action to approve, disapprove, or partially approve the final amendment.

    NMFS will announce, through a document published in the Federal Register, all public comment periods on the final amendment, its proposed implementing regulations, and the availability of its associated FEIS. NMFS will consider all public comments received during the Secretarial review period, whether they are on the final amendment, the proposed regulations, or the FEIS, prior to final agency action.

    Scoping Meetings

    The scoping meetings will be held via webinar April 20, 2015, through April 23, 2015. A scoping meeting for Snapper-Grouper Amendment 36 will also be held in Key West, Florida, in conjunction with the Council meeting on June 10, 2015, beginning at 5:30 p.m. With the exception of the scoping meeting in Key West, Florida, all scoping meetings will be conducted via webinar accessible via the internet from the Council's Web site at www.safmc.net. Scoping meetings held via webinar will begin at 6 p.m. Registration for each webinar is required. Registration information will be posted on the SAFMC Web site at www.safmc.net as it becomes available. Any graphics, including maps, drawings, or images to be shown during public comment should be emailed to Mike Collins at [email protected] prior to the public hearing. Webinar registrants may test or confirm their computer setup for the webinar one hour prior to each hearing and contact Mike Collins at 843-763-1050 to address any questions regarding webinar setup. Local comment stations will also be provided at the following locations:

    Scoping Meeting Dates and Local Comment Station Addresses

    1. April 20, 2015—Local Comment Stations: SC Department of Natural Resources, Marine Resources Research Institute Auditorium, 217 Fort Johnson Road, Charleston, SC 29422-2559; phone 843-953-9300 and Holiday Inn Express, 722 Highway 17, Little River, SC 29566; phone: 843-281-9400.

    2. April 21, 2015—Local Comment Station: NC Division of Marine Fisheries, Central District Office, 5285 Highway 70 West, Morehead City, NC 28557; phone 252-726-7021.

    3. April 22, 2015: Local Comment Station: Coastal Resources Division, GA Department of Natural Resources, One Conservation Way, Brunswick, GA 31528-8687; phone 912-264-7218 and Richmond Hill Fish Hatchery, 110 Hatercry Drive, Richmond Hill, GA 31324; phone 912-756-3691.

    4. April 23, 2015: Local Comment Station: Hampton Inn Daytona Speedway, 1715 W. International Speedway Boulevard, Daytona Beach, FL 32114; phone 386-257-4030.

    5. June 10, 2015: A scoping meeting will be held in conjunction with the SAFMC meeting beginning at 5:30 p.m.; Doubletree Grand Key Resort, 3990 S. Roosevelt Blvd., Key West, FL 33040; phone 305-293-1818.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 2, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-08057 Filed 4-7-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD872 Endangered and Threatened Species; Take of Anadromous Fish AGENCY:

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

    ACTION:

    Applications for seven new scientific research permits, two permit modifications, and two permit renewals.

    SUMMARY:

    Notice is hereby given that NMFS has received 11 scientific research permit application requests relating to Pacific salmon and eulachon. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts. The applications may be viewed online at: https://apps.nmfs.noaa.gov/preview/preview_open_for_comment.cfm.

    DATES:

    Comments or requests for a public hearing on the applications must be received at the appropriate address or fax number (see ADDRESSES) no later than 5 p.m. Pacific standard time on May 8, 2015.

    ADDRESSES:

    Written comments on the applications should be sent to the Protected Resources Division, NMFS, 1201 NE Lloyd Blvd., Suite 1100, Portland, OR 97232-1274. Comments may also be sent via fax to 503-230-5441 or by email to [email protected] (include the permit number in the subject line of the fax or email).

    FOR FURTHER INFORMATION CONTACT:

    Rob Clapp, Portland, OR (ph.: 503-231-2314), Fax: 503-230-5441, email: [email protected]). Permit application instructions are available from the address above, or online at https://apps.nmfs.noaa.gov.

    SUPPLEMENTARY INFORMATION:

    Species Covered in This Notice

    The following listed species are covered in this notice:

    Chinook salmon (Oncorhynchus tshawytscha): Threatened Lower Columbia River (LCR); threatened Puget Sound (PS); threatened Snake River (SR) fall-run; threatened SR spring/summer-run (spr/sum); endangered Upper Columbia River (UCR) spring-run; threatened Upper Willamette River (UWR).

    Steelhead (O. mykiss): Threatened UCR; threatened SR; threatened middle Columbia River (MCR); threatened LCR; threatened PS; threatened UWR.

    Sockeye salmon (O. nerka): endangered SR.

    Chum salmon (O. keta): Threatened Columbia River (CR); threatened Hood Canal summer (HCS).

    Coho salmon (O. kisutch): Threatened LCR; threatened Oregon Coast (OC).

    Eulachon (Thaleichthys pacificus): Threatened southern distinct population segment (DPS) (S. eulachon).

    Authority

    Scientific research permits are issued in accordance with section 10(a)(1)(A) of the ESA (16 U.S.C. 1531 et. seq) and regulations governing listed fish and wildlife permits (50 CFR parts 222-226). NMFS issues permits based on findings that such permits: (1) Are applied for in good faith; (2) if granted and exercised, would not operate to the disadvantage of the listed species that are the subject of the permit; and (3) are consistent with the purposes and policy of section 2 of the ESA. The authority to take listed species is subject to conditions set forth in the permits.

    Anyone requesting a hearing on an application listed in this notice should set out the specific reasons why a hearing on that application would be appropriate (see ADDRESSES). Such hearings are held at the discretion of the Assistant Administrator for Fisheries, NMFS.

    Applications Received Permit 14046-3M

    The King County Department of Natural Resources and Parks (KCDNRP) is seeking to modify a five-year permit to annually take juvenile PS Chinook salmon and PS steelhead. Sampling sites would be in four Puget Sound sub-basins (Snoqualmie, Lake Washington, Duwamish, and Puyallup) located in King County, Washington. The purpose of the study is to: (1) Evaluate the effectiveness of restoration actions through biological monitoring, (2) understand the importance of off-channel habitats in providing habitat for listed species, (3) assess salmonid habitat status and trends in small streams with varying degrees of land use, and (4) assess containment levels in various freshwater fish eaten by humans. The research would benefit the affected species by determining if restoration and recovery actions are contributing to listed species recovery, providing information on use of off-channel areas by juvenile salmonids, guiding future projects based upon monitoring results, and providing habitat use information for yearling fall Chinook. The KCDNRP proposes to capture fish using beach seines, fyke nets, gill nets, hook and line, minnow traps, and both backpack and boat-operated electrofishing. Fish would be anaesthetized, identified by species, allowed to recover, and released. The researchers do not propose to kill any of the listed salmonids being captured, but a small number may die as an unintended result of the activities.

    Permit 16142—3R

    The Confederated Tribes of the Warm Springs Reservation of Oregon (CTWSRO) are seeking to renew a five-year permit that currently allows them to capture, handle, and release juvenile MCR steelhead in the John Day River, Oregon. The primary purpose of the research is to monitor anadromous fish response to habitat restoration projects throughout the John Day Basin, however the permit was modified in 2012 to allow the CTWSRO are to expand upon that research by adding juvenile mark/recapture studies and adult spawning surveys in various drainages in the John Day River Basin for the purpose of determining adult return success and making juvenile abundance estimates. This project would establish baseline estimates at 10 sampling locations and then resample those sites to evaluate the impact restoration projects have on juvenile Chinook and steelhead abundance. The research would continue to benefit the fish by helping managers determine the most effective ways to restore habitat.

    Under the permit, the researchers would set up survey reaches at each site and use block nets at the upstream and downstream boundaries to temporarily curtail fish movement. In those reaches, fish would be collected using backpack electrofishing equipment or seine nets. Once the fish are collected, they would be placed in an aerated bucket and anesthetized. They would then be counted, measured, weighed, marked with a caudal fin clip, allowed to recover, and released back into the sampling reach. A second fish sampling event (using the same collection methods) would be conducted within 24 hours of each initial survey. The researchers would use these two samples to estimate fish abundance and density. The surveys would be conducted at the same locations on an annual basis in order to assess population trends. The researchers do not intend to kill any listed salmonids, but a small number may die as an unintended result of the activities.

    Permit 16298—3R

    The Shoshone-Bannock Tribes (SBT) are seeking to renew for five years a permit that has been in place since 2011. Under the renewed permit, they would annually take juvenile and adult SR spr/sum Chinook and SR steelhead in Bear Valley Creek, Idaho. The purpose of the research is to estimate fish abundance, smolt-to-adult return rates, and adult productivity in Bear Valley Creek with a high degree of accuracy. The researchers are seeking to generate information that may be used widely throughout the Salmon River subbasin. This monitoring project was recommended as part of a larger monitoring effort that developed through the Columbia Basin Coordinated Anadromous Monitoring Workshop. The work would benefit fish by giving managers key information about population status in the Salmon River subbasin which, in turn, would be used to inform recovery plans and land-management activities. The SBT would count and monitor adult spr/sum Chinook at a video station, and they would handle, measure, tag, and tissue sample juvenile SR spr/sum Chinook and steelhead at a screw trap. They would also do some harvest monitoring (creel surveys) and spawning ground surveys. The researchers do not intend to kill any listed salmonids, but a small number may die as an unintended result of the activities. In addition to this permit, the U.S. Forest Service (FS) would issue a special use permit for the SBT to conduct the work.

    Permit 18819-2M

    The Wild Fish Conservancy (WFC) is seeking to modify a five-year permit to annually take juvenile and adult PS Chinook salmon, HCS chum salmon, and PS steelhead. The WFC research may also cause them to take adult S eulachon, for which there are currently no ESA take prohibitions. The sampling would take place in locations throughout Hood Canal, Admiralty Inlet, and the Strait of Juan de Fuca. The purpose of the study is to determine the relative abundance, distribution, and emigration timing of juvenile HCS chum salmon throughout their range. The research would benefit the affected species by determining juvenile salmonid out-migrant timing, use of nearshore rearing habitats, and key habitat associations (i.e. eelgrass and kelp beds, gravel beaches, mudflats, and modified vs. unmodified shorelines). The WFC proposes to capture fish using fyke nets and beach seines with twice-monthly sampling from December through May. Captured salmonids would be identified by species, measured, and have a tissue sample taken (chum and Chinook salmon only). Juvenile coded-wire tagged (CWT) coho and Chinook salmon would be sacrificed to determine their natal hatchery and provide stock-specific information about their use of nearshore habitats. All other fish would be released after handling. The researchers do not propose to kill any other listed species being captured, but a small number may die as an unintended result of the activities.

    Permit 18921

    The Samish Indian Nation Department of Natural Resources (SINDNR) is seeking a five-year research permit to annually take juvenile PS Chinook salmon and PS steelhead. The SINDNR research may also cause them to take adult S eulachon, for which there are currently no ESA take prohibitions. The sampling would take place adjacent to Cypress Island (of the San Juan Island archipelago) in Secret Harbor. The restoration of Secret Harbor began in 2008 with the restoration of an agricultural field to its historical state by breaching an existing tidal dike and restoring tidal exchange and freshwater stream connectivity to the area. The restored estuary and salt marsh habitats are expected to enhance and improve structural habitat complexity and potentially support a greater diversity of species. The purpose of the study is to determine fish presence both within and around the Secret Harbor estuary restoration site to determine the effectiveness of restoration efforts. This research would benefit the affected species by informing future restoration designs as well as providing data to support future enhancement projects. The SINDAR proposes to capture fish using beach seines with year-round monthly sampling. Fish would be captured, identified by species, measured, and released. The researchers do not propose to kill any of the listed fish being captured, but a small number may die as an unintended result of the activities.

    Permit 18952

    The United States Geological Survey (USGS) has requested a one-year permit to take LCR Chinook, LCR coho, LCR steelhead, CR chum, UWR Chinook, UWR steelhead, PS Chinook, and PS steelhead while conducting the National Water Quality Monitoring Program. The purpose of the USGS study is to characterize contaminants, nutrients, suspended and fine sediment, and ecological communities at perennial-stream sites in the Willamette Valley and Puget Sound Lowlands. The ecological community surveys would consist of double pass backpack electrofishing of approximately 100 sites in June and July. The majority of the listed salmonids that may be captured would be measured, examined for external abnormalities, and released. A secondary survey would be conducted to collect and sacrifice up to 15 salmonids per site from a total of 15 sites. Depending on availability, fish collections would focus on unlisted juvenile coho salmon or cutthroat trout in the Puget Sound and Upper Willamette basins and cutthroat trout or listed juvenile coho in the Lower Willamette and Lower Columbia basins. The research may benefit the listed species by helping managers to better understand the stressors—such as contaminant loads—affecting ecological stream communities in urban areas.

    Permit 19263

    The Idaho Department of Fish and Game (IDFG) is seeking a five-year permit to take juvenile SR steelhead, sockeye, and spr/sum Chinook during the course of three research tasks in the upper Salmon River of Idaho State. They would (a) conduct a general fish population inventory, (b) monitor fish population responses to habitat improvement and restoration activities, and (c) document juvenile Chinook salmon rearing and winter habitat use in the Salmon River. The researchers would use drift boat and raft-mounted electrofishing gear to capture fish and estimate trout abundances in up to five monitoring reaches of the Salmon River during the fall. Captured fish would be identified by species, measured (total length & fork length), and weighed to the nearest gram. During marking runs, captured target species (rainbow trout, westslope cutthroat trout, bull trout, and mountain whitefish) would be marked with a hole punch in the caudal fin. Any juvenile Chinook salmon they encounter would be identified, measured (fork length), weighed, and examined for tags/marks. Unmarked juvenile Chinook salmon would be implanted with passive integrated transponder (PIT) tags. Some captured fish may be anesthetized to minimize stress. In all cases, adult salmonids would be avoided and none would be captured. To help with this, the researchers would operate at times and in locations where no adults are likely to be present. The research activities would benefit the fish by providing information on a suite of factors—population abundance and response to restoration actions, predator and competitor abundance and interactions, and life history and behavior characteristics—all of which would be used to inform management, restoration, and recovery decisions in the Salmon River. The researchers do not intend to kill any fish, but a small number may die as a consequence of the planned activities.

    Permit 19350

    The United States Fish and Wildlife Service (FWS) has requested a five-year permit to take LCR Chinook salmon, LCR Coho salmon, LCR steelhead, UWR Chinook salmon, and UWR steelhead while conducting research and monitoring in the Tryon Creek watershed of Portland, Oregon. The purpose of the project is to assess fish use of Tryon Creek above and below the Oregon Highway 43 culvert. Culvert modification and habitat enhancement projects have been implemented to improve fish passage and the research and monitoring would be used to gauge effectiveness of the restoration activities. The FWS would capture fish using backpack electrofishing equipment and beach seines. Captured fish would be measured, weighed, PIT-tagged, and tissue sampled for genetic analysis. The FWS does not intend to kill any of the salmonids being captured but a small number of juvenile fish may die as an unintended result of the activities. The research may benefit the listed species by helping managers better understand the effectiveness of habitat restoration activities.

    Permit 19386

    The AMEC Foster Wheel (AMECFW) is seeking a five-year research permit to annually take juvenile PS Chinook salmon and PS steelhead in the Lower Duwamish River waterway. Under a Consent Decree settled through U.S. District Court (Western District of Washington), The Boeing Company agreed to construct two habitat restoration projects near Boeing Plant 2 in the Lower Duwamish Waterway to restore and create off-channel and riparian habitats in an area where they have been largely eliminated due to channelization and industrialization. The purpose of this study is to determine if fish, including ESA listed juvenile salmonids, are using the newly created/restored habitat. This research would benefit the affected species by informing future restoration designs as well as providing data to support future enhancement projects. The researchers propose to capture fish using fyke nets during the spring salmonid outmigration (March through June). Fish would be anaesthetized, identified by species, allowed to recover, and released. The researchers do not propose to kill any of the listed fish being captured, but a small number may die as an unintended result of the activities.

    Permit 19391

    The SBT are seeking a five-year permit to annually take adult and juvenile SR steelhead and spr/sum Chinook while operating a screw trap and adult weir in Panther Creek, Idaho. They would also conduct some electrofishing and spawning ground surveys in the area. Most of the juvenile Chinook salmon would be captured, handled, and released. Some of them would be implanted with PIT-tags, and some would be sampled for genetic analysis. All would be allowed to recover and released to continue their downstream migration. Although the researchers are targeting Chinook, some juvenile and adult steelhead may be taken as well. In both instances, the information to be gathered would help with monitoring and recovery efforts in the area. In addition, the information may eventually be used to help guide a proposed supplementation program in the area. The research would in no way pre-dispose the approval of such a program, but if it were to be instituted, a good deal of the proposed work would be analyzed again in the context of that larger program. In the interim, the research would benefit the fish by helping managers guide current and future restoration efforts and generating information on species status that would augment a number of regional efforts. The researchers do not propose to kill any of the animals being captured, but a small number may die as an unintended consequence of the activities.

    Permit 19470

    The Washington State Department of Ecology (WDOE) is seeking a three-year permit to collect environmental samples in rivers and streams in the state of Washington while conducting Washington's Status and Trends Monitoring for Watershed Health and Salmon Recovery—a statewide habitat and biological monitoring program. The permit would authorize the WDOE to take juvenile and adult UCR Chinook salmon and steelhead, SR spr/sum and fall-run Chinook salmon, SR steelhead, SR sockeye salmon, and MCR steelhead. The goal of status and trends monitoring is to provide quantitative, statistically valid estimates of habitat and water quality that are important for policy and management decisions. The WDOE would monitor seven status and trends regions statewide on a four-year cycle. The information gathered by this research would benefit listed salmonids by helping resource managers evaluate the effectiveness of habitat restoration efforts and monitor aquatic species status and trends. The researchers would capture fish using boat electrofishing equipment; the listed fish would be enumerated, measured, and released immediately. At no time would adults be electrofished. If any adults are seen during the electrofishing operation, the equipment would immediately be turned off and the fish would be allowed to escape. If another adult is seen, the researchers would move the operation. And in no case would the electrofishing take place where fish are actively spawning. The researchers are not proposing to kill any of the fish they capture, but a small number may die as an unintended result of the activities.

    Permit 19476

    The Island County Department of Natural Resources (ICDNR) is seeking a five-year research permit to annually take juvenile PS Chinook salmon and PS steelhead. The sampling would take place in the Fidalgo Island and northern Whidbey Island shoreline area near Deception Pass at Cornet Bay and Ala Spit. The purpose of the study is to assess salmonid and forage fish use of habitat restored by removal of armoring and fill. This research would benefit the affected species by informing future restoration designs as well as providing data to support future enhancement projects. The ICDNR proposes to capture fish using a beach seine. Fish would be removed from the net and placed in buckets. All fish would be enumerated by species and the first 20 of each species would be measured for length. All fish would be released in the same location they were caught. The researchers do not propose to kill any of the listed salmonids being captured, but a small number may die as an unintended result of the activities.

    This notice is provided pursuant to section 10(c) of the ESA. NMFS will evaluate the applications, associated documents, and comments submitted to determine whether the applications meet the requirements of section 10(a) of the ESA and Federal regulations. The final permit decisions will not be made until after the end of the 30-day comment period. NMFS will publish notice of its final action in the Federal Register.

    Dated: April 2, 2015. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2015-07944 Filed 4-7-15; 8:45 am] BILLING CODE 3510-22-P
    COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Determination Under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (“CAFTA-DR Agreement”) AGENCY:

    The Committee for the Implementation of Textile Agreements.

    ACTION:

    Determination to remove a product currently included in Annex 3.25 of the CAFTA-DR Agreement.

    DATES:

    October 5, 2015.

    SUMMARY:

    The Committee for the Implementation of Textile Agreements (“CITA”) has determined that certain three-thread circular knit fleece fabrics, as specified below, are available in the CAFTA-DR countries in commercial quantities in a timely manner. The product, which is currently included in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities, will be removed, effective 180 days after publication of this notice.

    FOR FURTHER INFORMATION CONTACT:

    Laurie Mease, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-2043. For information online see http://web.ita.doc.gov/tacgi/CaftaReqTrack.nsf under “Approved Requests,” Reference number: 195.2015.02.27.Fabric.SS&AforGildanUSA.

    SUPPLEMENTARY INFORMATION:

    Authority:

    The CAFTA-DR Agreement; Section 203(o)(4) of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (“CAFTA-DR Implementation Act”), Public Law 109-53; the Statement of Administrative Action accompanying the CAFTA-DR Implementation Act; and Presidential Proclamation 7987 (February 28, 2006).

    Background: The CAFTA-DR Agreement provides a list in Annex 3.25 for fabrics, yarns, and fibers that the Parties to the CAFTA-DR Agreement have determined are not available in commercial quantities in a timely manner in the territory of any Party. The CAFTA-DR Agreement provides that this list may be modified pursuant to Article 3.25(4)-(5) by adding or removing items when the United States determines that a fabric, yarn, or fiber is not available in commercial quantities in a timely manner in the territory of any Party; or when the United States determines that a fabric, yarn, or fiber currently on the list is available in commercial quantities in a timely manner. The CAFTA-DR Implementation Act authorizes the President to make such modifications to the list in Annex 3.25. See Annex 3.25 of the CAFTA-DR Agreement; see also section 203(o)(4)(C) and (E) of the CAFTA-DR Implementation Act.

    The CAFTA-DR Implementation Act requires the President to establish procedures governing the submission of a request and providing opportunity for interested entities to submit comments and supporting evidence before a commercial availability determination is made. In Presidential Proclamation 7987, the President delegated to CITA the authority under section 203(o)(4) of the CAFTA-DR Implementation Act for modifying the list in Annex 3.25. Pursuant to this authority, CITA published modified procedures it would follow in considering requests to modify the Annex 3.25 list of products determined to be not commercially available in the territory of any Party to CAFTA-DR (Modifications to Procedures for Considering Requests Under the Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement, 73 FR 53200 (September 15, 2008)) (“CITA's procedures”).

    On February 27, 2015, the Chairman of CITA received a request from Sorini Samet & Associates, on behalf of Gildan USA, Inc. (“Gildan”) for a Commercial Availability determination to remove or restrict (“Request to Remove”) certain three-thread circular knit fleece fabrics, currently listed in Annex 3.25. Gildan offered to supply the specified fabrics and provided information demonstrating its ability to supply commercial quantities in a timely manner. On March 3, 2015, in accordance with CITA's procedures, CITA notified interested parties of the Request to Remove, which was posted on the dedicated Web site for CAFTA-DR commercial availability proceedings. In its notification, CITA advised that any Response to the Request to Remove must be submitted by March 13, 2015, and any Rebuttal Comments to a Response must be submitted by March 19, 2015, in accordance with Sections 6, 7 and 9 of CITA's procedures. No interested entity submitted a Response advising CITA of its objection to the Request to Remove. In accordance with section 203(o)(4)(C) of the CAFTA-DR Implementation Act, Section 8(a) and (b), and Section 9(c)(3) of CITA's procedures, as no interested entity submitted a Response objecting to the Request to Remove, CITA has determined to approve the Request to Remove the subject product from the list in Annex 3.25. Pursuant to Section 9(c)(3)(iii)(A), textile and apparel articles containing the subject product are not to be treated as originating in a CAFTA-DR country if the subject product is obtained from non-CAFTA-DR sources, effective for goods entered into the United States on or after 180 calendar days after the date of publication of this notice. A revised list in Annex 3.25, noting the effective date of the removal of the subject product, has been posted on the dedicated Web site for CAFTA-DR commercial availability proceedings.

    Specifications: Certain Three-Thread Circular Knit Fleece Fabrics HTS Subheading: 6001.21.0000 Fabric #1: Fiber Content: 72 to 78 percent cotton, 22 to 28 percent polyester Yarn: Face Yarn—Single ply, ring spun cotton. Metric yarn number: 41 to 48; English yarn number: 24 to 28 Tie Yarn—Polyester filament of 49 to 51 denier Fleece yarn—Single ply staple of 57 to 63 percent cotton and 37 to 43 percent polyester. Metric yarn number: 24 to 30; English yarn number 14 to 18. Gauge: 20 to 24 Knit Type: Three-thread circular knit Weight: Metric—285 to 300 grams per square meter; English—8.42 to 9.75 ounces per square yard. Width: Metric—172 to 183 centimeters; English—68 to 72 inches. Finish: Napped on the technical back; bleached, yarn dyed, or piece dyed. Performance Criteria: Not more than 5 percent vertical and horizontal shrinkage and not more than 4 percent vertical torque. Fabric #2: Fiber Content: 77 to 83 percent cotton, 17 to 23 percent polyester Yarn: Face Yarn—Single ply, ring spun cotton. Metric yarn number: 47 to 54; English yarn number: 28 to 32 Tie Yarn—Polyester filament of 49 to 51 denier Fleece yarn—Single ply staple of 67 to 73 percent cotton and 27 to 33 percent polyester. Metric yarn number: 24 to 30; English yarn number 14 to 18. Gauge: 20 to 24 Knit Type: Three-thread circular knit Weight: Metric—266 to 308 grams per square meter; English—7.85 to 9.08 ounces per square yard. Width: Metric—146 to 183 centimeters; English—58 to 72 inches. Finish: Napped on the technical back; bleached, yarn dyed, or piece dyed. Performance Criteria: Not more than 5 percent vertical and horizontal shrinkage and not more than 4 percent vertical torque. Joshua Teitelbaum, Chairman, Committee for the Implementation of Textile Agreements.
    [FR Doc. 2015-08029 Filed 4-7-15; 8:45 am] BILLING CODE 3510-DR-P
    BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No CFPB-2015-0008] Agency Information Collection Activities: Comment Request AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Notice and request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (PRA), the Consumer Financial Protection Bureau (Bureau) is requesting to renew the approval for an existing information collection titled, “Registration of Mortgage Loan Originators (Regulation G) 12 CFR 1007.”

    DATES:

    Written comments are encouraged and must be received on or before June 8, 2015 to be assured of consideration.

    ADDRESSES:

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

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

    • Mail: Consumer Financial Protection Bureau (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552.

    Hand Delivery/Courier: Consumer Financial Protection Bureau (Attention: PRA Office), 1275 First Street NE., Washington, DC 20002.

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

    FOR FURTHER INFORMATION CONTACT:

    Documentation prepared in support of this information collection request is available at www.regulations.gov. Requests for additional information should be directed to the Consumer Financial Protection Bureau, (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552, (202) 435-9575, or email: [email protected] Please do not submit comments to this mailbox.

    SUPPLEMENTARY INFORMATION:

    Title of Collection: Registration of Mortgage Loan Originators (Regulation G) 12 CFR 1007.

    OMB Control Number: 3170-0005.

    Type of Review: Extension without change of a currently approved collection.

    Affected Public: Businesses and other for-profit institutions.

    Estimated Number of Respondents: 243,227.

    Estimated Total Annual Burden Hours: 267,494.

    Abstract: Regulation G implements the Secure and Fair Enforcement for Mortgage Licensing Act's (S.A.F.E. Act) federal registration requirement with respect to any covered financial institutions, and their employees who act as residential mortgage loan originators (MLOs), to register with the Nationwide Mortgage Licensing System and Registry, obtain a unique identifier, maintain this registration, and disclose to consumers the unique identifier. The rule also requires the covered financial institutions employing these MLOs to adopt and follow written policies and procedures to ensure their employees comply with these requirements and to disclose the unique identifiers of their MLOs.

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

    Dated: March 26, 2015. Ashwin Vasan, Chief Information Officer, Bureau of Consumer Financial Protection.
    [FR Doc. 2015-08125 Filed 4-7-15; 8:45 am] BILLING CODE 4810-AM-P
    BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No: CFPB-2015-0014] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Notice and request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (PRA), the Consumer Financial Protection Bureau (CFPB) is proposing to renew the approval for an existing information collection titled, “CFPB's Consumer Response Intake Form.”

    DATES:

    Written comments are encouraged and must be received on or before May 8, 2015 to be assured of consideration.

    ADDRESSES:

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

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

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

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

    FOR FURTHER INFORMATION CONTACT:

    Documentation prepared in support of this information collection request is available at www.reginfo.gov (this link active on the day following publication of this notice). Select “information Collection Review,” under “Currently under review, use the dropdown menu “Select Agency” and select “Consumer Financial Protection Bureau” (recent submissions to OMB will be at the top of the list). The same documentation is also available at http://www.regulations.gov. Requests for additional information should be directed to the Consumer Financial Protection Bureau, (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552, (202) 435-9575, or email: [email protected]

    Please do not submit comments to this email box.

    SUPPLEMENTARY INFORMATION:

    Title of Collection: CFPB's Consumer Response Intake Form.

    OMB Control Number: 3170-0011.

    Type of Review: Extension with change of a currently approved collection.

    Affected Public: Individuals or households.

    Estimated Number of Respondents: 3,000,000.

    Estimated Total Annual Burden Hours: 387,500.

    Abstract: The Intake Form is designed to aid consumers in the submission of complaints, questions, and comments and to help the CFPB fulfill the CFPB's statutory requirements. Consumers (hereinafter “respondents”) will be able to complete and submit information through the Intake Form electronically on the CFPB's Web site. Alternatively, respondents may request that the CFPB email a fillable PDF version or, by telephone, request a “paper” copy of the Intake Form, and then email, mail, or fax it to the CFPB. The questions within the Intake Form prompt respondents for a description of, and key facts about, the complaint at issue, the desired resolution, contact and account information, information about the institution they are filing a complaint against, and any previous action taken to attempt to resolve the complaint.

    Request For Comments: The CFPB issued a 60-day Federal Register notice on December 29, 2014 (79 FR 78068). Comments were solicited and continue to be invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the CFPB, including whether the information will have practical utility; (b) The accuracy of CFPB's estimate of the burden of the collection of information, including the validity of the methods and the assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget (OMB) approval. All comments will become a matter of public record.

    Dated: April 2, 2015. Ashwin Vasan, Chief Information Officer, Bureau of Consumer Financial Protection.
    [FR Doc. 2015-08100 Filed 4-7-15; 8:45 am] BILLING CODE 4810-AM-P
    BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No: CFPB-2015-0015] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Notice and request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (PRA), the Consumer Financial Protection Bureau (CFPB) is proposing to renew the approval for an existing information collection titled, “Generic Information Collection Plan for Consumer Complaint and Information Collection System (Testing and Feedback).”

    DATES:

    Written comments are encouraged and must be received on or before May 8, 2015 to be assured of consideration.

    ADDRESSES:

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

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

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

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

    FOR FURTHER INFORMATION CONTACT:

    Documentation prepared in support of this information collection request is available at www.reginfo.gov (this link active on the day following publication of this notice). Select “information Collection Review,” under “Currently under review, use the dropdown menu “Select Agency” and select “Consumer Financial Protection Bureau” (recent submissions to OMB will be at the top of the list). The same documentation is also available at http://www.regulations.gov. Requests for additional information should be directed to the Consumer Financial Protection Bureau, (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552, (202) 435-9575, or email: [email protected]

    Please do not submit comments to this email box.

    SUPPLEMENTARY INFORMATION:

    Title of Collection: Generic Information Collection Plan for Consumer Complaint and Information Collection System (Testing and Feedback).

    OMB Control Number: 3170-0042.

    Type of Review: Extension without change of a currently approved collection.

    Affected Public: Individuals or households.

    Estimated Number of Respondents: 710,000.

    Estimated Total Annual Burden Hours: 118,334.

    Abstract: Over the past several years, the CFPB has undertaken a variety of service delivery-focused activities contemplated by the Dodd-Frank and Wall Street Reform and Consumer Protection Act, Pub. L. 111-2013. These activities, which include consumer complaint and inquiry processing, referral, and monitoring, involve several interrelated systems. The streamlined process of the generic clearance will continue to allow the CFPB to implement these systems efficiently, in line with the CFPB's commitment to continuous improvement of its delivery of services through iterative testing and feedback collection.

    Request for Comments: The CFPB issued a 60-day Federal Register notice on December 29, 2014 (79 FR 78069). Comments were solicited and continue to be invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the CFPB, including whether the information will have practical utility; (b) The accuracy of CFPB's estimate of the burden of the collection of information, including the validity of the methods and the assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget (OMB) approval. All comments will become a matter of public record.

    Dated: April 2, 2015. Ashwin Vasan, Chief Information Officer, Bureau of Consumer Financial Protection.
    [FR Doc. 2015-08099 Filed 4-7-15; 8:45 am] BILLING CODE 4810-AM-P
    DEPARTMENT OF DEFENSE Department of the Navy Meeting of the Secretary of the Navy Advisory Panel AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice.

    SUMMARY:

    The Secretary of the Navy (SECNAV) Advisory Panel will meet 8:15 a.m. to 4:00 p.m. to review ways to establish a culture of innovation in the Department of the Navy. This meeting is opened to the public.

    DATES:

    The meeting will be held on Monday, April 20, 2015, from 8:15 a.m. to 4:00 p.m.

    ADDRESSES:

    The meeting will be held at the Pentagon, in Room 4B746, 1000 Navy Pentagon, Washington, DC 20350-1000.

    Building Access: Public access is limited due to the Pentagon Security requirements. Any individual wishing to attend this meeting should contact Ms. Cassandra Dean at 703-697-2386 or Commander Randall Biggs at 703-695-3042 no later than April 13, 2015. Members of the public who do not have Pentagon access will be required to provide Name, Date of Birth and Social Security Number by April 13, 2015, in order to obtain visitor's clearance. Public transportation is recommended as public parking is not available. Members of the public wishing to attend this meeting must enter through the Pentagon's Metro Entrance between 7:45 a.m. and 8:00 a.m. where they will need two forms of identification in order to receive a visitor badge and meet their escort. Members will then be escorted to Room 4B746 to attend the open of the meeting of the Advisory Panel. Members of the public must remain with the designated escort at all times while in the Pentagon. After the meeting is adjourned, members of the public will be escorted back to the Pentagon Metro Entrance.

    FOR FURTHER INFORMATION CONTACT:

    Commander Randall Biggs, SECNAV Advisory Panel, 1000 Navy Pentagon, Washington, DC 20350-1000, 703-695-3042.

    SUPPLELMENTARY INFORMATION:

    The agenda is as follows: April 20, 2015, speakers and discussions on the Department of the Navy Culture of Innovation Initiatives.

    Individuals or interested groups may submit written statements for consideration by the SECNAV Advisory Panel at any time or in response to the agenda of a schedule meeting. All requests must be submitted to the Designated Federal Officer (DFO) at the address detailed below. If the written statement is in response to the agenda mentioned in this meeting notice, it must be received at least five days prior to the meeting in question. The DFO will review all timely submissions with the SECNAV Advisory Panel before the meeting that is the subject of this notice. For further information write to: Deputy Under Secretary of the Navy, (Policy), Secretary of the Navy Advisory Panel, Designated Federal Officer, 1000 Navy Pentagon, Washington, DC 20350-1000.

    Dated: April 2, 2015. N.A. Hagerty-Ford, Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2015-08040 Filed 4-7-15; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF EDUCATION Applications for New Awards; Educational Technology, Media, and Materials for Individuals With Disabilities—Research and Development Center To Advance the Use of New and Emerging Technologies to Ensure Accessibility AGENCY:

    Office of Special Education and Rehabilitative Services, Department of Education.

    ACTION:

    Notice.

    Overview Information

    Notice inviting applications for a new award for fiscal year (FY) 2015.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.327B. DATES:

    Applications Available: April 8, 2015.

    Deadline for Transmittal of Applications: May 26, 2015.

    Deadline for Intergovernmental Review: July 22, 2015.

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: The purposes of the Educational Technology, Media, and Materials for Individuals with Disabilities Program 1 are to improve results for students with disabilities by: (1) Promoting the development, demonstration, and use of technology; (2) supporting educational activities designed to be of educational value in the classroom for students with disabilities; (3) providing support for captioning and video description that is appropriate for use in the classroom; and (4) providing accessible educational materials to students with disabilities in a timely manner.

    1 This program was formerly called “Technology and Media Services for Individuals with Disabilities.” The Department has changed the name to Educational Technology, Media, and Materials for Individuals with Disabilities Program and updated the purposes of the program to more clearly convey that the program includes accessible educational materials. The program's activities and statutory authorization (20 U.S.C. 1474) remain unchanged.

    Priority: In accordance with 34 CFR 75.105(b)(2)(v), this priority is from allowable activities specified in the statute (see sections 674(b) and 681(d) of the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. 1474(b) and 1481(d))).

    Absolute Priority: For FY 2015 and any subsequent year in which we make awards from the list of unfunded applicants from this competition, this priority is an absolute priority. Under 34 CFR 75.105(c)(3), we consider only applications that meet this priority.

    This priority is:

    Research and Development Center To Advance the Use of New and Emerging Technologies To Ensure Accessibility Background

    Section 612(a)(23) of IDEA requires States to provide educational materials in accessible formats in a timely manner to students who are blind or have print disabilities. Section 613(a)(6) of IDEA includes a similar requirement for local educational agencies (LEAs). In the process of implementing these provisions in IDEA, States, LEAs, and accessible media producers (AMPs), whom States and LEAs employ to convert educational materials into accessible formats, have encountered barriers to the production of high-quality accessible educational materials (AEM).2 Specifically, they have been challenged by limitations of the technology available to produce AEM that includes accessible graphic content (i.e., complex formulae, images, charts, tables, graphs, and mathematical notation, hereafter referred to as graphic content). These barriers are more evident in the conversion of science, technology, engineering, and mathematics (STEM) educational materials into accessible formats due to their extensive use of graphic content.

    2 AEM (also known as accessible instructional materials) and technologies enable children with disabilities to have access to, be involved in, and make progress in the general education curriculum (or for infants, toddlers, and preschool children and their families to participate in developmental and educational activities, such as those related to early literacy and numeracy) and assessments.

    In 2010, the Office of Special Education Programs (OSEP) awarded a cooperative agreement, the Research and Development Center on Digital Images and Graphic Content in Accessible Instructional Materials, to implement a rigorous program of research and development to improve the cost, quality, usability, and availability of graphic content in accessible instructional materials and the devices and software used to access that content for blind, visually impaired, and print disabled students. While the center has improved the way graphic content is produced and accessed by children with print disabilities, ensuring accessibility to complex educational materials, such as STEM educational materials with graphic content, continues to challenge publishers, AMPs, and others who develop and produce STEM educational materials. The need for research and development continues to exist.

    Although the technology, publishing, and disability communities are working together to develop standards and guidelines for producing and accessing digital materials and assessments in accessible formats, the adoption of these standards remains voluntary, thus implementation and use of the standards are inconsistent. Additionally, some standards and guidelines may not include markup language,3 or may include it as optional, resulting in standards and guidelines that are insufficient to ensure the accessibility of educational materials for some children with disabilities.4 A free appropriate public education cannot be provided to many children with disabilities unless the educational technologies and materials are accessible, consistent with standards and guidelines that are uniformly applied across technologies, devices, tools, products, and software.

    3 “Markup language,” in the context of digital technology, means a set of standards, as HTML or SGML, used to create an appropriate markup scheme for an electronic document, as to indicate its structure or format. See http://dictionary.reference.com/browse/markup language.

    4 For more information, see http://idpf.org/news/aap-epub-3-implementation-white-paper-now-available and www.imsglobal.org/edupub/EPUB3QTILTICaliper_BestPracticesvd7.pdf.

    New unexplored technologies, and the promise of more powerful technologies in the future, provide potential opportunities to improve access to digital content and educational materials. Since 2004, administrators, teachers, preschool special education teachers, early interventionists, and parents are more aware of the use of AEM by students with print disabilities, and of anecdotal reports and preliminary data from research projects that suggest use of AEM is associated with improvements in academic performance and progress for some children with print disabilities (Abedi & Ewers, 2013; Stahl, 2004). Moreover, the Division for Early Childhood Recommended Practices (April, 2014) stresses the importance of ensuring that educational materials (e.g., books, toys, multimedia content, etc.) are accessible to infants, toddlers, and preschoolers with disabilities and that the use of these materials is supported across learning environments. These reports and case studies have triggered interest in the use of AEM by children with non-print disabilities and by infants, toddlers, and preschoolers with visual impairments and other print disabilities (e.g., public comment retrieved from www.tea.state.tx.us/index4.aspx?id=25769810909). If children with disabilities other than print disabilities, and infants, toddlers, and preschoolers with disabilities are to use AEM, researchers must explore and identify the developmental and educational needs of these children as they relate to the use of AEM. The information gained from this work can be applied to the development of new products, production standards, and sources where AEM can be acquired for this expanded population of children with disabilities.

    To address the issues and challenges related to the development, production, and dissemination of AEM and to ensure that infants, toddlers, and children 5 who are blind or have print disabilities and those with disabilities not traditionally associated with print disabilities have full access to educational content, including graphic content, in accessible formats, OSEP proposes to fund a Research and Development Center to Advance the Use of New and Emerging Technologies to Ensure Accessibility.

    5 The term “children” in this priority includes individuals with disabilities ages birth-21.

    Priority

    The purpose of this priority is to fund a cooperative agreement to support the establishment and operation of a Research and Development Center to Advance the Use of New and Emerging Technologies to Ensure Accessibility (Center). Under this priority, the Center must conduct a comprehensive review of industry accessibility standards and their applications. Based on this review, the Center must implement a program of research and development designed to achieve, at a minimum, the following outcomes:

    (a) Development, demonstration, and use of technologies, devices, tools, products, and software that ensure full access to educational materials and content, including graphic content, regardless of the original formats of the materials (e.g., print, digital, multimedia) for children who are blind or have print disabilities and those with disabilities not traditionally associated with print disabilities;

    (b) Increase the number of new digital and multimedia educational materials that are “born accessible” (i.e., accessibility features are included in the original design and production of the materials) and are readily available and accessible to children who are blind or have print disabilities and those with disabilities not traditionally associated with print disabilities.

    (c) Identification of potential uses of new technologies, devices, tools, products, and software to enhance the accessibility of educational materials, especially STEM educational materials, for children who are blind or have print disabilities and those with disabilities not traditionally associated with print disabilities;

    (d) Identification of accessibility features specific to the needs of children with disabilities not traditionally associated with print disabilities (e.g., autism, hearing impairments, intellectual disabilities, English learners with disabilities); and

    (e) Increased knowledge sharing among technology developers, publishers, and end users including educators, persons with disabilities, and parents of children with disabilities.

    Application Requirements

    In addition to these programmatic requirements, to be considered for funding under this priority, applicants must meet the application and administrative requirements in this priority. OSEP encourages innovative approaches to meeting the following requirements:

    (a) Demonstrate, in the narrative section of the application under “Significance of the Project,” how the proposed project will achieve and maintain expert awareness of the current and developing standards and uses of technologies that support or increase accessibility of educational materials for children with disabilities by:

    (1) Establishing and maintaining a technical format review advisory committee. The technical format review advisory committee must—

    (i) Consist of no fewer than five members representing the full range of diverse stakeholders, including at least one member from each of the following five specific groups: Technology developers, publishers, and end users including educators, persons with disabilities, and parents of children with disabilities. Advisory committee members should be identified no later than six weeks from the award date;

    (ii) Meet no less frequently than twice per year during the project period with the project director and relevant project staff;

    (iii) Evaluate current technologies, standards, and guidelines that are used and applied in the production and use of educational materials to ensure that the content is accessible to children with disabilities; and

    (iv) Evaluate current devices and software that support and ensure access to educational materials.

    (2) Leveraging its network of professional relationships to increase the awareness and application of accessibility standards among educators, publishers, and technology developers. To meet this requirement, the applicant must:

    (i) Demonstrate the extent of its network of educators, publishers, and technology developers;

    (ii) Describe its proposed methods to increase the awareness and application of accessibility standards by educators, publishers, and technology developers; and

    (iii) Describe its plan for expanding its network to include additional stakeholders in order to maintain relevant expertise in emerging technologies, standards, and guidelines.

    (3) Disseminate information on the uses, and potential uses, of emergent technologies, devices, tools, products, and software and accessibility standards and features of AEM for children who are blind or have print disabilities and those with disabilities not traditionally associated with print disabilities. To meet this requirement, the applicant must describe its plan to:

    (i) Prepare and disseminate reports, documents, and other materials available in appropriate formats on:

    (A) Current industry standards and best practices in the production and dissemination of AEM;

    (B) Current technologies used to produce AEM;

    (C) Currently available devices and software used to access AEM;

    (D) Any devices or software developed or modified by the Center;

    (E) Processes related to the development or modification of technologies, standards, and guidelines used in the production of AEM, and devices and software used to access AEM; and

    (F) Related topics, as requested by OSEP; and

    (ii) Communicate using a variety of media and methods (for example, presentations, publications, conference attendance, demonstrations) to reach the broad range of technology developers, publishers, and end users, including educators, children with disabilities, and parents of children with disabilities.

    (b) Demonstrate, in the narrative section of the application under “Quality of Project Services,” how the proposed project will—

    (1) Explore the legal issues around the provision of AEM for children with disabilities not traditionally associated with print disabilities.

    (2) Collaborate with publishers and distributors of educational materials to develop and field test models for making AEM available for use by children with disabilities traditionally not associated with print disabilities.

    (3) Determine potential uses of new technologies to enhance the accessibility of educational materials.

    (4) Collaborate with publishers, AMPs, State educational agencies, LEAs, consumers, and technology developers, vendors, and others with expertise in AEM production, devices, and software, to—

    (i) Develop technologies that improve access to and readability of educational materials containing graphic content, including STEM educational materials;

    (ii) Develop tools and products to improve the quality and usability of AEM and increase the efficiency of producing AEM, including the production of digital braille files written in Unified English Braille;

    (iii) Identify accessibility features specific to the needs of children with disabilities not traditionally associated with print disabilities; and

    (iv) Develop new tools or products and modify existing tools and products that address the specialized needs of children with disabilities not traditionally associated with print disabilities.

    (c) Demonstrate, in the narrative section of the application under “Adequacy of Project Resources,” how the proposed project will—

    (1) Include key personnel, consultants, and contractors with sufficient qualifications, experience, and commitment to carry out the proposed activities and achieve the project's intended outcomes.

    (2) Encourage applications for employment from persons who are members of groups that have traditionally been underrepresented based on race, color, national origin, linguistic diversity, sex, gender identity, sexual orientation, age, or disability, as appropriate.

    (3) Allocate project resources to carry out proposed activities.

    (4) Ensure the proposed costs are reasonable in relation to the anticipated results and benefits.

    (d) Demonstrate, in the narrative section of the application under “Quality of Management Plan,” how the proposed project will—

    (1) Ensure that the project's intended outcomes will be achieved on time and within budget. To address this requirement, the applicant must describe—

    (i) Clearly defined responsibilities for key project personnel, consultants, and subcontractors, as applicable; and

    (ii) Timelines and milestones for accomplishing the project tasks.

    (2) Pursue a diversity of perspectives, including families, early intervention service providers, educators, publishers, designers, developers, vendors, researchers, parent training and information centers, policy makers, the business community, SEAs and lead agencies, and other OSEP-funded projects.

    (3) Communicate effectively between the project and stakeholders and between the project and OSEP including OSEP-funded projects. To address this requirement, the applicant must commit to—

    (i) Maintain a Web site that meets government or industry-recognized standards for accessibility;

    (ii) Communicate and collaborate on an ongoing basis with OSEP-funded projects, specifically the Center for Parent Information and Resources, National Instructional Materials Access Center, National Center on Accessible Educational Materials for Learning, and Bookshare and Innovation for Education. The collaborations could include the joint development of products, participation in field-testing, and regular communications and updates on Center activities;

    (iii) Prior to developing any new product, whether paper, digital, or oral, discuss the content and purpose of the product or event with the OSEP project officer;

    (iv) Maintain ongoing communication with the OSEP project officer through biweekly phone conversations and email communication; and

    (v) Submit a quarterly progress report to the OSEP project officer.

    (e) In the narrative section of the application under “Quality of the Evaluation Plan,” include an evaluation plan. The evaluation plan must describe measures of progress in implementation, including the extent to which the project's products and services have reached the target population, and measures of intended outcomes or results of the project's activities in order to assess the effectiveness of those activities.

    In the evaluation plan, the applicant must commit to—

    (1) Ensure ongoing feedback on the quality of project performance from technology developers, AEM publishers, and end users including educators, persons with disabilities, and parents of children with disabilities.

    (2) Assess the cost, quality, usability, and availability of the technologies, including devices and software products, that are developed or modified by the Center.

    (3) Designate, with the approval of the OSEP project officer, a project liaison staff person with sufficient dedicated time, experience in evaluation, and knowledge of the project to work in collaboration with the Center to Improve Project Performance (CIPP),6 the project director, and the OSEP project officer on the following tasks:

    6 The major tasks of CIPP are to guide, coordinate, and oversee the design of formative evaluations for every large discretionary investment (i.e., those awarded $500,000 or more per year and required to participate in the 3+2 process) in OSEP's Technical Assistance and Dissemination; Personnel Development; Parent Training and Information Centers; and Educational Technology, Media, and Materials programs. The efforts of CIPP are expected to enhance individual project evaluation plans by providing expert and unbiased technical assistance in designing the evaluations with due consideration of the project's budget. CIPP does not function as a third-party evaluator.

    (i) Revise, as needed, the logic model submitted in the grant application to reflect any changes or clarifications to the model discussed at the kick-off meeting and to provide for a more comprehensive measurement of implementation and outcomes;

    (ii) Refine, as needed, the evaluation design and instrumentation proposed in the grant application consistent with the logic model (e.g., preparing evaluation questions about significant program processes and outcomes, developing quantitative or qualitative data collections that permit both the collection of progress data, including fidelity of implementation, as appropriate, and the assessment of effectiveness, selecting respondent samples if appropriate, designing instruments or identifying data sources, and identifying analytic strategies); and

    (iii) Revise, as needed, the evaluation plan submitted in the grant application such that it clearly—

    (A) Specifies the measures and associated instruments or sources for data appropriate to the evaluation questions, suggests analytic strategies for those data, provides a timeline for conducting the evaluation, and includes staff assignments for completion of the plan;

    (B) Delineates the data expected to be available by the end of the second project year for use during the project's intensive review for continued funding described under the heading Fourth and Fifth Years of the Project; and

    (C) Can be used to assist the project director and the OSEP project officer, with the assistance of CIPP as needed, to specify the performance measures to be addressed in the project's Annual Performance Report.

    (4) Cooperate with CIPP staff in order to accomplish the tasks described in paragraph (e)(3) of these application requirements.

    (5) Dedicate sufficient funds in each budget year to cover the costs of carrying out the tasks described in paragraphs (e)(3) and (e)(4) of these application requirements and implementing the evaluation plan.

    (f) In the narrative under “Required Project Assurances” or the appendices as directed, the applicant must—

    (1) Include, in Appendix A, a logic model that depicts, at a minimum, the project's proposed goals, activities, outputs, and outcomes. A logic model communicates how a project will achieve its outcomes and provides a framework for both the formative and summative evaluations of the project.

    Note:

    The following Web sites provide more information on logic models: www.researchutilization.org/matrix/logicmodel_resource3c.html and www.tadnet.org/pages/589.

    (2) Include, in Appendix A, a conceptual framework for the project.

    (3) Include, in Appendix A, person-loading charts (charts listing information such as key project staff, their full-time equivalent, and the number of days allocated to each major activity) and timelines to illustrate the management plan described in the narrative.

    (4) Include in the budget:

    (i) Attendance at the following:

    (A) A one and one-half day kick-off meeting to be held in Washington, DC, after receipt of the award, and an annual planning meeting held in Washington, DC, with the OSEP project officer during each subsequent year of the project period.

    Note:

    Within 30 days of receipt of the award, a post-award teleconference must be held between the OSEP project officer and the grantee's project director or other authorized representative.

    (B) A three-day project directors' meeting in Washington, DC, during each year of the project period.

    (C) One two-day trip annually to attend Department briefings, Department-sponsored conferences, and other meetings, as requested by OSEP.

    (D) A one-day meeting in Washington, DC, as described under the heading Fourth and Fifth Years of the Project.

    (ii) A line item for a summative evaluation to be conducted by an independent third party.

    (iii) A line item for an annual set-aside of five percent of the grant amount to support emerging needs that are consistent with the proposed project's activities, as those needs are identified in consultation with OSEP.

    Note:

    With approval from the OSEP project officer, the Center must reallocate any remaining funds from this annual set-aside no later than the end of the third quarter of each budget period.

    Fourth and Fifth Years of the Project

    In deciding whether to continue funding the Center for the fourth and fifth years, the Secretary will consider the requirements of 34 CFR 75.253(a), as well as—

    (a) The recommendation of a review team consisting of experts selected by the Secretary. This intensive review will be conducted during a one-day meeting in Washington, DC, that will be held during the last half of the second year of the project period;

    (b) The timeliness and effectiveness with which all requirements of the negotiated cooperative agreement have been or are being met by the Center; and

    (c) The quality, relevance, and usefulness of the Center's activities and products and the degree to which the Center's activities and products have contributed to changed practice and improved student access to the general education curriculum through improved access to high-quality AEM and devices.

    References Abedi, J., & Ewers, N. (2013, February). Smarter balanced assessment consortium: Accommodations for English language learners and students with disabilities. Retrieved from www.smarterbalanced.org/wordpress/wp-content/uploads/2012/08/Accomodations-for-under-represented-students.pdf. Division for Early Childhood of the Council for Exceptional Children. (2014, April). Recommended Practices in Early Intervention/Early Childhood Special Education 2014. Retrieved from http://dec.membershipsoftware.org/files/DEC%20RPs%206%2025%202014%20final1.pdf. Stahl, S. (2004). The promise of accessible textbooks: Increased achievement for all students. Wakefield, MA: National Center on Accessing the General Curriculum. Retrieved from http://aim.cast.org/learn/historyarchive/backgroundpapers/promise_of_accessible_textbooks#.VE6MEfldXYg.

    Waiver of Proposed Rulemaking: Under the Administrative Procedure Act (APA) (5 U.S.C. 553) the Department generally offers interested parties the opportunity to comment on proposed priorities and requirements. Section 681(d) of IDEA, however, makes the public comment requirements of the APA inapplicable to the priority in this notice.

    Program Authority:

    20 U.S.C. 1474 and 1481.

    Applicable Regulations: (a) The Education Department General Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 97, 98, and 99. (b) The Office of Management and Budget Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended in 2 CFR part 3474.

    Note:

    The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes.

    Note:

    The regulations in 34 CFR part 86 apply to institutions of higher education (IHEs) only.

    II. Award Information

    Type of Award: Cooperative agreement.

    Estimated Available Funds: $700,000 for the first year; and $1,200,000 for each subsequent year.

    Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2016 from the list of unfunded applicants from this competition.

    Maximum Award: We will reject any application that proposes a budget exceeding $700,000 for the first year or $1,200,000 for a subsequent year. The Assistant Secretary for Special Education and Rehabilitative Services may change the maximum amount through a notice published in the Federal Register.

    Estimated Number of Awards: 1.

    Note:

    The Department is not bound by any estimates in this notice.

    Project Period: Up to 36 months with an optional additional 24 months based on performance. Applications must include plans for both the 36-month award and the 24-month extension.

    III. Eligibility Information

    1. Eligible Applicants: SEAs; LEAs, including public charter schools that are considered LEAs under State law; IHEs; other public agencies; private nonprofit organizations; freely associated States and outlying areas; Indian tribes or tribal organizations; and for-profit organizations.

    2. Cost Sharing or Matching: This program does not require cost sharing or matching.

    3. Other General Requirements: (a) Recipients of funding under this competition must make positive efforts to employ and advance in employment qualified individuals with disabilities (see section 606 of IDEA).

    (b) Each applicant for, and recipient of, funding under this program must involve individuals with disabilities, or parents of individuals with disabilities ages birth through 26, in planning, implementing, and evaluating the project (see section 682(a)(1)(A) of IDEA).

    IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an application package via the Internet or from the Education Publications Center (ED Pubs). To obtain a copy via the Internet, use the following address: www.ed.gov/fund/grant/apply/grantapps/index.html. To obtain a copy from ED Pubs, write, fax, or call the following: ED Pubs, U.S. Department of Education, P.O. Box 22207, Alexandria, VA 22304. Telephone, toll free: 1-877-433-7827. FAX: (703) 605-6794. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call, toll free: 1-877-576-7734.

    You can contact ED Pubs at its Web site, also: www.EDPubs.gov or at its email address: [email protected]

    If you request an application from ED Pubs, be sure to identify this competition as follows: CFDA number 84.327B.

    Individuals with disabilities can obtain a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the person or team listed under Accessible Format in section VIII of this notice.

    2. Content and Form of Application Submission: Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition. Page Limit: The application narrative (part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit part III to no more than 70 pages, using the following standards:

    • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides.

    • Double-space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, reference citations, and captions, as well as all text in charts, tables, figures, graphs, and screen shots.

    • Use a font that is 12 point or larger.

    • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial. An application submitted in any other font (including Times Roman or Arial Narrow) will not be accepted.

    The page limit and double-spacing requirement does not apply to part I, the cover sheet; part II, the budget section, including the narrative budget justification; part IV, the assurances and certifications; or the abstract (follow the guidance provided in the application package for completing the abstract), the table of contents, the list of priority requirements, the resumes, the reference list, the letters of support, or the appendices. However, the page limit and double-spacing requirement does apply to all of part III, the application narrative, including all text in charts, tables, figures, graphs, and screen shots.

    We will reject your application if you exceed the page limit in the application narrative section or if you apply standards other than those specified in this notice and the application package.

    3. Submission Dates and Times:

    Applications Available: April 8, 2015.

    Deadline for Transmittal of Applications: May 26, 2015.

    Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 7. Other Submission Requirements of this notice.

    We do not consider an application that does not comply with the deadline requirements.

    Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.

    Deadline for Intergovernmental Review: July 22, 2015.

    4. Intergovernmental Review: This competition is subject to E. O. 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under E. O. 12372 is in the application package for this program.

    5. Funding Restrictions: We reference regulations outlining funding restrictions in the Applicable Regulations section of this notice.

    6. Data Universal Numbering System Number, Taxpayer Identification Number, and System for Award Management: To do business with the Department of Education, you must—

    a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);

    b. Register both your DUNS number and TIN with the System for Award Management (SAM) (formerly the Central Contractor Registry (CCR)), the Government's primary registrant database;

    c. Provide your DUNS number and TIN on your application; and

    d. Maintain an active SAM registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.

    You can obtain a DUNS number from Dun and Bradstreet. A DUNS number can be created within one to two business days.

    If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow two to five weeks for your TIN to become active.

    The SAM registration process can take approximately seven business days, but may take upwards of several weeks, depending on the completeness and accuracy of the data entered into the SAM database by an entity. Thus, if you think you might want to apply for Federal financial assistance under a program administered by the Department, please allow sufficient time to obtain and register your DUNS number and TIN. We strongly recommend that you register early.

    Note:

    Once your SAM registration is active, you will need to allow 24 to 48 hours for the information to be available in Grants.gov and before you can submit an application through Grants.gov.

    If you are currently registered with SAM, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your registration annually. This may take three or more business days.

    Information about SAM is available at www.SAM.gov. To further assist you with obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account, we have prepared a SAM.gov Tip Sheet, which you can find at: www2.ed.gov/fund/grant/apply/sam-faqs.html.

    In addition, if you are submitting your application via Grants.gov, you must (1) be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page: www.grants.gov/web/grants/register.html.

    7. Other Submission Requirements: Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications

    Applications for grants under the Research and Development Center to Advance the Use of New and Emerging Technologies to Ensure Accessibility competition, CFDA number 84.327B, must be submitted electronically using the Governmentwide Grants.gov Apply site at www.Grants.gov. Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not email an electronic copy of a grant application to us.

    We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under Exception to Electronic Submission Requirement.

    You may access the electronic grant application for the Research and Development Center to Advance the Use of New and Emerging Technologies to Ensure Accessibility competition at www.Grants.gov. You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.327, not 84.327B).

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.

    • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at www.G5.gov.

    • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.

    • You must submit all documents electronically, including all information you typically provide on the following forms: the Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.

    • You must upload any narrative sections and all other attachments to your application as files in a PDF (Portable Document) read-only, non-modifiable format. Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF or submit a password-protected file, we will not review that material. Additional, detailed information on how to attach files is in the application instructions.

    • Your electronic application must comply with any page-limit requirements described in this notice.

    • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by email. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application).

    • We may request that you provide us original signatures on forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System: If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted.

    Note:

    The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because—

    • You do not have access to the Internet; or

    • You do not have the capacity to upload large documents to the Grants.gov system;

    and

    • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application.

    If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.

    Address and mail or fax your statement to: Glinda Hill, U.S. Department of Education, 400 Maryland Avenue SW., room 4063, Potomac Center Plaza (PCP), Washington, DC 20202-2600. FAX: (202) 245-7617.

    Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice.

    b. Submission of Paper Applications by Mail

    If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address:

    U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.327B), LBJ Basement Level 1, 400 Maryland Avenue SW., Washington, DC 20202-4260.

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education.

    If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    If your application is postmarked after the application deadline date, we will not consider your application.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    c. Submission of Paper Applications by Hand Delivery

    If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.327B), 550 12th Street SW., Room 7039, Potomac Center Plaza, Washington, DC 20202-4260.

    The Application Control Center accepts hand deliveries daily between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications:

    If you mail or hand deliver your application to the Department—

    (1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and

    (2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition are from 34 CFR 75.210 and are listed in the application package.

    2. Review and Selection Process: We remind potential applicants that in reviewing applications in any discretionary grant competition, the Secretary may consider, under 34 CFR 75.217(d)(3), the past performance of the applicant in carrying out a previous award, such as the applicant's use of funds, achievement of project objectives, and compliance with grant conditions. The Secretary may also consider whether the applicant failed to submit a timely performance report or submitted a report of unacceptable quality.

    In addition, in making a competitive grant award, the Secretary also requires various assurances including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    3. Additional Review and Selection Process Factors: In the past, the Department has had difficulty finding peer reviewers for certain competitions because so many individuals who are eligible to serve as peer reviewers have conflicts of interest. The standing panel requirements under section 682(b) of IDEA also have placed additional constraints on the availability of reviewers. Therefore, the Department has determined that for some discretionary grant competitions, applications may be separated into two or more groups and ranked and selected for funding within specific groups. This procedure will make it easier for the Department to find peer reviewers by ensuring that greater numbers of individuals who are eligible to serve as reviewers for any particular group of applicants will not have conflicts of interest. It also will increase the quality, independence, and fairness of the review process, while permitting panel members to review applications under discretionary grant competitions for which they also have submitted applications. However, if the Department decides to select an equal number of applications in each group for funding, this may result in different cut-off points for fundable applications in each group.

    4. Special Conditions: Under 2 CFR 3474.10, the Secretary may impose special conditions and, in appropriate circumstances, high risk conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 2 CFR part 200, subpart D; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

    VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN); or we may send you an email containing a link to access an electronic version of your GAN. We may notify you informally, also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant.

    3. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 2 CFR part 170 should you receive funding under the competition. This does not apply if you have an exception under 2 CFR 170.110(b).

    (b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

    4. Performance Measures: Under the Government Performance and Results Act of 1993 (GPRA), the Department has established a set of performance measures, including long-term measures, that are designed to yield information on various aspects of the effectiveness and quality of the Educational Technology, Media, and Materials for Individuals with Disabilities Program. These measures are included in the application package and focus on the extent to which projects are of high quality, are relevant to improving outcomes of children with disabilities, contribute to improving outcomes for children with disabilities, and generate evidence of validity and availability to appropriate populations. Projects funded under this competition are required to submit data on these measures as directed by OSEP.

    Grantees will be required to report information on their project's performance in annual performance reports and additional performance data to the Department (34 CFR 75.590 and 75.591).

    5. Continuation Awards: In making a continuation award under 34 CFR 75.253, the Secretary considers, among other things: Whether a grantee has made substantial progress in achieving the goals and objectives of the project; whether the grantee has expended funds in a manner that is consistent with its approved application and budget; and, if the Secretary has established performance measurement requirements, the performance targets in the grantee's approved application. In making a continuation grant, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    VII. Agency Contact FOR FURTHER INFORMATION CONTACT:

    Glinda Hill, U.S. Department of Education, 400 Maryland Avenue SW., Room 4063, PCP, Washington, DC 20202-2600. Telephone: (202) 245-7376.

    If you use a TDD or a TTY, call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this document and a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the Grants and Contracts Services Team, U.S. Department of Education, 400 Maryland Avenue SW., Room 5037, PCP, Washington, DC 20202-2550. Telephone: (202) 245-7363. If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: April 2, 2015. Sue Swenson, Acting Assistant Secretary for Special Education and Rehabilitative Services.
    [FR Doc. 2015-08010 Filed 4-7-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY National Nuclear Security Administration Defense Programs Advisory Committee AGENCY:

    Office of Defense Programs, National Nuclear Security Administration, Department of Energy.

    ACTION:

    Notice of closed meeting.

    SUMMARY:

    This notice announces a closed meeting of the Defense Programs Advisory Committee (DPAC). The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of meetings be announced in the Federal Register. Due to national security considerations, under section 10(d) of the Act and 5 U.S.C. 552b(c), the meeting will be closed to the public and matters to be discussed are exempt from public disclosure under Executive Order 1 and the Atomic Energy Act of 1954, 42 U.S.C. 2161 and 2162, as amended.

    DATES:

    April 29, 2015, 8:00 a.m. to 5:00 p.m.—Sandia National Laboratories. April 30, 2015, 7:30 a.m. to 5:00 p.m.—Los Alamos National Laboratory. May 1, 2015, 9:00 a.m. to 5:00 p.m.—Sandia National Laboratory.

    ADDRESSES:

    Sandia National Laboratories, 1515 Eubank SE., Albuquerque, NM 87123; Los Alamos National Laboratory, Los Alamos, NM 87545.

    FOR FURTHER INFORMATION CONTACT:

    Loretta Martin, Office of RDT&E (NA-113), National Nuclear Security Administration, U.S. Department of Energy, 1000 Independence Ave. SW., Washington, DC 20585, (202) 586-7996.

    SUPPLEMENTARY INFORMATION:

    Background: The DPAC provides advice and recommendations to the Deputy Administrator for Defense Programs on the stewardship and maintenance of the Nation's nuclear deterrent.

    Purpose of the Meeting: The purpose of this meeting of the Defense Programs Advisory Committee is to discuss topics and provide advice and guidance with respect to the National Nuclear Security Administration stockpile stewardship and stockpile maintenance programs.

    Type of Meeting: In the interest of national security, the meeting will be closed to the public. The Federal Advisory Committee Act, 5 U.S.C., App. 2, section 10(d), and the Federal Advisory Committee Management Regulation, 41 CFR 102-3.155, incorporate by reference the Government in the Sunshine Act, 5 U.S.C. 552b, which, at 552b(c)(1) and (c)(3) permits closure of meetings where restricted data or other classified matters will be discussed. Such data and matters will be discussed at this meeting.

    Tentative Agenda: Day 1—Welcome, Topic 1-Session 1, Facility tour, Topic 1-Session 2. Day 2—Topic 1-Session 3, Facility tour, Topic 1-Session 4; Day 3—Welcome, Topic 1-Closeout Session, Executive Session, Conclusion.

    Public Participation: There will be no public participation in this closed meeting. Those wishing to provide written comments or statements to the Committee are invited to send them to Loretta Martin at the address listed above.

    Minutes: The minutes of the meeting will not be available.

    Issued in Washington, DC, on April 2, 2015. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2015-08060 Filed 4-7-15; 8:45 am] BILLING CODE 6450-01-P
    ENVIRONMENTAL PROTECTION AGENCY [A-1-FRL-9925-92-Region 1] Notice of Decision To Issue A Clean Air Act Permit Modification For Northeast Gateway Energy Bridge, LLC AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of final action.

    SUMMARY:

    This notice announces that EPA Region 1 issued a final permit decision for a Clean Air Act (CAA) permit modification (Permit number RG1-DPA-CAA-01M) to Northeast Gateway Energy Bridge, LLC for the operation of the Northeast Gateway Deepwater Port.

    DATES:

    EPA Region 1 issued a final CAA permit modification decision for the Northeast Gateway Deepwater Port on December 30, 2014. The CAA permit modification for the Northeast Gateway Deepwater Port became final and effective on December 30, 2014. Pursuant to Section 307(b)(1) of the Clean Air Act, 42 U.S.C. 7607(b)(1), judicial review of this final permit decision, to the extent it is available, may be sought by filing a petition for review in the United States Court of Appeals for the First Circuit within 60 days of April 8, 2015.

    ADDRESSES:

    Documents relevant to the above-referenced permit are available for public inspection between 9:00 a.m. and 4:00 p.m. at EPA Region 1's Boston office, John W. McCormack Post Office and Courthouse Building, 5 Post Office Square, Boston, MA. These materials may also be obtained on-line at EPA Region 1's Web site at http://www.epa.gov/region1/communities/nsemissions.html.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Bird, Air Permits, Toxics and Indoor Programs Unit, Environmental Protection Agency, EPA Region 1, (617) 918-1287, [email protected]

    SUPPLEMENTARY INFORMATION:

    EPA Region 1, acting in accordance with provisions of the Deepwater Port Act and the CAA, issued a final CAA permit modification decision on December 30, 2014 to Northeast Gateway Energy Bridge, LLC for the operation of the Northeast Gateway Deepwater Port, located in federal waters off the coast of Massachusetts. Prior to the permit being finalized, a draft permit was issued, and the permit underwent a public comment period, which included a public hearing. EPA Region 1 received no comments during the public comment period. All conditions of the Northeast Gateway Deepwater Port modified permit (Permit number RG1-DPA-CAA-01M) became final and effective on December 30, 2014.

    Dated: March 11, 2015. Deborah A. Szaro, Acting Regional Administrator, EPA Region 1.
    [FR Doc. 2015-08087 Filed 4-7-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OARM-2014-0857; 9925-40-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Background Checks for Contractor Employees (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Background Checks for Contractor Employees (Renewal)—EPA ICR No. 2159.06, OMB Control No. 2030-0043, to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through April 30, 2015. Public comments were previously requested via the Federal Register (80 FR 6956) on February 9, 2015, during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before May 8, 2015.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OARM-2014-0857, to: (1) EPA, online using www.regulations.gov (our preferred method), by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB, via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Dianne Lyles, Policy Training and Oversight Division, Office of Acquisition Management (3802R), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 202-564-6111; fax number: 202-565-2553; email address: [email protected].

    SUPPLEMENTARY INFORMATION:

    Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    Abstract: EPA uses contractors to perform services throughout the nation with regard to environmental emergencies involving the release or threatened release of oil, radioactive materials or hazardous chemicals that may potentially affect communities and the surrounding environment. The Agency may request contractors responding to any of these types of incidents to conduct background checks and apply government-established suitability criteria in Title 5 of the CFR (Administrative Personnel), Sections 731.104 (Appointments Subject to Investigation), 732.201 (Sensitivity Level Designations and Investigative Requirements), and 736.102 (Notice to Investigative Sources), when determining whether employees are acceptable to perform on given sites or on specific projects. In addition to emergency response contractors, EPA may require background checks for contractor personnel working in sensitive sites or sensitive projects. The background checks and application of the government's suitability criteria must be completed prior to contract employee performance. The contractor shall maintain records associated with all background checks. Background checks cover citizenship or valid visa status, criminal convictions, weapons offenses, felony convictions, and parties prohibited from receiving federal contracts.

    Form Numbers: None.

    Respondents/affected entities: Private Contractors.

    Respondent's obligation to respond: Required to obtain or retain a benefit under 5 CFR 731.104, 732.201 and 736.102.

    Estimated number of respondents: 1,000.

    Frequency of response: Annual.

    Total estimated burden: 1,000 hours (per year). Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $190,900 (per year), which includes no annualized capital or operation and maintenance costs.

    Changes in the Estimates: There is an increase of 450 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This is an adjustment to correct an error made when the current ICR was approved. While the currently approved supporting statement included 1,000 burden hours, this number was incorrectly entered into OMB's system as 450 hours. The correct hour burden, 1,000 hours, has not changed.

    Rebecca Moser, Deputy Director, Office of Information Collection.
    [FR Doc. 2015-08058 Filed 4-7-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2014-0888; FRL-9924-75] Notice of Receipt of Requests for Amendments To Terminate Uses in Certain Pesticide Registrations; Correction AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice; correction.

    SUMMARY:

    EPA issued a notice in the Federal Register of February 25, 2015, concerning Amendments to Terminate Uses in Certain Pesticide Registrations. This document corrects the uses being terminated for registration number 39967-118.

    FOR FURTHER INFORMATION CONTACT:

    Christopher Green, Information Technology and Resources Management Division (7502P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 347-0367; email address: [email protected].

    SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me?

    The Agency included in the February 25, 2015 notice, a list of those who may be potentially affected by this action.

    B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2014-0888, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

    II. What does this correction do?

    FR Doc. 2015-03926, published in the Federal Register of February 25, 2015, (80 FR 10091) (FRL-9921-65) is corrected as follows:

    On page 10091, fourth column, under the heading, Use to be terminated, paragraph 1, line 4, correct Arts, Crafts Latex, Finger Paints, Paints, Coating, Inks & Dyes to read Arts/Crafts Latex/Finger Paints. Authority:

    7 U.S.C. 136 et seq.

    Dated: March 19, 2015. Mark A. Hartman, Director, Information Technology and Resources Management Division, Office of Pesticide Programs.
    [FR Doc. 2015-07951 Filed 4-7-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2015-0206; FRL-9924-90] Pesticide Experimental Use Permit; Receipt of Application; Comment Request AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    This notice announces EPA's receipt of an application 100-EUP-RRA from Syngenta Crop Protection, LLC requesting an experimental use permit (EUP) for the termiticide Altriset containing the active ingredient chlorantraniliprole. The Agency has determined that the permit may be of regional and national significance. Therefore, because of the potential significance, EPA is seeking comments on this application.

    DATES:

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

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2015-0206 by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    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.

    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?

    This action is directed to the public in general. Although this action may be of particular interest to those persons who conduct or sponsor research on pesticides, the Agency has not attempted to describe all the specific entities that may be affected by this action.

    B. What should I consider as I prepare my comments for EPA?

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

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticide discussed in this document, compared to the general population.

    II. What action is the Agency taking?

    Under section 5 of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136c, EPA can allow manufacturers to field test pesticides under development. Manufacturers are required to obtain an EUP before testing new pesticides or new uses of pesticides if they conduct experimental field tests on 10 acres or more of land or one acre or more of water.

    Pursuant to 40 CFR 172.11(a), the Agency has determined that the following EUP application may be of regional and national significance, and therefore is seeking public comment on the EUP application:

    Submitter: Syngenta Crop Protection, LLC (100-EUP-RRA).

    Pesticide Chemical: Chlorantraniliprole.

    Summary of Request: Syngenta Crop Protection, LLC, has submitted an EUP application for 100-EUP-RRA for the termiticide Altriset containing the active ingredient chlorantraniliprole, to test a defined treatment on or around 100-125 residential and commercial structures infested with subterranean termites. Proposed shipment/use dates are February 1, 2015 through December 1, 2017. The total quantity of product proposed for shipment/use is 510 pounds of formulated product (94 pounds active ingredient). The states involved include Alabama, Arizona, Arkansas, California, Florida, Georgia, Iowa, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Nebraska, Nevada, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Virginia.

    Following the review of the application and any comments and data received in response to this solicitation, EPA will decide whether to issue or deny the EUP request, and if issued, the conditions under which it is to be conducted. Any issuance of an EUP will be announced in the Federal Register.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: March 26, 2015. Susan Lewis, Director, Registration Division, Office of Pesticide Programs.
    [FR Doc. 2015-07824 Filed 4-7-15; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL MARITIME COMMISSION Notice of Agreements Filed

    The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on the agreements to the Secretary, Federal Maritime Commission, Washington, DC 20573, within twelve days of the date this notice appears in the Federal Register. Copies of the agreements are available through the Commission's Web site (www.fmc.gov) or by contacting the Office of Agreements at (202) 523-5793 or [email protected]

    Agreement No.: 012067-011.

    Title: U.S. Supplemental Agreement to HLC Agreement.

    Parties: BBC Chartering & Logistics GmbH & Co. KG; Beluga Chartering GmbH; Chipolbrok; Clipper Projects Ltd; Hyundai Merchant Marine Co., Ltd.; Industrial Maritime Carriers, L.L.C.; Nordana Line A/S; and Rickmers-Linie GmbH & Cie. KG.

    Filing Party: Wade S. Hooker, Esq.; 211 Central Park W; New York, NY 10024.

    Synopsis: The amendment would delete Beluga Chartering GmbH and Clipper Projects Ltd. as parties to the U.S. agreement, change the addresses of other parties to the U.S. agreement, change the criteria for membership in the U.S. and HLC agreements, and update the list of other parties to the HLC agreement.

    Agreement No.: 012325.

    Title: EUKOR Car Carriers, Inc./Hoegh Autoliners Middle East Space Charter Agreement.

    Parties: EUKOR Car Carriers, Inc. and Hoegh Autoliners AS.

    Filing Party: Neal M. Mayer Esq.; Hoppel, Mayer & Coleman; 1050 Connecticut Ave. NW.; Washington, DC 20036.

    Synopsis: The agreement establishes a space charter agreement in the trade between the U.S. East and Gulf Coasts on the one hand, and ports along the Arabian Sea, Red Sea, Persian Gulf and Middle East, India and Pakistan on the other hand.

    By Order of the Federal Maritime Commission.

    Dated: April 3, 2015. Karen V. Gregory, Secretary.
    [FR Doc. 2015-08083 Filed 4-7-15; 8:45 am] BILLING CODE 6730-AA-P
    FEDERAL MARITIME COMMISSION Sunshine Act Meeting AGENCY HOLDING THE MEETING:

    Federal Maritime Commission.

    TIME AND DATE:

    April 13, 2015; 10:00 a.m.

    PLACE:

    800 N. Capitol Street NW., First Floor Hearing Room, Washington, DC.

    STATUS:

    The first portion of the meeting will be held in Open Session; the second in Closed Session.

    MATTERS TO BE CONSIDERED:

    Closed Session 1. Staff Report on Rules, Rates, and Practices Relating to Detention, Demurrage, and Free Time for Containerized Imports and Exports Moving Through Selected U.S. Ports 2. Discussion on Congestion at U.S. Ports and Major Carrier Alliances Presented by Commissioner Khouri CONTACT PERSON FOR MORE INFORMATION:

    Karen V. Gregory, Secretary, (202) 523-5725.

    Karen V. Gregory, Secretary.
    [FR Doc. 2015-08184 Filed 4-6-15; 4:15 pm] BILLING CODE 6731-AA-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and section 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than April 23, 2015.

    A. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:

    1. Trinity Capital Corporation Employee Stock Ownership Plan, Los Alamos, New Mexico, and co-trustee John Brunett, Santa Fe, New Mexico; to retain voting shares of Trinity Capital Corporation, and thereby indirectly retain voting shares of Los Alamos National Bank, both in Los Alamos, New Mexico.

    Board of Governors of the Federal Reserve System, April 3, 2015. Margaret McCloskey Shanks, Deputy Secretary of the Board.
    [FR Doc. 2015-08047 Filed 4-7-15; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than May 4, 2015.

    A. Federal Reserve Bank of St. Louis (Yvonne Sparks, Community Development Officer) P.O. Box 442, St. Louis, Missouri 63166-2034:

    1. LINCO Bancshares, Inc., Columbia, Missouri; to acquire 100 percent of the voting shares of Community First Bank, Fairview Heights, Illinois.

    B. Federal Reserve Bank of Dallas (Robert L. Triplett III, Senior Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272:

    1. Newcastle Bancshares, Inc., Newcastle, Texas; to become a bank holding company by acquiring 100 percent of the voting shares of Farmers State Bank of Newcastle, Newcastle, Texas.

    Board of Governors of the Federal Reserve System, April 3, 2015. Margaret McCloskey Shanks, Deputy Secretary of the Board.
    [FR Doc. 2015-08046 Filed 4-7-15; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Notice of Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking Activities

    The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y, (12 CFR part 225) to engage de novo, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in section 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States.

    Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act.

    Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 23, 2015.

    A. Federal Reserve Bank of San Francisco (Gerald C. Tsai, Director, Applications and Enforcement) 101 Market Street, San Francisco, California 94105-1579:

    1. Cathay Financial Holding Co., Ltd., Cathay Life Insurance Co., Ltd., Liang Ting Industrial Co., Ltd., Lin Yuan Investment Co., Ltd., Pai Hsing Investment Co., Ltd., Tung Chi Capital Co., Ltd., and Wan Ta Investment Co., Ltd., all in Taipei, Taiwan; to acquire Conning Holdings Corp., Hartford, Connecticut, and thereby engage in financial and investment advisory activities, and agency transactional services for customer investments, pursuant to sections 225.28(b)(6)(i) and 225.28(b)(7)(i).

    Board of Governors of the Federal Reserve System, April 3, 2015. Margaret McCloskey Shanks, Deputy Secretary of the Board.
    [FR Doc. 2015-08045 Filed 4-7-15; 8:45 am] BILLING CODE 6210-01-P
    GENERAL SERVICES ADMINISTRATION [Notice-CECANF-2015-03; Docket No. 2015-0004; Sequence No. 3] Commission To Eliminate Child Abuse and Neglect Fatalities; Announcement of Meeting AGENCY:

    Commission to Eliminate Child Abuse and Neglect Fatalities, GSA.

    ACTION:

    Meeting Notice.

    SUMMARY:

    The Commission to Eliminate Child Abuse and Neglect Fatalities (CECANF), a Federal Advisory Committee established by the Protect Our Kids Act of 2012, will hold a meeting open to the public on Tuesday, April 28, 2015 and Wednesday, April 29, 2015 in Memphis, Tennessee.

    DATES:

    The meeting will be held on Tuesday, April 28, 2015, from 8:00 a.m. to 5:15 p.m. Central Daylight Time (CDT), and Wednesday, April 29, 2015, from 8:00 a.m. to 1:00 p.m. Central Daylight Time (CDT). Comments regarding this meeting must be received by Friday, April 24, 2015, for consideration prior to the meeting.

    ADDRESSES:

    CECANF will convene its meeting at the Spring Hill Suites Memphis Downtown, 85 West Court Ave., Memphis, TN 38103. This site is accessible to individuals with disabilities. The meeting also will be made available via teleconference and/or webinar.

    Submit comments identified by “Notice-CECANF-2015-03,” by either of the following methods:

    • Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for “Notice-CECANF-2015-03.” Select the link “Comment Now” that corresponds with “Notice-CECANF-2015-03.” Follow the instructions provided on the screen. Please include your name, organization name (if any), and “Notice-CECANF-2015-03” on your attached document.

    • Mail: U.S. General Services Administration, 1800 F Street NW., Room 7003D, Washington, DC 20405, Attention: Tom Hodnett (CD) for CECANF.

    Instructions: Please submit comments only and cite “Notice-CECANF-2015-03” in all correspondence related to this notice. All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided.

    FOR FURTHER INFORMATION CONTACT:

    Visit the CECANF Web site at https://eliminatechildabusefatalities.sites.usa.gov/ or contact Patricia Brincefield, Communications Director, at 202-818-9596, U.S. General Services Administration, 1800 F Street NW., Room 7003D, Washington, DC 20405, Attention: Tom Hodnett (CD) for CECANF.

    SUPPLEMENTARY INFORMATION:

    Background: CECANF was established to develop a national strategy and recommendations for reducing fatalities resulting from child abuse and neglect.

    Agenda: This meeting will explore key research, policy, and practice in the state of Tennessee related to addressing and preventing child abuse and neglect fatalities. Speakers will address the role of child advocacy centers and methods of developing and implementing a safety-based culture in challenging environments. Commission members will then continue discussing the work plans of the Commission subcommittees, the information that they have obtained to date, and emerging high-level recommendations.

    Attendance at the Meeting: Individuals interested in attending the meeting in person or participating by webinar and teleconference must register in advance. To register to attend in person or by webinar/phone, please go to http://meetingtomorrow.com/webcast/CECANF and follow the prompts. Once you register, you will receive a confirmation email with the webinar login and teleconference number. Detailed meeting minutes will be posted within 90 days of the meeting. Members of the public will not have the opportunity to ask questions or otherwise participate in the meeting.

    However, members of the public wishing to comment should follow the steps detailed under the heading ADDRESSES in this publication or contact us via the CECANF Web site at https://eliminatechildabusefatalities.sites.usa.gov/contact-us/.

    Dated: April 1, 2015. Karen White, Executive Assistant.
    [FR Doc. 2015-08006 Filed 4-7-15; 8:45 am] BILLING CODE 6820-34-P
    GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090-0112; Docket 2015-0001; Sequence 9] Information Collection; Federal Management Regulation; State Agency Monthly Donation Report of Surplus Property, GSA Form 3040 AGENCY:

    Federal Acquisition Service, General Services Administration (GSA).

    ACTION:

    Notice of request for public comments regarding a renewal to an existing OMB clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding State Agency Monthly Donation Report of Surplus Property, GSA Form 3040.

    DATES:

    Submit comments on or before June 8, 2015.

    ADDRESSES:

    Submit comments identified by Information Collection 3090-0112, State Agency Monthly Donation Report of Surplus Personal Property by any of the following methods:

    Regulations.gov: http://www.regulations.gov.

    Submit comments via the Federal eRulemaking portal by searching for Information Collection 3090-0112. Select the link “Comment Now” that corresponds with “Information Collection 3090-0112; State Agency Monthly Donation Report of Surplus Personal Property” under the heading “Enter Keyword or ID” and select “Search”. Select the link “Submit a Comment” that corresponds with “Information Collection 3090-0112, State Agency Monthly Donation Report of Surplus Personal Property”. Follow the instructions provided on the screen. Please include your name, company name (if any), and “Information Collection 3090-0112, State Agency Monthly Donation Report of Surplus Personal Property” on your attached document.

    Fax: 202-501-4067.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Flowers/IC 3090-0112, State Agency Monthly Donation Report of Surplus Personal Property.

    Instructions: Please submit comments only and cite Information Collection 3090-0112, State Agency Monthly Donation Report of Surplus Personal Property, in all correspondence related to this collection. All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided.

    FOR FURTHER INFORMATION CONTACT:

    Joyce Spalding, Federal Acquisition Service, GSA at telephone 703-605-2888 or via email to [email protected]

    SUPPLEMENTARY INFORMATION:

    A. Purpose

    This report complies with Public Law 94-519, which requires annual reports of donations of personal property to public agencies for use in carrying out such purposes as conservation, economic development, education, parks and recreation, public health, and public safety.

    B. Annual Reporting Burden

    Respondents: 55.

    Responses per Respondent: 4.

    Total Responses: 220.

    Hours per Response: 1.5.

    Total Burden Hours: 330.

    C. Public Comments

    Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate and based on valid assumptions and methodology; and ways to enhance the quality, utility, and clarity of the information to be collected.

    Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20006, telephone 202-501-4755. Please cite OMB Control No. 3090-0112, GSA Form 3040, State Agency Monthly Donation Report of Surplus Personal Property, in all correspondence.

    Dated: March 31, 2015. David Shive, Acting Chief Information Officer.
    [FR Doc. 2015-08002 Filed 4-7-15; 8:45 am] BILLING CODE 6820-34-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-15-15XT;Docket No. CDC-2015-0017] Proposed Data Collection Submitted for Public Comment and Recommendations AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice with comment period.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC), as part of its continuing efforts to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. This notice invites comment on Enhancing Mine Workers' Abilities to Identify Hazards at Sand, Stone, and Gravel (SSG) Mines. The objective of this project is to characterize SSG mine workers ability to recognize worksite hazards, to understand how this ability relates to perceived and measured risk as well as to other factors internal and external to the SSG mine worker.

    DATES:

    Written comments must be received on or before June 8, 2015.

    ADDRESSES:

    You may submit comments, identified by Docket No. CDC-2015-0017 by any of the following methods:

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

    Mail: Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329.

    Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to Regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to Regulations.gov.

    Please note: All public comment should be submitted through the Federal eRulemaking portal (Regulations.gov) or by U.S. mail to the address listed above.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact the Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below.

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information.

    Proposed Project

    Enhancing Mine Workers' Abilities to Identify Hazards at Sand, Stone, and Gravel Mines—New—National Institute for Occupational Safety and Health (NIOSH), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    NIOSH, under Pub. L. 91-173 as amended by Pub. L. 95-164 (Federal Mine Safety and Health Act of 1977), and Pub. L. 109-236 (Mine Improvement and New Emergency Response Act of 2006) has the responsibility to conduct research to improve working conditions and to prevent accidents and occupational diseases in underground coal and metal/nonmetal mines in the U.S.

    Hazard recognition is only the first step to a safe work environment. A miner must be able to identify a hazard, recognize the risk associated with the hazard, and then make a decision of how to mitigate the risk and perform the task safely. Risk is defined as the combination of the likelihood an event will occur and the adverse consequences of that event (Brown & Groeger, 1988). Risk perception, the recognition of the risk inherent in a situation, influences decision making with regards to job safety (Hunter, 2002). Being able to recognize worksite hazards and then accurately perceive the associated risk are critical skills that lead to the work behavior decision-making process that is used to eliminate or reduce mining hazards related to operations and maintenance of machinery, operation of powered haulage, material handling, etc. that can result in injury or death.

    Hazard recognition is integral to risk perception, situational awareness, and decision making—that is, if the mine worker is unable to recognize worksite hazards, then steps cannot be taken to eliminate or mitigate them. Thus, the mine worker must first be able to recognize that a hazard is present in the environment and then understand the risk the hazard poses to their safety and health in order to make the best decision possible about how to deal with the hazard. Hazard recognition is a necessary skill for all mine workers; therefore, a better understanding of the hazard recognition process within the mining environment is a critical need that this research will fulfill for the industry.

    Given the aforementioned, the objective of the project is to characterize SSG mine workers' ability to recognize worksite hazards, to understand how this ability relates to perceived and measured risk as well as to other factors internal and external to the SSG mine worker.

    In order to determine how SSG mine workers' recognize and understand the risk associated with mine site hazards, NIOSH will conduct a laboratory-based experimental research study. Throughout the laboratory study, participants will wear a light weight eye-tracking system. Eye-movements will be collected throughout the task so that search patterns can be mapped during analysis to determine differences based on level of experience. NIOSH will also collect identification accuracy data to determine whether level of experience affects the number of hazards identified.

    NIOSH will collect additional measures related to perceived risk and risk tolerance. Researchers will assess perceived risk using a Risk Assessment measure which has three parts: (1) An overall evaluation of risk level; (2) an evaluation of accident severity; and (3) an evaluation of risk probability. This will be done for each hazard included in the study.

    Researchers will assess Risk Tolerance in two ways: (1) Through the use of the Risk Propensity Scale (Meertens & Lion, 2008) and (2) through the use of Risk Tolerance Workplace Scenarios (Lehmann, Haight, & Michael, 2009). NIOSH will also collect qualitative data through the use of open-ended interview questions.

    NIOSH will collect data from SSG mine workers, SSG safety professionals, and students knowledgeable of safety and health issues at SSG mine sites but who have limited work experience on a mine site. The purposes of collecting data from these three groups of participants are to identify differences in hazard recognition abilities and determine how these abilities change—and whether they change—with level of experience and amount of experience with hazards at SSG mine sites.

    The total estimated burden hours are 160. There are no costs to respondents other than their time.

    Estimated Annualized Burden Hours Type of respondents Form name Number of
  • respondents
  • Number
  • responses per
  • respondent
  • Avg. burden
  • per response
  • (in hrs.)
  • Total burden
  • (in hrs.)
  • Mine Employee Prescreening Questionnaire 45 1 15/60 11 Safety Professional Prescreening Questionnaire 20 1 15/60 5 Student Prescreening Questionnaire 20 1 15/60 5 Mine Employee Informed Consent 30 1 6/60 3 Safety Professional Informed Consent 15 1 6/60 2 Student Informed Consent 15 1 6/60 2 Mine Employee Demographic Questionnaire 30 1 6/60 3 Safety Professional Demographic Questionnaire 15 1 6/60 2 Student Demographic Questionnaire 15 1 6/60 2 Mine Employee Experimental Task 30 1 60/60 30 Safety Professional Experimental Task 15 1 1 15 Student Experimental Task 15 1 1 15 Mine Employee Risk Assessment Measure 30 1 20/60 10 Safety Professional Risk Assessment Measure 15 1 20/60 5 Student Risk Assessment Measure 15 1 20/60 5 Mine Employee Risk Propensity Scale 30 1 6/60 3 Safety Professional Risk Propensity Scale 15 1 6/60 2 Student Risk Propensity Scale 15 1 6/60 2 Mine Employee Mine Specific Risk Tolerance Measure 30 1 6/60 3 Safety Professional Mine Specific Risk Tolerance Measure 15 1 6/60 2 Student Mine Specific Risk Tolerance Measure 15 1 6/60 2 Mine Employee Open Ended Questions 30 1 30/60 15 Safety Professional Open Ended Questions 15 1 30/60 8 Student Open Ended Questions 15 1 30/60 8 Total 160
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2015-08026 Filed 4-7-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial Review

    In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces a meeting for the initial review of applications in response to (FOA) DP15-002, Population-based Diabetes in Youth Registry.

    Time and Date: 11 a.m.-6 p.m., April 29, 2015 (Closed).

    Place: Teleconference.

    Status: The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c) (4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463.

    Matters for Discussion: The meeting will include the initial review, discussion, and evaluation of applications received in response to “Population-based Diabetes in Youth Registry, DP15-002, initial review.”

    Contact Person for More Information: Brenda Colley Gilbert, Ph.D., M.S.P.H., Director, Extramural Research Program Operations and Services, CDC, 4770 Buford Highway NE., Mailstop F-80, Atlanta, Georgia 30341, Telephone: (770) 488-6295, [email protected]

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Catherine Ramadei, Acting Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2015-07998 Filed 4-7-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-15-15UJ; Docket No. CDC-2015-0019] Proposed Data Collection Submitted for Public Comment and Recommendations AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice with comment period.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC), as part of its continuing efforts to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. This notice invites comment on procedures to conduct interviews with Age Friendly Initiative, Senior Village, and local health department staff, as well as surveys of older adults.

    DATES:

    Written comments must be received on or before June 8, 2015.

    ADDRESSES:

    You may submit comments, identified by Docket No. CDC-2015-0019 by any of the following methods:

    • Federal eRulemaking Portal: Regulation.gov. Follow the instructions for submitting comments.

    • Mail: Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329.

    Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to Regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to Regulations.gov.

    Please note:

    All public comment should be submitted through the Federal eRulemaking portal (Regulations.gov) or by U.S. mail to the address listed above.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact the Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road, NE., MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below.

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information.

    Proposed Project

    Examining how Local Health Departments can Leverage Age-Friendly Cities Initiatives to Build Resilience in Elderly Populations—New—Office of Public Health Preparedness and Response (OPHPR), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    Despite considerable progress in efforts to define and build community resilience (CR), critical gaps remain in addressing the needs of older adults (age 60+), which is expected to rise to 25% by 2050. Age Friendly Initiatives (AFIs), including Senior Villages (SV) represent a promising strategy for U.S. communities and cities to support older adults aging in place, and could potentially build CR. However, few AFIs have wholly incorporated the critical element of emergency preparedness and resilience. Even when these domains have been included, there is no evaluation of whether these efforts have resulted in improved resilience outcomes among seniors (e.g., greater self-sufficiency).

    CDC is requesting a 24-month OMB clearance period to conduct and analyze telephone interview data to identify how current AFIs and CR efforts align; understand AFI and SV relationships with LHDs; clarify the process through which policymakers can incorporate CR into AFIs; survey test sites in a quasi-experimental design of AFIs currently underway; and develop a toolkit to help LHDs identify the need for AFIs, evaluate and monitor AFIs ability to improve resilience, develop effective and efficient partnerships with AFIs to expand AFI-LHD efforts across the U.S to build community resilience.

    RAND Corporation research staff will conduct the telephone interviews (average of 30 minutes) over a 3-9 month period beginning approximately one month after OMB approval. The target universe for the interviews with key informants comprises three types of respondents (a) SV executive directors; (b) AFI staff; and (c) local public health department officials. SVs are neighborhood-based and are grassroots organizations usually led by older adult residents. AFIs in the U.S. can be either city-based or county-based and are led by city/county-level administration, health departments, academic centers, and/or volunteer organizations. CDC will recruit no more than 30 SV executive directors, 31 staff from AFIs, and 15 local health department officials.

    To assess the variability in AFIs and SVs and identify opportunities for integrating community resilience goals and activities into their development and ongoing activities, CDC will conduct qualitative interviews using semi-structured interview guides (each interview guide for the three groups is different). These interview guides ask about the AFIs' or SVs' structure, stage of implementation, linkage with public health departments, and whether (and what types) of emergency preparedness (EP) activities are provided to older adults in their community.

    For the telephone survey of older adults, data collection by a survey firm will take place over a 9-15 month period beginning approximately 9 months after OMB approval. The sample will comprise of 1,550 adults age 65 and older from three types of communities: Communities with SVs that engage in EP activities, communities with SVs that do not engage in EP activities, and control communities without SVs or other AFIs.

    The survey firm will conduct a random digit dial (RDD) survey (approximately 20 minutes) of 1,550 older adults to evaluate the effects of being village member versus not living in a SV, and the effects of living in a SV with EP preparedness activities.

    SV members will be identified and recruited in two ways: Member lists with contact information will be submitted to the research team by SV executive directors or SV executive directors will send a recruitment letter on our behalf. The survey will begin with a screening question to identify SV member status (1-2 minutes). We anticipate that we will need to screen out approximately 1,431 participants to identify our target sample: SV members who live in an SV that does engage in EP activities; SV members who live in a SV that do not engage in EP activities; and older adults that do not live in a SV. The outcomes and control variables we will measure in the survey of older adults are: Disaster resilience, social connectedness, self-sufficiency, emotional resilience, attention to health needs, exposure to age-friendly initiatives, age, gender, race/ethnicity, length of time living in community, current living situation, income, and presence of chronic health conditions.

    There are no costs to respondents other than their time. The total estimated annual burden hours are 580. A summary of annualized burden hours is below.

    Estimated Annualized Burden Hours Type of respondents Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Avg. burden per response (in hrs) Total burden (in hrs)
    Age Friendly Initiative Staff Interview Guide for Age Friendly Initiative Staff 31 1 30/60 16 Senior Village Director Interview Guide for Senior Village Director 30 1 30/60 15 Local Health Department Representative Interview Guide for Local Health Department Representative 15 1 30/60 8 Older Adult—Screened Out Senior Village Survey 1,431 1 1/60 24 Older Adult—Participant Senior Village Survey 1,550 1 20/60 517 Total 580
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2015-08027 Filed 4-7-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial Review

    In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces a meeting for the initial review of applications in response to (FOA) DP15-001, Natural Experiments of the Impact of Population-targeted Health Policies to Prevent Diabetes and its Complications.

    Time And Date: 11 a.m.-6 p.m., May 5-6, 2015 (Closed).

    Place: Teleconference.

    Status: The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c) (4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463.

    Matters For Discussion: The meeting will include the initial review, discussion, and evaluation of applications received in response to “Natural Experiments of the Impact of Population-targeted Health Policies to Prevent Diabetes and its Complications, DP15-001, initial review.”

    Contact Person For More Information: Brenda Colley Gilbert, Ph.D., M.S.P.H., Director, Extramural Research Program Operations and Services, CDC, 4770 Buford Highway NE., Mailstop F-80, Atlanta, Georgia 30341, Telephone: (770) 488-6295, [email protected]

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry. Catherine Ramadei, Acting Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2015-07997 Filed 4-7-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-15-1005; Docket No. CDC-2015-0018] Proposed Data Collection Submitted for Public Comment and Recommendations AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice with comment period.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC), as part of its continuing efforts to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. This notice invites comment on the information collection request for reinstatement with change of the collection previously approved under OMB control number 0920-1005—“Conduct an Older Adult Mobility Assessment Tool Impact Evaluation and Develop a Dissemination Plan”. This collection will help evaluate whether the Mobility Planning Tool is effective for promoting readiness to adopt mobility-protective behaviors in older adults.

    DATES:

    Written comments must be received on or before June 8, 2015.

    ADDRESSES:

    You may submit comments, identified by Docket No. CDC-2015-0018 by any of the following methods:

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

    Mail: Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329.

    Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to Regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to Regulations.gov.

    Please note:

    All public comment should be submitted through the Federal eRulemaking portal (Regulations.gov) or by U.S. mail to the address listed above.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact the Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below.

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information.

    Proposed Project

    Conduct an Older Adult Mobility Assessment Tool Impact Evaluation and Develop a Dissemination Plan (OMB Control No. 0920-1005)—Reinstatement with Change—National Center for Injury Prevention and Control (NCIPC), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    CDC's National Center for Injury Prevention and Control (NCIPC) requests approval for 3 years, from the Office of Management and Budget (OMB) for a reinstatement with change for the previously approved OMB No. 0920-1005 (Exp. Date: 12-31-2014) designed to evaluate whether the Mobility Planning Tool is effective for promoting readiness to adopt mobility-protective behaviors in older adults and assess potential strategies for dissemination of the Mobility Planning Tool. With this reinstatement, NCIPC requests a change of title from “Older Adult Safe Mobility Assessment Tool” to “Conduct an Older Adult Mobility Assessment Tool Impact Evaluation and Develop a Dissemination Plan.

    The population of older adults in the U.S. is growing rapidly. By 2030, this segment of the population will increase to an estimated 72 million (20% of the U.S. population). A critical public health issue for the older adult population is mobility—how well people are able to get to places they need to go. The goals of this study are to evaluate (1) whether the Mobility Planning Tool (MPT) is effective for promoting readiness to adopt mobility-protective behaviors in older adults and (2) assess potential strategies for dissemination of the MPT.

    NCIPC will collect study data using telephone interviews. The study population is community-living older adults ages 60-74 with no known mobility limitations. A total of 1,000 individuals will participate in the study. Prospective respondents will answer a series of screening questions. Individuals who meet the screening criteria and are willing to participate will complete a baseline and follow-up interview each lasting approximately 10 minutes.

    NCIPC will analyzed the collected data using descriptive statistics and a series of t-tests, chi-square analyses, and Mann-Whitney U-tests. Multivariate analyses will include a series of repeated measures Analysis of Variance (ANOVA), and logistic regressions.

    The data collected from this study will help CDC identify what further revisions to the MPT might be necessary before it is disseminated publicly. Selected study findings may eventually be presented in oral and poster presentations and published in a peer-reviewed journal. Without this information collection, CDC will not know whether the MPT is an effective tool for promoting readiness to adopt mobility-protective behaviors in older adults and will not know whether additional revisions to the tool are necessary before the MPT is disseminated publicly. Without this study, CDC will have limited information about what strategies are most likely to be effective for disseminating the MPT publicly to the target audience.

    The total estimated annual burden hours are 734.

    Estimated Annualized Burden Hours Type of respondents Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total burden
  • (in hours)
  • Individuals Responding to Initial Phone Call Who Refuse to be Screened Screening Interview Guide 2,500 1 1/60 42 Individuals Responding to Initial Phone Call Responding to Screening Questions Screening Interview Guide 1,500 1 5/60 125 Study Participants Baseline Interview Guide 1,000 1 10/60 167 Study Participants MPT 500 1 30/60 250 Study Participants Follow-up Interview Guide 900 1 10/60 150 Total 734
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2015-08028 Filed 4-7-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-N-0986] Center for Devices and Radiological Health: Experiential Learning Program AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA), Center for Devices and Radiological Health (CDRH or Center) is announcing the 2015 Experiential Learning Program (ELP). This training component is intended to provide CDRH staff with an opportunity to understand the policies, laboratory practices, and challenges faced in broader disciplines that impact the device development life cycle. The purpose of this document is to invite medical device industry, academia, and health care facilities to apply to participate in this formal training program for FDA's medical device review staff, or to contact CDRH for more information regarding the ELP.

    DATES:

    Submit either an electronic or written request for participation in the ELP by May 8, 2015. The proposal should include a description of your facility relative to focus areas described in tables 1or 2). Please include the Area of Interest (see tables 1or 2) that the site visit will demonstrate to CDRH staff, a contact person, site visit location(s), length of site visit, proposed dates, and maximum number of CDRH staff that can be accommodated during a site visit. Proposals submitted without this minimum information will not be considered. In addition, please include an agenda outlining the proposed training for the site visit. A sample request and agenda are available on the ELP Web site at http://www.fda.gov/downloads/ScienceResearch/ScienceCareerOpportunities/UCM392988.pdf and http://www.fda.gov/scienceresearch/sciencecareeropportunities/ucm380676.htm.

    ADDRESSES:

    Submit either electronic requests to http://www.regulations.gov or written requests to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. Identify proposals with the docket number found in brackets in the heading of this document.

    FOR FURTHER INFORMATION CONTACT:

    Latonya Powell, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 5232, Silver Spring, MD 20993-0002, 301-796-6965, FAX: 301-827-3079, [email protected]

    SUPPLEMENTARY INFORMATION: I. Background

    CDRH is responsible for ensuring the safety and effectiveness of medical devices marketed in the United States. Furthermore, CDRH assures that patients and providers have timely and continued access to high-quality, safe, and effective medical devices. In support of this mission, the Center launched various training and development initiatives to enhance performance of its staff involved in regulatory review and in the premarket review process. One of these initiatives, the ELP Pilot, was launched in 2012 and fully implemented on April 2, 2013 (78 FR 19711). CDRH is committed to advancing regulatory science; providing industry with predictable, consistent, transparent, and efficient regulatory pathways; and helping to ensure consumer confidence in medical devices marketed in the United States and throughout the world. The ELP is intended to provide CDRH staff with an opportunity to understand the policies, laboratory practices, and challenges faced in broader disciplines that impact the device development life cycle. This is a collaborative effort to enhance communication and facilitate the premarket review process. Furthermore, CDRH is committed to understanding current industry practices, innovative technologies, regulatory impacts, and regulatory needs.

    These formal training visits are not intended for FDA to inspect, assess, judge, or perform a regulatory function (e.g., compliance inspection), but rather, they are an opportunity to provide CDRH review staff a better understanding of the products they review. Through this notice, CDRH is formally requesting participation from companies, academia, and clinical facilities, including those that have previously participated in the ELP or other FDA site visit programs.

    II. ELP A. ELP Training Component

    In this training program, groups of CDRH staff will observe operations at research, manufacturing, academia, and health care facilities. The focus areas and specific areas of interest for visits may include the following:

    Table 1—Areas of Interest—Medical Devices/Technology Focus area Specific areas of interest Failure analysis of orthopedic devices Methods for retrieval and preservation of failed implants for analysis; understanding how retrieved implants may be analyzed; methods for identifying failure modes; understanding how analysis of failed implants influences device design modifications. Radiologic analysis of orthopedic devices Methods of radiologic analysis and associated data analyses; radiologic imaging core laboratories. Automated external defibrillators (AEDs) Manufacturing process; incoming component inspection; design verification testing; human factors testing; returned product testing (as available). Diagnostic imaging catheters for cardiovascular diseases Manufacturing process; design verification testing; returned product testing (as available); ultrasound, optical coherence tomography (OCT), and near infrared spectroscopy (NIS) catheters. Endovascular grafts for treatment of aortic aneurysms Physician-sponsored clinical studies; observation of endovascular grafting surgical procedure; surgical planning process; factors that influence device modifications (e.g., patient anatomy, patient pathology). Animal models for evaluation of hemostatic devices Models of traumatic injury and severe hemorrhage; limitations of the model; understanding the relevance of the data generated from these models in evaluating hemostatic devices. Hyaluronic acid in dermal tissue fillers Manufacturing process; source materials; performance testing (e.g., material characterization, biocompatibility, residence time). Minimally invasive glaucoma surgery (MIGS) devices Observation of a MIGS procedure; surgical planning; surgical challenges. Neurointerventional devices Stents, flow-diverters, mesh balls, coils, and other related devices; observation of surgical procedures; understanding of clinical decision making for relevant patient populations; manufacturing; performance testing. Implantable functional electrical stimulation devices Observation of implantation procedure; surgical challenges. Male condoms Manufacturing process; lot release testing (e.g., airburst, water leak, dimensional analysis). Solid organ preservation devices Observation of organ preservation procedures; pulsatile perfusion (for either cold storage or normothermia). Infusion pumps Manufacturing process; device design considerations; patch pumps; insulin pumps; implantable infusion pumps; implantable ports. Bone grafting materials for dental applications Manufacturing process; sourcing process; viral inactivation testing; animal testing. Table 2—Areas of Interest—In Vitro Diagnostic and Radiological Devices/Technology Focus area Specific areas of interest Manufacturing of glucose test strips and meters Observation of the manufacturing and in-process and finished device testing of glucose monitoring devices. Manufacturing of continuous glucose monitoring systems and insulin pumps Observation of the manufacturing and in-process and finished device testing of glucose monitors and insulin pumps. Manufacturing of chemistry devices Observation of the manufacturing and in-process and finished device testing of point of care chemistry cassettes/cartridges/strips for smaller chemistry analyzers used in clinical and point of care settings. Manufacturing of chemistry reagent, controls and calibrators Observation of the manufacturing and in-process and finished device testing of chemistry reagents, calibrators, and controls for common chemistry analytes used in a clinical laboratory setting. Manufacturing of urine test strips and readers Manufacturing and observation of in process or finished device testing for urine test strips and meters in clinical laboratory and point of care testing settings. Manufacturing and development of IHC (immunohistochemistry) devices Observation of manufacturing, in-process testing, and/or finished device testing of IHC devices (used in the diagnostic evaluation of cancer, classification of tumors, or companion diagnostic testing). Manufacturing and development of ISH (in situ hybridization) devices Observation of the manufacturing, in-process testing, or finished device testing of colorimetric in situ hybridization (CISH) and/or fluorescent in situ hybridization (FISH) assays used in identifying specific nucleic acid sequences within tissue sections (for diagnostic and/or treatment decisions). Manufacturing and development of NGS (next gen sequencing) platforms and devices Observation of NGS sequencing platforms, bioinformatic analysis of the resulting sequence information, and types of interpretative software for potential clinical purposes. Manufacturing, development and observation of CTC (circulating tumor cells) devices Observation of the manufacturing, in-process testing, or finished device testing of CTC devices that assess the prognosis of patients with metastatic breast, colorectal, or prostate cancer (manufacturing site or research site or clinical setting). Manufacturing, development and/or observation of clinical mass spectrometers and high performance liquid chromatography (HPLC) devices Observe the manufacturing, development and/or demonstration of clinical mass spectrometers and HPLC as part of laboratory workflow including sample preparation, equipment usage, and data analysis. Manufacturing, development and research of flow cytometry devices and components Manufacturing, research, and development of in-process testing, or finished device testing of cytometry analyzers and accompanying components. Manufacturing of immunoassays for autoimmune diseases Manufacturing and development of in-process testing, or finished device testing, for diagnostic evaluation and research. Manufacturing and development of coagulation—point of care devices Manufacturing and development of in-process or finished device testing for point of care devices such as Prothrombin Time and International Normalized Ratio (PT/INR) meters. Manufacturing and product development of global hemostasis testing devices Manufacturing of global hemostasis testing for anti-coagulants and anti-platelet drugs for new molecular targets to assess the level of drug-induced inhibition for qualitative and quantitative evaluation. Manufacturing and product development of direct anticoagulants assays/controls/calibrators Manufacturing and development of assays, controls, and calibrators for the detection of direct anticoagulants. Observation of testing of sequencing technologies in large sequencing centers Visit a sequencing center where various sequencing methods are used for different applications other than in vitro diagnostic devices (IVD) manufacturing. Manufacturing, and product evaluation of IVDs using next generation sequencing (NGS) technology Visit a manufacturer of IVD designed for sequencing of microorganisms for identification purposes. Clinical applications-NGS in practice Visit a clinical laboratory that uses NGS as a diagnostic/screening tool. Antimicrobial susceptibility testing (AST) Visit to a manufacturer of antimicrobial susceptibility test platforms intended for use in clinical laboratory settings. Antimicrobial susceptibility testing (AST) Visit to a clinical laboratory that employs various AST methodologies for identification of antibiotic resistance. B. Site Selection

    CDRH will be responsible for CDRH staff travel expenses associated with the site visits. CDRH will not provide funds to support the training provided by the site to this ELP. Selection of potential facilities will be based on CDRH's priorities for staff training and resources available to fund this program. In addition to logistical and other resource factors, all sites must have a successful compliance record with FDA or another Agency with which FDA has a memorandum of understanding. If a site visit involves a visit to a separate physical location of another firm under contract with the site, that firm must agree to participate in the ELP and must also have a satisfactory compliance history.

    III. Request for Participation

    Submit proposals for participation with the docket number found in the brackets in the heading of this document. Received requests may be seen in the Division of Dockets Management (see ADDRESSES) between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: April 2, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-08017 Filed 4-7-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES DEPARTMENT OF AGRICULTURE Solicitation of Written Comments on the Scientific Report of the 2015 Dietary Guidelines Advisory Committee; Extension of Comment Period AGENCY:

    Office of the Assistant Secretary for Health, Office of the Secretary, Department of Health and Human Services; and Food, Nutrition and Consumer Services and Research, Education, and Economics. U.S. Department of Agriculture.

    ACTION:

    Notice.

    SUMMARY:

    A notice was published in the Federal Register on Monday, February 23, 2015, Vol. 80, No. 35, pages 9465-9466 to announce the availability of the Scientific Report of the 2015 Dietary Guidelines Advisory Committee (Advisory Report) and to solicit written comments on the Advisory Report (among other things). In the notice dated February 23, 2015, it was announced that the due date for providing comments was April 8, 2015. This notice is to announce the extension of the solicitation period to allow for additional time for written comments to be submitted for consideration.

    DATES:

    The comment period is extended and thus will end at 11:59 p.m., E.D.T. on May 8, 2015.

    ADDRESSES:

    The Advisory Report is available on the Internet at www.DietaryGuidelines.gov. Written public comments on the Advisory Report can be submitted and/or viewed at www.DietaryGuidelines.gov using the “Submit Comments” and “Read Comments” links, respectively.

    FOR FURTHER INFORMATION CONTACT:

    Designated Federal Officer (DFO), 2015 DGAC, Richard D. Olson, M.D., M.P.H.; Office of Disease Prevention and Health Promotion, OASH/HHS; 1101 Wootton Parkway, Suite LL100 Tower Building; Rockville, MD 20852: Telephone: (240) 453-8280; Fax: (240) 453-8281; Alternate DFO, 2015 DGAC, Kellie (O'Connell) Casavale, Ph.D., R.D., Nutrition Advisor; Office of Disease Prevention and Health Promotion, OASH/HHS; 1101 Wootton Parkway, Suite LL100 Tower Building; Rockville, MD 20852: Telephone: (240) 453-8280; Fax: (240) 453-8281; Lead USDA Co-Executive Secretary, Colette I. Rihane, M.S., R.D., Director, Office of Nutrition Guidance and Analysis, Center for Nutrition Policy and Promotion, USDA; 3101 Park Center Drive, Room 1034; Alexandria, VA 22302; Telephone: (703) 305-7600; Fax: (703) 305-3300; and/or USDA Co-Executive Secretary, Shanthy A. Bowman, Ph.D., Nutritionist, Food Surveys Research Group, Beltsville Human Nutrition Research Center, Agricultural Research Service, USDA; 10300 Baltimore Avenue, BARC-West Bldg. 005, Room 125; Beltsville, MD 20705-2350; Telephone: (301) 504-0619.

    Dated: March 24, 2015. Don Wright, Deputy Assistant Secretary for Health, Office of Disease Prevention and Health Promotion, Office of the Assistant Secretary for Health, U.S. Department of Health and Human Services. Dated: March 24, 2015. Angela Tagtow, Executive Director, Center for Nutrition Policy and Promotion, U.S. Department of Agriculture. Dated: March 23, 2015. Steven R. Shafer, Associate Administrator, Agricultural Research Service, U.S. Department of Agriculture.
    [FR Doc. 2015-08049 Filed 4-7-15; 8:45 am] BILLING CODE 4150-32-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Office of the Director, Office of Science Policy, Office of Biotechnology Activities; Notice of Meeting

    Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the meeting of the National Science Advisory Board for Biosecurity (NSABB).

    Name of Committee: National Science Advisory Board for Biosecurity.

    Date: May 5, 2015.

    Time: 8:30 a.m.—3:30 p.m. Eastern.

    Agenda: Presentations and discussions regarding: (1) NSABB's proposed framework for guiding risk and benefit assessments of gain-of-function (GOF) studies involving pathogens with pandemic potential; (2) overview of conducting the risk and benefit assessments; (3) planning for future NSABB deliberations on the GOF issue; and (4) other business of the Board.

    Place: National Institutes of Health, 9000 Rockville Pike, Building 31, 6th Floor Conference 10, Bethesda, Maryland 20892.

    Contact Person: Carolyn Mosby, NSABB Program Assistant, NIH Office of Biotechnology Activities, 6705 Rockledge Drive, Suite 750, Bethesda, Maryland 20892, (301) 435-5504, [email protected]

    Under authority 42 U.S.C. 217a, Section 222 of the Public Health Service Act, as amended, the Department of Health and Human Services established the National Science Advisory Board for Biosecurity (NSABB) to provide advice regarding federal oversight of dual use research, defined as legitimate biological research that generates information and technologies that could be misused to pose a biological threat to public health and/or national security.

    The meeting will be open to the public and will also be webcast as space will be limited. Persons planning to attend or view via the webcast may pre-register online using the link provided below or by calling Palladian Partners, Inc. (Contact: Monica Barnette at 301-650-8660). Online and telephone registration will close at 12:00 p.m. Eastern on May 4, 2015. After that time, attendees may register onsite on the day of the meeting. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should indicate these requirements upon registration.

    Please Note: The meeting agenda, proposed draft framework, and links to the online registration and webcast will be available at: http://osp.od.nih.gov/office-biotechnology-activities/biosecurity/nsabb/nsabb-meetings-and-conferences. Please check this Web site for updates.

    Public Comments: Time will be allotted on the agenda for oral public comment, with individual presentations time-limited to facilitate broad input from multiple speakers. Any member of the public interested in presenting comments relevant to the mission of the NSABB should indicate so upon registration. Sign-ups for oral comments will be restricted to one per person or organization representative per comment period. In the event that time does not allow for all attendees interested in presenting oral comments to do so at the meeting, any interested person may file written comments with the Board via an email sent to [email protected] or by regular mail sent to the Contact Person listed on this notice. In addition, any interested person may submit written comments to the NSABB at any time via either of these methods. Comments received by 5:00 p.m. Eastern on April 28, 2015 will be relayed to the Board prior to the NSABB meeting. Written statements should include the name, address, telephone number and when applicable, the professional affiliation of the interested person. Any written comments received after the deadline will be provided to the Board either before or after the meeting, depending on the volume of comments received and the time required to process them in accordance with privacy regulations and other applicable Federal policies.

    Please Note: In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxis, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit.

    Dated: April 2, 2015. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-07981 Filed 4-7-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Proposed Collection; 60-Day Comment Request

    The effectiveness of donor notification, HIV counseling, and linkage of HIV positive donors to health care in Brazil (NHLBI).

    SUMMARY:

    In compliance with the requirement of Section 3506(c) (2) (A) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the National Heart, Lung, and Blood Institute (NHLBI), the National Institutes of Health (NIH), will publish periodic summaries of proposed projects to the Office of Management and Budget (OMB) for review and approval.

    Written comments and/or suggestions from the public and affected agencies are invited on one or more of the following points: (1) Whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility; (2) The accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) Ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    To Submit Comments and For Further Information: To obtain a copy of the data collection plans and instruments, submit comments in writing, or request more information on the proposed project, contact: Simone Glynn, MD, Project Officer/ICD Contact, Two Rockledge Center, Suite 9142, 6701 Rockledge Drive, Bethesda, MD 20892, or call 301-435-0065, or Email your request, including your address to: [email protected]. Formal requests for additional plans and instruments must be requested in writing. DATES:

    Comment Due Date: Comments regarding this information collection are best assured of having their full effect if received within 60 days of the date of this publication.

    Proposed Collection: The effectiveness of donor notification, HIV counseling, and linkage of HIV positive donors to health care in Brazil (The Brazil Notification Study), 0925-New, National Heart, Lung and Blood Institute (NHLBI).

    Need and Use of Information Collection: The prevention of transfusion-associated transmission of HIV is one of the greatest success stories in the fight against the HIV epidemic; however, the job is unfinished. In some middle-and low-income countries, blood transfusion may account for up to 6% of HIV infections (1). Currently, all blood donors who test positive or inconclusive for HIV or other sexually transmitted diseases are notified (donor notification) and requested to follow-up with the blood bank for potential confirmatory testing and referral to specific health services, such as monitoring and treatment. Little is known about the consequences of blood donor notification and subsequent monitoring and counseling on efforts to control the HIV epidemic in the United States and internationally. The Brazil Notification Study team proposed to addresses this significant information gap by enrolling all former blood donors who participated in the REDS-II HIV case-control study (OMB 0925-0597, expired on February 29, 2012) and those enrolled during the REDS-III HIV case surveillance risk factor study (OMB 0925-0597, expiration date, July 31, 2015), between 2012 and 2014. Donor enrollees at any of the four blood centers participating in these studies completed an audio computer-assisted structured interview (ACASI) that elicited responses on demographics, risk factors/behaviors, and HIV knowledge. At the same time, a blood sample was drawn and tested for HIV genotype and drug resistance. In addition, recent infection status was determined using detuned antibody testing of samples from the original blood donation. All enrolled participants received counseling by a blood bank physician and were referred to HIV counseling and testing centers (HCT).

    New information gathered from these enrollees will serve the three aims proposed for this proposed study. The first aim of this study will be to analyze the actual percentage of blood donors who are successfully notified of their infection testing results. In this aim, we will expand the notification focus to include all infections that blood centers in Brazil test for because differences in rates of notification by type of infection are unknown. The second aim will assess the effectiveness of HIV notification and counseling. HIV-positive donors will be interviewed to evaluate their follow-up activities with regard to HIV infection treatment and infection transmission prevention behavior after notification by the blood center. This will be accomplished using a new audio computer-assisted structured interview (ACASI) (See Attachment 1, Brazil HIV Follow up ACASI Survey). The third aim will consist of asking HIV-positive blood donors about ways to improve the disclosure of HIV risks during donor eligibility assessment to better understand the motivating factors that drive higher risk persons to donate blood.

    Because our study will build off the routine blood donor procedures in four large blood banks in Brazil, it may lead to more informed conversations around and possible changes in donor screening, notification and counseling policies in Latin America. Results of these three aims may also help to better integrate blood centers within the context of broader HIV testing, counseling and treatment sites in Brazil. Similarly, in the US little is known about donor behavior after notification of testing results by blood centers. The results from this study can be used to develop insights and hypotheses focused on developing improved strategies for notification and counseling of HIV-positive (or hepatitis C or B-positive) donors in the U.S.

    This proposed study's findings will also yield insights into improved methods for donor self-selection and qualification post donation, which will serve to decrease the frequency of higher-risk persons acting as donors. Our findings on improved methods for Brazilian donor notification and linkage to health care services may also be applicable to developed countries, including the U.S. Results of the Brazil Notification Study will identify how to improve notification and counseling strategies that increase the number of HIV-positive donors seeking prompt medical care. This might ultimately boost strategies to prevent secondary HIV transmission and reduce the risk of transfusion-transmission.

    In addition to the traditional route of scientific dissemination through peer reviewed scientific publication, previous REDS and REDS-II study data were the subject of numerous requested presentations by Federal and non-Federal agencies, including the FDA Blood Products Advisory Committee, the HHS Advisory committee on Blood Safety and Availability, the AABB Transfusion-Transmitted Diseases Committee, and the Americas Blood Centers (ABC). We anticipate similar requests for results generated from this study. Data collected in this proposed HIV Notification study of donors will be of practical use to the blood banking and infectious disease communities in the U.S. and internationally.

    OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total estimated annualized burden hours are 229.

    Estimated Annualized Burden Hours Form name Type of
  • respondent
  • Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • Estimated
  • total annual
  • burden hours
  • requested
  • ACASI Questionnaire—Informed Consent Adults 275 1 10/60 46 ACASI Questionnaire Adults 275 1 40/60 183
    Dated: April 2, 2015. Lynn Susulske, NHLBI Project Clearance Liaison, National Institutes of Health.
    [FR Doc. 2015-07980 Filed 4-7-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of meetings of the National Diabetes and Digestive and Kidney Diseases Advisory Council.

    The meetings will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Diabetes and Digestive and Kidney Diseases Advisory Council.

    Date: May 13, 2015.

    Open: 8:30 a.m. to 12:00 p.m.

    Agenda: To present the Director's Report and other scientific presentations.

    Place: National Institutes of Health, Building 31, 31 Center Drive, Conference Room 10, Bethesda, MD 20892.

    Closed: 4:15 p.m. to 4:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Building 31, 31 Center Drive, Conference Room 10, Bethesda, MD 20892.

    Contact Person: Brent B. Stanfield, Ph.D., Director, Division of Extramural Activities, National Institutes of Diabetes and Digestive and Kidney Diseases, 6707 Democracy Blvd., Room 715, MSC 5452, Bethesda, MD 20892, (301) 594-8843, [email protected].

    Name of Committee: National Diabetes and Digestive and Kidney Diseases Advisory Council; Kidney, Urologic and Hematologic Diseases Subcommittee.

    Date: May 13, 2015.

    Open: 1:00 p.m. to 2:00 p.m.

    Agenda: To review the Division's scientific and planning activities.

    Place: National Institutes of Health, Building 31, 31 Center Drive, Conference Room 7, Bethesda, MD 20892.

    Closed: 2:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Building 31, 31 Center Drive, Conference Room 7, Bethesda, MD 20892.

    Contact Person: Brent B. Stanfield, Ph.D., Director, Division of Extramural Activities, National Institutes of Diabetes and Digestive and Kidney Diseases, 6707 Democracy Blvd., Room 715, MSC 5452, Bethesda, MD 20892, (301) 594-8843, [email protected].

    Name of Committee: National Diabetes and Digestive and Kidney Diseases Advisory Council; Digestive Diseases and Nutrition Subcommittee.

    Date: May 13, 2015

    Open: 1:00 p.m. to 2:30 p.m.

    Agenda: To review the Division's scientific and planning activities.

    Place: National Institutes of Health, Building 31, 31 Center Drive, Conference Room 6, Bethesda, MD 20892.

    Closed: 2:30 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications

    Place: National Institutes of Health, Building 31, 31 Center Drive, Conference Room 6, Bethesda, MD 20892.

    Contact Person: Brent B. Stanfield, Ph.D., Director, Division of Extramural Activities, National Institutes of Diabetes and Digestive and Kidney Diseases, 6707 Democracy Blvd., Room 715, MSC 5452, Bethesda, MD 20892, (301) 594-8843, [email protected].

    Name of Committee: National Diabetes and Digestive and Kidney Diseases Advisory Council; Diabetes, Endocrinology and Metabolic Diseases Subcommittee.

    Date: May 13, 2015.

    Open: 2:00 p.m. to 4:00 p.m.

    Agenda: To review the Division's scientific and planning activities.

    Place: National Institutes of Health, Building 31, 31 Center Drive, Conference Room 10, Bethesda, MD 20892.

    Closed: 1:00 p.m. to 2:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Building 31, 31 Center Drive, Conference Room 10, Bethesda, MD 20892.

    Contact Person: Brent B. Stanfield, Ph.D., Director, Division of Extramural Activities, National Institutes of Diabetes and Digestive and Kidney Diseases, 6707 Democracy Blvd., Room 715, MSC 5452, Bethesda, MD 20892, (301) 594-8843, [email protected].

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit.

    Information is also available on the Institute's/Center's home page: www.niddk.nih.gov/fund/divisions/DEA/Council/coundesc.htm, where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS)
    Dated: April 2, 2015. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-07983 Filed 4-7-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases;. Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; LRP Fiscal Year 2015 Applications.

    Date: April 24, 2015.

    Time: 2:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: John F. Connaughton, Ph.D., Chief, Training and Mentored Research Section, REVIEW BRANCH, DEA, NIDDK, NATIONAL INSTITUTES OF HEALTH, ROOM 753, 6707 DEMOCRACY BOULEVARD, BETHESDA, MD 20892-5452, (301) 594-7797, [email protected]

    Name of Committee: National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; PAR-14-301: NIDDK Central Repositories Non-Renewable Samples Access (X01).

    Date: May 26, 2015.

    Time: 2:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: NAJMA BEGUM, PH.D., SCIENTIFIC REVIEW OFFICER, REVIEW BRANCH, DEA, NIDDK, NATIONAL INSTITUTES OF HEALTH, ROOM 749, 6707 DEMOCRACY BOULEVARD, BETHESDA, MD 20892-5452, (301) 594-8894, [email protected]

    Name of Committee: National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; Biomarkers for Diabetes and Kidney Diseases using Biosamples from NIDDK Repository (R01-PAR-13-228).

    Date: May 28, 2015.

    Time: 2:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: NAJMA BEGUM, PH.D., SCIENTIFIC REVIEW OFFICER, REVIEW BRANCH, DEA, NIDDK, NATIONAL INSTITUTES OF HEALTH, ROOM 749, 6707 DEMOCRACY BOULEVARD, BETHESDA, MD 20892-5452, (301) 594-8894, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS)
    Dated: April 2, 2015. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-08167 Filed 4-7-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No.—USCG-2015-0201] Chemical Transportation Advisory Committee; Vacancies AGENCY:

    Coast Guard, DHS

    ACTION:

    Request for applications.

    SUMMARY:

    The Coast Guard seeks applications for membership on the Chemical Transportation Advisory Committee. The Chemical Transportation Advisory Committee provides advice and makes recommendations on matters relating to the safe and secure marine transportation of hazardous materials activities insofar as they relate to matters within the United States Coast Guard's jurisdiction.

    DATES:

    Completed applications should reach the Coast Guard on or before June 8, 2015.

    ADDRESSES:

    Applicants should send a cover letter expressing interest in an appointment to the Chemical Transportation Advisory Committee that also identifies which membership category the applicant is applying under, along with a resume detailing the applicant's experience via one of the following methods:

    • By Email: [email protected]

    • By Fax: (202) 372-8380.

    • By Mail: Lieutenant Cristina Nelson, Alternate Designated Federal Official of Chemical Transportation Advisory Committee, Commandant, Hazardous Materials Division (CG-ENG-5), U.S. Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509 Washington, DC 20593-7509.

    FOR FURTHER INFORMATION CONTACT:

    Lieutenant Cristina Nelson, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, [email protected], phone: 202-372-1419, fax: 202-372-8380.

    SUPPLEMENTARY INFORMATION:

    The Chemical Transportation Advisory Committee is established under the authority of section 871 of the Homeland Security Act of 2002, 6 U.S.C. 451. Chemical Transportation Advisory Committee is an advisory committee established in accordance with and operating under the provisions of the Federal Advisory Committee Act, (5 U.S.C. Appendix).

    The Committee provides advice and recommendations to the Department of Homeland Security on matters relating to the safe and secure marine transportation of hazardous materials activities insofar as they relate to matters within the Coast Guard's jurisdiction.

    The Chemical Transportation Advisory Committee meets at least twice per year, typically every six months. It may also meet for extraordinary purposes. Its subcommittees may meet to consider specific problems as required.

    The Coast Guard will consider applications for eight positions that become vacant on September 17, 2015. The membership categories are: Marine Handling and Transportation, Marine Environmental Protection, Safety and Security, Vessel Design and Construction, and Chemical Manufacturing.

    To be eligible, applicants should have experience in chemical manufacturing, marine handling or transportation of chemicals, vessel design and construction, marine safety or security, or marine environmental protection. Each member serves for a term of three years. Committee members are limited to serving no more than two consecutive three-year terms. A member appointed to fill an unexpired term may serve the remainder of that term. All members serve at their own expense and receive no salary, reimbursement of travel expenses, or other compensation from the Federal Government.

    Registered lobbyists are not eligible to serve on Federal Advisory Committees in an individual capacity. See “Revised Guidance on Appointment of Lobbyist to Federal Advisory Committees, Boards and Commissions” (79 FR 47482, August 13, 2014). Registered lobbyists are lobbyists required to comply with provisions contained in the Lobbying Disclosure Act of 1995 (Pub. L. 104-65, as amended by title II of Pub. L. 110-81).

    The Department of Homeland Security does not discriminate in selection of Committee members on the basis of race, color, religion, sex, national origin, political affiliation, sexual orientation, gender identity, marital status, disabilities and genetic information, age, membership in an employee organization, or any other non-merit factor. The Department of Homeland Security strives to achieve a widely diverse candidate pool for all of its recruitment actions.

    If you are interested in applying to become a member of the Committee, send your cover letter and resume to Lieutenant Cristina Nelson, Alternate Federal Officer of Chemical Transportation Advisory Committee, by email or mail according to instructions in the ADDRESSES section by the deadline in the DATES section of this notice.

    Note, that during the vetting process, applicants may be asked to provide their date of birth and social security number. All email submittals will receive email receipt confirmation.

    To visit our online docket, go tohttp://www.regulations.gov enter the docket number (for this notice (USCG-2015-0201) in the Search box, and click “Search”. Please do not post your resume on this site.

    Dated: April 2, 2015. J.G. Lantz, Director of Commercial Regulations and Standards, United States Coast Guard.
    [FR Doc. 2015-08034 Filed 4-7-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [OMB Control Number 1615-0052] Agency Information Collection Activities: Application for Naturalization, Form N-400; Revision of a Currently Approved Collection AGENCY:

    U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS).

    ACTION:

    60-Day notice.

    SUMMARY:

    DHS, USCIS invites the general public and other Federal agencies to comment upon this proposed revision of a currently approved collection of information. In accordance with the Paperwork Reduction Act (PRA) of 1995, the information collection notice is published in the Federal Register to obtain comments regarding the nature of the information collection, the categories of respondents, the estimated burden (i.e. the time, effort, and resources used by the respondents to respond), the estimated cost to the respondent, and the actual information collection instruments.

    DATES:

    Comments are encouraged and will be accepted for 60 days until June 8, 2015.

    ADDRESSES:

    All submissions received must include the OMB Control Number 1615-0052 in the subject box, the agency name and Docket ID USCIS-2008-0025. To avoid duplicate submissions, please use only one of the following methods to submit comments:

    (1) Online. Submit comments via the Federal eRulemaking Portal Web site at www.regulations.gov under e-Docket ID number USCIS-2008-0025;

    (2) Email. Submit comments to [email protected];

    (3) Mail. Submit written comments to DHS, USCIS, Office of Policy and Strategy, Chief, Regulatory Coordination Division, 20 Massachusetts Avenue NW., Washington, DC 20529-2140.

    FOR FURTHER INFORMATION CONTACT:

    USCIS, Office of Policy and Strategy, Regulatory Coordination Division, Laura Dawkins, Chief, 20 Massachusetts Avenue NW., Washington, DC 20529-2140, telephone number 202-272-8377 (comments are not accepted via telephone message). Please note contact information provided here is solely for questions regarding this notice. It is not for individual case status inquiries. Applicants seeking information about the status of their individual cases can check Case Status Online, available at the USCIS Web site at http://www.uscis.gov, or call the USCIS National Customer Service Center at 800-375-5283 (TTY 800-767-1833).

    SUPPLEMENTARY INFORMATION: Comments

    You may access the information collection instrument with instructions, or additional information by visiting the Federal eRulemaking Portal site at: http://www.regulations.gov and enter USCIS-2008-0025 in the search box. Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking Portal at http://www.regulations.gov, and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make to DHS. DHS may withhold information provided in comments from public viewing that it determines may impact the privacy of an individual or is offensive. For additional information, please read the Privacy Act notice that is available via the link in the footer of http://www.regulations.gov.

    Written comments and suggestions from the public and affected agencies should address one or more of the following four points:

    (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

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

    Overview of This Information Collection

    (1) Type of Information Collection: Revision of a Currently Approved Collection.

    (2) Title of the Form/Collection: Application for Naturalization.

    (3) Agency form number, if any, and the applicable component of the DHS sponsoring the collection: N-400; USCIS.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. USCIS uses the information gathered on Form N-400 to make a determination as to a respondent's eligibility to naturalize and become a United States citizen.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: The estimated total number of respondents for the information collection N-400 is 805,812 and the estimated hour burden per response is 6.917 hours. The estimated total number of respondents for the biometric information collection is 805,812 and the estimated hour burden per response is 1.17 hours.

    (6) An estimate of the total public burden (in hours) associated with the collection: The total estimated annual hour burden associated with this collection is 6,516,602 hours.

    (7) An estimate of the total public burden (in cost) associated with the collection: The estimated total annual cost burden associated with this collection of information is $98,711,970.

    Dated: April 2, 2015. Laura Dawkins, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security.
    [FR Doc. 2015-08013 Filed 4-7-15; 8:45 am] BILLING CODE 9111-97-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [OMB Control Number 1615-0087] Agency Information Collection Activities: Application for Citizenship and Issuance of Certificate Under Section 322, Form N-600K; Extension, Without Change, of a Currently Approved Collection AGENCY:

    U.S. Citizenship and Immigration Services, Department of Homeland Security.

    ACTION:

    30-Day notice.

    SUMMARY:

    The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection notice was previously published in the Federal Register on December 9, 2014, at 79 FR 73095, allowing for a 60-day public comment period. USCIS did not receive any comments in connection with the 60-day notice.

    DATES:

    The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until May 8, 2015. This process is conducted in accordance with 5 CFR 1320.10.

    ADDRESSES:

    Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, must be directed to the OMB USCIS Desk Officer via email at [email protected] Comments may also be submitted via fax at (202) 395-5806. All submissions received must include the agency name and the OMB Control Number 1615-0087.

    You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make. For additional information please read the Privacy Act notice that is available via the link in the footer of http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    USCIS, Office of Policy and Strategy, Regulatory Coordination Division, Laura Dawkins, Chief, 20 Massachusetts Avenue NW., Washington, DC 20529-2140, Telephone number 202-272-8377 (comments are not accepted via telephone message). Please note contact information provided here is solely for questions regarding this notice. It is not for individual case status inquiries. Applicants seeking information about the status of their individual cases can check Case Status Online, available at the USCIS Web site at http://www.uscis.gov, or call the USCIS National Customer Service Center at 800-375-5283 (TTY 800-767-1833).

    SUPPLEMENTARY INFORMATION:

    Comments

    You may access the information collection instrument with instructions, or additional information by visiting the Federal eRulemaking Portal site at: http://www.regulations.gov and enter USCIS-2007-0019 in the search box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:

    (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

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

    Overview of This Information Collection

    (1) Type of Information Collection Request: Extension, Without Change, of a Currently Approved Collection.

    (2) Title of the Form/Collection: Application for Citizenship and Issuance of Certificate under Section 322.

    (3) Agency form number, if any, and the applicable component of the DHS sponsoring the collection: N-600K; USCIS.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. This form provides an organized framework for establishing the authenticity of an applicant's eligibility and is essential for providing prompt, consistent and correct processing of such applications for citizenship under section 322 of the Immigration and Nationality Act.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: The estimated total number of respondents for the information collection N-600K is 3,242 and the estimated hour burden per response is 2.083 hours.

    (6) An estimate of the total public burden (in hours) associated with the collection: The total estimated annual hour burden associated with this collection is 6,753 hours.

    (7) An estimate of the total public burden (in cost) associated with the collection: The estimated annual cost burden is $397,145.

    Dated: April 2, 2015. Laura Dawkins, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security.
    [FR Doc. 2015-08012 Filed 4-7-15; 8:45 am] BILLING CODE 9111-97-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5849-N-02] Notice of a Federal Advisory Committee Meeting: Manufactured Housing Consensus Committee General Subcommittee Teleconference AGENCY:

    Office of the Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Development (HUD).

    ACTION:

    Notice of a Federal Advisory Committee Meeting: Manufactured Housing Consensus Committee (MHCC).

    SUMMARY:

    This notice sets forth the schedule and proposed agenda for a teleconference meeting of the MHCC, General Subcommittee. The teleconference meeting is open to the public. The agenda provides an opportunity for citizens to comment on the business before the MHCC.

    DATES:

    The teleconference meeting will be held on May 5, 2015, 1:00 p.m. to 4:00 p.m. Eastern Standard Time (EST). The teleconference numbers are: US toll-free: 1-877-336-1829, and Access Code: 8764141.

    FOR FURTHER INFORMATION CONTACT:

    Pamela Beck Danner, Administrator and Designated Federal Official (DFO), Office of Manufactured Housing Programs, Department of Housing and Urban Development, 451 Seventh Street SW., Room 9166, Washington, DC 20410, telephone 202-708-6423 (this is not a toll-free number). Persons who have difficulty hearing or speaking may access this number via TTY by calling the toll-free Federal Information Relay Service at 800-877-8339.

    SUPPLEMENTARY INFORMATION:

    Notice of this meeting is provided in accordance with the Federal Advisory Committee Act, 5. U.S.C. App. 10(a)(2) through implementing regulations at 41 CFR 102-3.150. The MHCC was established by the National Manufactured Housing Construction and Safety Standards Act of 1974, (42 U.S.C. 5401 et seq.) as amended by the Manufactured Housing Improvement Act of 2000 (Pub. L. 106-569). According to 42 U.S.C. 5403, as amended, the purposes of the MHCC are to:

    • Provide periodic recommendations to the Secretary to adopt, revise, and interpret the Federal manufactured housing construction and safety standards;

    • Provide periodic recommendations to the Secretary to adopt, revise, and interpret the procedural and enforcement regulations, including regulations specifying the permissible scope and conduct of monitoring; and

    • Be organized and carry out its business in a manner that guarantees a fair opportunity for the expression and consideration of various positions and for public participation.

    The MHCC is deemed an advisory committee not composed of Federal employees.

    Public Comment: Citizens wishing to make oral comments on the business of the MHCC are encouraged to register by or before April 24, 2015 using the following email address: [email protected]; or mail to Home Innovation, 400 Prince Georges Blvd., Upper Marlboro, MD 20774; Attention: Kevin Kauffman. Written comments are encouraged. The MHCC strives to accommodate citizen comments to the extent possible within the time constraints of the meeting agenda. Advance registration is strongly encouraged. The MHCC will also provide an opportunity for public comment on specific matters before the General Subcommittee.

    Tentative Agenda May 5, 2015, from 1:00 p.m. to 4:00 p.m. Eastern Standard Time (EST) I. Call to Order and Roll Call II. Opening Remarks: Subcommittee Chair and DFO III. Approve draft minutes from February 11, 2015 Teleconference IV. New Business—Multifamily Aspect of Manufactured Housing Task Force Report by Dave Tompos V. Open Discussion VI. Adjourn: 4:00 p.m. Dated: April 3, 2015. Pamela Beck Danner, Administrator, Office of Manufactured Housing Programs.
    [FR Doc. 2015-08055 Filed 4-7-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5651-N-02] Tribal Government To Government Consultation Policy: Solicitation of Public Comment AGENCY:

    Office of the Secretary, HUD.

    ACTION:

    Notice.

    SUMMARY:

    Consistent with Executive Order 13175, “Consultation with Indian Tribal Governments,” this notice requests public comment on HUD's tribal government-to-government consultation policy. The purpose of this tribal consultation policy is to enhance communication and coordination between HUD and federally recognized Indian tribes, and to outline guiding principles and procedures under which all HUD employees are to operate with regard to federally recognized Indian or Alaska Native tribes.

    DATES:

    Comment Due Date: June 8, 2015.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this document to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500. Communications must refer to the docket number and title above. There are two methods for submitting public comments. All submissions must refer to the above docket number and title.

    1. Submission of Comments by Mail. Comments may be submitted by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500.

    2. Electronic Submission of Comments. Interested persons may submit comments electronically through the Federal eRulemaking Portal at www.regulations.gov. HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt by HUD, and enables HUD to make them immediately available to the public. Comments submitted electronically through the www.regulations.gov Web site can be viewed by other commenters and interested members of the public. Commenters should follow the instructions provided on that site to submit comments electronically.

    Note:

    To receive consideration as public comments, comments must be submitted through one of the two methods specified above. Again, all submissions must refer to the docket number and title of the document.

    No Facsimile Comments. Facsimile comments are not acceptable.

    Public Inspection of Public Comments. All properly submitted comments and communications submitted to HUD will be available for public inspection and copying between 8 a.m. and 5 p.m., weekdays, at the above address. Due to security measures at the HUD Headquarters building, an appointment to review the public comments must be scheduled in advance by calling the Regulations Division at 202-708-3055 (this is not a toll-free number). Individuals with speech or hearing impairments may access this number via TTY by calling the toll-free Federal Relay Service at 800-877-8339. Copies of all comments submitted are available for inspection and downloading at www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Rodger Boyd, Deputy Assistant Secretary for Native American Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 4126, Washington, DC 20410, telephone number 202-401-7914 (this is not a toll-free number). Hearing- or speech-impaired individuals may access this number via TTY by calling the toll-free Federal Relay Service at 800-877-8339.

    SUPPLEMENTARY INFORMATION:

    Executive Order 13175 (65 FR 67249, published November 9, 2000) recognizes the right of Indian tribes to self-government and supports tribal sovereignty and self-determination. Among other things, it requires that agencies have an accountable process to ensure meaningful and timely input by tribal officials in developing policies that have tribal implications. On November 5, 2009, President Obama reaffirmed the government-to-government relationship between the Federal Government and Indian tribal governments in a White House memorandum that acknowledges that Indian tribes exercise inherent sovereign powers over their members and territory. The November 5, 2009, memorandum also acknowledges that the United States continues to work with Indian tribes on a government-to-government basis to address issues concerning Indian tribal self-government, tribal trust resources, Indian tribal treaty and other rights. Today's notice, which requests public comment, supports these Presidential directives and builds upon and expands the principles expressed in the Department's previous “Tribal Government-to-Government Consultation Policy,” (66 FR 49784, September 28, 2001).

    I. Introduction

    A. The United States Government has a unique relationship with American Indian governments as set forth in the Constitution of the United States, treaties, statutes, judicial decisions, and Executive orders and memoranda.

    B. On April 29, 1994, a Presidential memorandum was issued reaffirming the Federal Government's commitment to operate within a government-to-government relationship with federally recognized American Indian and Alaska Native tribes, and to advance self-governance for such tribes.1 The Presidential memorandum directs each executive department and agency, to the greatest extent practicable and to the extent permitted by law, to consult with tribal governments prior to taking actions that have substantial direct effects on federally recognized tribal governments. In order to ensure that the rights of sovereign tribal governments are fully respected, all such consultations are to be open and candid so that tribal governments may evaluate for themselves the potential impact of relevant proposals.

    1 See http://www.thefederalregister.org/fdsys/pkg/FR-1994-05-04/html/94-10877.htm.

    On May 14, 1998, Executive Order 13084, “Consultation and Coordination with Indian Tribal Governments” was issued.2 This executive order was revoked and superseded on November 6, 2000, by Executive Order 13175,3 which is identically titled to Executive Order 13084 and which sets forth guidelines for all federal agencies to: (1) Establish regular and meaningful consultation and collaboration with Indian tribal officials in the development of Federal policies that have tribal implications, (2) strengthen the United States government-to-government relationships with Indian tribes, and (3) reduce the imposition of unfunded mandates upon Indian tribes.

    2 See http://www.thefederalregister.org/fdsys/pkg/FR-1998-05-19/pdf/98-13553.pdf.

    3 See http://www.thefederalregister.org/fdsys/pkg/FR-2000-11-09/pdf/00-29003.pdf.

    On November 5, 2009,4 President Obama issued a memorandum to the heads of all executive departments and agencies that reaffirmed that the United States has a unique legal and political relationship with Indian tribal governments, established through and confirmed by the Constitution of the United States, treaties, statutes, Executive orders, and judicial decisions. The memorandum stated that in recognition of that special relationship, pursuant to Executive Order 13175 of November 6, 2000, executive departments and agencies are charged with engaging in regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, and are responsible for strengthening the government-to-government relationship between the United States and Indian tribes. The memorandum stated that the Administration is committed to regular and meaningful consultation and collaboration with tribal officials in policy decisions that have tribal implications, and directed, among other things, as an initial step, complete and consistent implementation of Executive Order 13175.

    4 See http://www.whitehouse.gov/the-press-office/memorandum-tribal-consultation-signed-president.

    C. In recognition of the importance of consultation and consistent with Executive Order 13175, and the Presidential memorandum of November 5, 2009, HUD requests public comment on this consultation policy statement. In January 2010, HUD held a series of HUD-tribal regional consultations to discuss HUD's existing tribal consultation policy. Each consultation session was hosted by one of the six Office of Native American Programs (ONAP) Area Office Administrators. Prior to all meetings, ONAP Area Office sent out invitation letters to all tribes and tribally designated housing entities to inform them of the meetings. The invitation package included the President's memorandum, Executive Order 13175, HUD's current tribal consultation policy, and a list of questions designed to prompt discussion and focus on the issues. HUD's Deputy Assistant Secretary for ONAP attended a Northwest ONAP and Eastern/Woodlands ONAP session, and HUD's Assistant Secretary for Public and Indian Housing participated in the initial session held in Suquamish, Washington. Participants at each of the consultation sessions were informed that an electronic mailbox had been established to receive their comments and that HUD's CODETALK Web site would be used to display all comments received.

    The comments from participants who attended these consultations, as well as all comments received by other means, were consolidated by ONAP. HUD carefully reviewed all comments received from all sources, responded, and made changes to the existing HUD consultation policy based on these comments, as appropriate.

    HUD conducted a second round of tribal consultation by sending the revised draft policy to all tribal leaders for their comment. On November 12, 2014, the Department provided all tribal leaders a draft version of HUD's revised tribal government-to-government consultation policy and requested their feedback and opinion on the draft. In response to the Department's November 12, 2014, request for comments, the Department received three comments from Indian tribes and a national organization that represents the housing interests of Native Americans. The Department appreciates and carefully considered the comments submitted. This notice incorporates several of the comments and recommendations provided.

    This consultation policy applies to all HUD programs and policies that have substantial direct effects on federally recognized Indian tribal governments. In formulating or implementing such policies, HUD will be guided by the fundamental principles set forth in section 2 of Executive Order 13175, to the extent applicable to HUD programs. Section 2 of the Executive Order provides as follows:

    Sec. 2. Fundamental Principles. In formulating or implementing policies that have tribal implications, agencies shall be guided by the following fundamental principles:

    (a) The United States has a unique legal relationship with Indian tribal governments as set forth in the Constitution of the United States, treaties, statutes, Executive Orders, and court decisions. Since the formation of the Union, the United States has recognized Indian tribes as domestic dependent nations under its protection. The Federal Government has enacted numerous statutes and promulgated numerous regulations that establish and define a trust relationship with Indian tribes.

    (b) Our Nation, under the law of the United States, in accordance with treaties, statutes, Executive Orders, and judicial decisions, has recognized the right of Indian tribes to self-government. As domestic dependent nations, Indian tribes exercise inherent sovereign powers over their members and territory. The United States continues to work with Indian tribes on a government-to-government basis to address issues concerning Indian tribal self-government, tribal trust resources, and Indian tribal treaty and other rights.

    (c) The United States recognizes the right of Indian tribes to self-government and supports tribal sovereignty and self-determination.

    II. Definitions

    A. “Consultation” means the direct and interactive (i.e., collaborative) involvement of tribes in the development of regulatory policies on matters that have tribal implications.

    Consultation is the proactive, affirmative process of (1) identifying and seeking input from appropriate Native American governing bodies, community groups and individuals; and (2) considering their interest as a necessary and integral part of HUD's decision-making process.

    This definition adds to statutorily mandated notification procedures. The goal of notification is to provide an opportunity for comment; however, with consultation procedures, the burden is on the federal agency to show that it has made a good faith effort to elicit feedback.

    B. “Exigent situation” means an unforeseen combination of circumstances or the resulting state that calls for immediate action in order to preserve tribal resources, rights, interests, or Federal funding.

    C. “Indian tribe” means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a.

    D. “Policies that have tribal implications” refers to regulations, legislative proposals, and other policy statements or actions that have substantial direct effects on one or more Indian tribe, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

    E. “To the Extent Practicable and Permitted by Law” refers to situations where the opportunity for consultation is limited because of constraints of time, budget, legal authority, etc.

    F. “Tribal officials” means elected or duly appointed officials of Indian tribal governments or authorized intertribal organizations.

    III. Principles

    A. HUD respects tribal sovereignty and acknowledges the unique relationship between the Federal Government and Indian tribes.

    B. HUD recognizes and commits to a government-to-government relationship with federally recognized tribes.

    C. HUD recognizes tribes as the appropriate non-Federal parties for making policy decisions and managing programs for their constituents.

    D. HUD shall take appropriate steps to remove existing legal and programmatic impediments to working directly and effectively with tribes on programs administered by HUD.

    E. HUD shall encourage states and local governments to work with and cooperate with tribes to resolve problems of mutual concern.

    F. HUD shall work with other Federal departments and agencies to enlist their interest and support in cooperative efforts to assist tribes to accomplish their goals within the context of all HUD programs.

    G. HUD shall be guided by these policy principles in its planning and management activities, including its budget, operating guidance, legislative initiatives, management accountability system, and ongoing policy and regulation development processes for all programs effecting tribes.

    IV. Tribal Consultation Process

    A. Applicability. HUD will apply this tribal consultation policy to all proposed policies that have tribal implications, to the greatest extent practicable and permitted by law. Based on a government-to-government relationship and in recognition of the uniqueness of each tribe, the primary focus for consultation activities is with individual tribes. ONAP, within the Office of Public and Indian Housing, may serve, under the direction of the Secretary, as the lead HUD office for the implementation of this policy. Internal HUD policies and procedures are excluded from this policy.

    B. Methods of Communication. The methods of communication used will be determined by the significance of the consultation matter, the need to act quickly, and other relevant factors. Consultation can be accomplished through various methods of communication. While modern technology and group events should be utilized whenever possible to conserve funds and respect time constraints of all those involved, generally these methods of communication should not serve in the place of formal, face-to-face discussion.

    C. Consultation with Tribes When Drafting Policies That Have Tribal Implications. To the extent practicable and permitted by law, HUD shall make reasonable efforts to consult with tribal officials concerning proposed policies that have tribal implications before such policies are drafted, in order to facilitate greater tribal participation in development of the proposed policies. Such consultation shall include on the HUD Web site a notice of HUD's plans to develop such policies and an invitation for tribal officials to comment on items that should be included in such policies. HUD shall provide a specific deadline for comments, which shall not be less than 30 days from the date of the notice. This timeline may be compressed in exigent situations.

    D. Notice of Proposed Policies That Have Tribal Implications. To the extent practicable and permitted by law, after proposed policies that have tribal implications have been drafted, HUD will notify the tribes of such proposed policies, and will include a copy of the proposed policies with the notice. The notice shall designate the lead office in HUD Headquarters. The lead office in HUD Headquarters shall be responsible for such notification, unless it has delegated such responsibility to another office. HUD shall provide a specific deadline for tribal comments, which shall not be less than 60 days from the date of the notice. This timeline may be compressed in exigent situations. Nothing herein shall affect the deadlines established by Federal law or regulation with regard to comments in the course of the formal agency rulemaking process for the promulgation of federal regulations.

    E. Tribal Response. Tribal officials may provide recommendations concerning proposed policies that have or that may have tribal implications to the lead office in HUD Headquarters no later than the deadline established in Part IV.D of this consultation policy. Such recommendations may be provided orally during meetings with HUD representatives or by written documents submitted to HUD representatives.

    F. Meetings. Tribes may facilitate regional meetings with HUD representatives to identify and address issues relevant to HUD policies that have tribal implications. HUD will convene at least one national tribal consultation meeting each year. To reduce costs and conserve resources to the greatest extent feasible, tribes and HUD will coordinate consultation meetings with other regularly scheduled meetings, such as multiagency and association meetings.

    G. Reporting Mechanisms. In all cases when a tribe or tribes have been involved in the consultation process, HUD will maintain an Internet Web site or Web page to address the informational needs of tribes and tribal leaders. Such Web site or Web page will include relevant HUD documents and other relevant documents, including comments submitted by other tribes. HUD shall notify the tribes of the finalization of proposed policies that have tribal implications, and provide such policies to the tribes.

    H. Tribal Advisory Organizations, Committees, and Workgroups. HUD will work with tribal organizations, committees, or workgroups, when appropriate, to assist in facilitating involvement of tribes in decisionmaking and policy development. The work with tribal organizations, committees, and workgroups will be in coordination with, and not to the exclusion of, consultation with individual tribes on a government-to-government basis.

    I. Joint Federal/Tribal Workgroups.

    1. A workgroup may be established by HUD and tribes to address specific issues or to draft specific policies that have tribal implications. Tribal representation should be consistent with the established standard of geographically diverse small, medium, and large tribes, whenever possible.

    2. Alternate workgroup members may be appointed by written notification signed by the member. Such alternates shall possess the authority of the workgroup member to make decisions on their behalf if such authority is so delegated to them in writing.

    3. The workgroup shall be chaired by at least one tribal workgroup member, selected by the tribal workgroup members, and one HUD representative.

    4. The workgroup may conduct its activities through various methods of communication, including in-person meetings, conference calls, and internet-based meeting platforms. Workgroup members may be accompanied by other individuals for advice as the members deem necessary.

    5. Whenever possible, workgroup products should be circulated to tribal leaders for review and comment.

    6. All final recommendations will be given serious consideration by HUD.

    V. Tribal Standing Committee

    On issues relating to tribal self-governance, tribal trust resources, or treaty and other rights, HUD will explore and, where appropriate, use consensual mechanisms for developing regulations, including negotiated rulemaking. HUD may establish a standing committee, consisting of representatives of tribal governments, to consult on the appropriateness of using negotiated rulemaking procedures on particular matters. The procedures governing such a standing committee would be established through the mutual agreement of HUD and tribal governments.

    VI. Unfunded Mandates

    To the extent practicable and permitted by law, HUD shall not promulgate any regulation that is not required by statute, that has tribal implications, and that imposes substantial direct compliance costs on such communities, unless:

    A. Funds necessary to pay the direct costs incurred by the Indian tribal government in complying with the regulation are provided by the Federal Government; or

    B. HUD, prior to the formal promulgation of the regulation:

    1. Consulted with tribal officials early in the process of developing the proposed regulation;

    2. In a separately identified portion of the preamble to the regulation as it is to be issued in the Federal Register, provides to the Director of the Office of Management and Budget (OMB)a description of the extent of HUD's prior consultation with representatives of affected Indian tribal governments, a summary of the nature of their concerns and the agency's position supporting the need to issue the regulation; and

    3. Makes available to the Director of OMB any written communications submitted to HUD by such Indian tribal governments.

    VII. Increasing Flexibility for Indian Tribal Waivers

    HUD shall review the processes under which Indian tribal governments apply for waivers of statutory and regulatory requirements and take appropriate steps to streamline those processes.

    A. HUD shall, to the extent practicable and permitted by law, consider any application by an Indian tribal government for a waiver of statutory or regulatory requirements in connection with any program administered by HUD with a general view toward increasing opportunities for utilizing flexible policy approaches at the Indian tribal level in cases in which the proposed waiver is consistent with the applicable Federal policy objectives and is otherwise appropriate.

    B. HUD shall, to the extent practicable and permitted by law, render a decision upon a complete application for a waiver within 90 days of receipt of such application by HUD. HUD shall provide the applicant with timely written notice of the decision and, if the application for a waiver is not granted, the reasons for such denial.

    C. This section applies only to statutory or regulatory requirements that are discretionary and subject to waiver by HUD. Applicable civil rights statutes and regulations are not subject to waiver.

    VIII. Applicability of the Federal Advisory Committee Act

    The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) (FACA) do not apply to consultations undertaken pursuant to this policy. In accordance with section 204(b) of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, approved March 22, 1995), FACA is not applicable to consultations between the Federal Government and elected officers of Indian tribal governments (or their designated employees with authority to act on their behalf). As OMB stated in its guidelines implementing section 204(b):

    This exemption applies to meetings between Federal officials and employees and . . . tribal governments, acting through their elected officers, officials, employees, and Washington representatives, at which “views, information or advice” are exchanged concerning the implementation of intergovernmental responsibilities or administration, including those that arise explicitly or implicitly under statute, regulation, or Executive order.

    The scope of meetings covered by the exemption should be construed broadly to include any meetings called for any purpose relating to intergovernmental responsibilities or administration. Such meetings include, but are not limited to, meetings called for the purpose of seeking consensus; exchanging views, information, advice, and/or recommendations; or facilitating any other interaction relating to intergovernmental responsibilities or administration. (OMB Memorandum 95-20 (September 21, 1995), pp. 6-7, published at 60 FR 50651, 50653 (September 29, 1995)).

    IX. General Provisions

    This document has been adopted for the purpose of enhancing government-to-government relationships, communications, and mutual cooperation between the U.S. Department of Housing and Urban Development and tribes and is not intended to, and does not, create any right to administrative or judicial review, or any other right or benefit or trust responsibility, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other persons. The provisions of the FACA are not applicable to this policy. This document is effective on the date it is signed.

    Dated: March 30, 2015. Julián Castro, Secretary.
    [FR Doc. 2015-08068 Filed 4-7-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R2-ES-2015-N054; FXES11130200000-156-FF02ENEH00] Receipt of Incidental Take Permit Applications for Participation in the Oil and Gas Industry Conservation Plan for the American Burying Beetle in Oklahoma AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of availability; request for public comments.

    SUMMARY:

    Under the Endangered Species Act, as amended (Act), we, the U.S. Fish and Wildlife Service, invite the public to comment on incidental take permit applications for take of the federally listed American burying beetle resulting from activities associated with the geophysical exploration (seismic) and construction, maintenance, operation, repair, and decommissioning of oil and gas well field infrastructure within Oklahoma. If approved, the permits would be issued under the approved Oil and Gas Industry Conservation Plan Associated with Issuance of Endangered Species Act Section 10(a)(1)(B) Permits for the American Burying Beetle in Oklahoma (ICP).

    DATES:

    To ensure consideration, written comments must be received on or before May 8, 2015.

    ADDRESSES:

    You may obtain copies of all documents and submit comments on the applicant's ITP applications by one of the following methods. Please refer to the specific permit number when requesting documents or submitting comments.

    U.S. Mail: U.S. Fish and Wildlife Service, Division of Endangered Species—HCP Permits, P.O. Box 1306, Room 6034, Albuquerque, NM 87103.

    Electronically: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Marty Tuegel, Branch Chief, by U.S. mail at Environmental Review, P.O. Box 1306, Room 6034, Albuquerque, NM 87103; or by telephone at 505-248-6651.

    SUPPLEMENTARY INFORMATION: Introduction

    Under the Endangered Species Act, as amended (16 U.S.C. 1531 et seq.; Act), we, the U.S. Fish and Wildlife Service, invite the public to comment on incidental take permit (ITP) applications for take of the federally listed American burying beetle (Nicrophorus americanus) resulting from activities associated with geophysical exploration (seismic) and construction, maintenance, operation, repair, and decommissioning of oil and gas well field infrastructure within Oklahoma. If approved, the permits would be issued to the applicants under the Oil and Gas Industry Conservation Plan Associated with Issuance of Endangered Species Act Section 10(a)(1)(B) Permits for the American Burying Beetle in Oklahoma (ICP). The ICP was made available for comment on April 16, 2014 (79 FR 21480), and approved on May 21, 2014 (publication of the FONSI notice was on July 25, 2014; 79 FR 43504). The ICP and the associated environmental assessment/finding of no significant impact are available on the Web site at http://www.fws.gov/southwest/es/oklahoma/ABBICP. However, we are no longer taking comments on these documents.

    Applications Available for Review and Comment

    We invite local, State, Tribal, and Federal agencies, and the public to comment on the following applications under the ICP, for incidental take of the federally listed ABB. Please refer to the appropriate permit number (e.g., TE-123456), listed below, when requesting application documents and when submitting comments. Documents and other information the applicants have submitted with these applications are available for review, subject to the requirements of the Privacy Act (5 U.S.C. 552a) and Freedom of Information Act (5 U.S.C. 552).

    Permit TE-60265B

    Applicant: American Energy-Woodford, LLC, Oklahoma City, OK.

    Applicant requests a new permit for oil and gas upstream and midstream production, including geophysical exploration (seismic) and construction, maintenance, operation, repair, and decommissioning of oil and gas well field infrastructure, as well as construction, maintenance, operation, repair, decommissioning, reclamation of oil and gas gathering, transmission, and distribution pipeline infrastructure within Oklahoma.

    Permit TE-60264B

    Applicant: Phillips 66 Pipeline Company, Houston, TX.

    Applicant requests a new permit for oil and gas upstream and midstream production, including geophysical exploration (seismic) and construction, maintenance, operation, repair, and decommissioning of oil and gas well field infrastructure, as well as construction, maintenance, operation, repair, decommissioning, reclamation of oil and gas gathering, transmission, and distribution pipeline infrastructure within Oklahoma.

    Public Availability of Comments

    Written comments we receive become part of the public record associated with this action. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can request in your comment that we withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We will not consider anonymous comments. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety.

    Authority

    We provide this notice under section 10(c) of the Act (16 U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22) and the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1506.6).

    Dated: March 17, 2015. Benjamin N. Tuggle, Regional Director, Southwest Region, U.S. Fish and Wildlife Service.
    [FR Doc. 2015-08033 Filed 4-7-15; 8:45 am] BILLING CODE 4310-55-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [DR.5B711.IA000815] Indian Gaming AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice of Approved Tribal-State Class III Gaming Compact.

    SUMMARY:

    This notice publishes the approval of the Tribal-State Compact for Regulation of Class III Gaming between the Cow Creek Band of Umpqua Tribe of Indians of Oregon (Tribe) and the State of Oregon (State), Amendment II.

    DATES:

    Effective: April 8, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Paula L. Hart, Director, Office of Indian Gaming, Office of the Deputy Assistant Secretary—Policy and Economic Development, Washington, DC 20240, (202) 219-4066.

    SUPPLEMENTARY INFORMATION:

    Under section 11 of the Indian Gaming Regulatory Act (IGRA) Public Law 100-497, 25 U.S.C. 2701 et seq., the Secretary of the Interior shall publish in the Federal Register notice of approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands. As required by 25 CFR 293.4, all compacts and amendments, including technical amendments, are subject to review and approval by the Secretary. The Tribal-State Compact for Regulation of Class III Gaming between the Cow Creek Band of Umpqua Tribe of Indians of Oregon and the State of Oregon, Amendment II, establishes criteria to deny or terminate contracts related to Class III gaming. The perpetual term of the compact remains unchanged.

    Dated: April 2, 2015. Kevin K. Washburn, Assistant Secretary—Indian Affairs.
    [FR Doc. 2015-08059 Filed 4-7-15; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR Office of the Secretary [156D0102DM DLSN0000.000000 DS62400000 DX62401] Proposed Renewal of Information Collection: OMB Control Number 1084-0010, Claim for Relocation Payments—Residential, DI-381 and Claim for Relocation Payments—Nonresidential, DI-382 AGENCY:

    Office of the Secretary, Office of Acquisition and Property Management, Interior.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of Acquisition and Property Management announces the proposed extension of a public information collection and seeks public comments on the provisions thereof.

    DATES:

    Consideration will be given to all comments received by June 8, 2015.

    ADDRESSES:

    Send your written comments to Mary Heying, Department of the Interior, Office of Acquisition and Property Management, 1849 C St. NW., MS 4262 MIB, Washington, DC 20240, fax (202) 513-7645 or by email to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information on this proposed information collection or its Relocation Forms should be directed to the contact information provided in the ADDRESSES section above.

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    This notice is for renewal of an existing information collection.

    The Office of Management and Budget (OMB) regulations at 5 CFR part 1320, which implement the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq., require that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8 (d)).

    This notice identifies an information collection activity that the Office of Acquisition and Property Management will submit to OMB for extension or re-approval. Public law 91-646, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, requires each Federal agency acquiring real estate interests to provide relocation benefits to individuals and businesses displaced as a result of the acquisition. Form DI-381, Claim For Relocation Payments—Residential, and DI-382, Claim For Relocation Payments—Nonresidential, permit the applicant to present allowable moving expenses and certify occupancy status, after having been displaced because of Federal acquisition of their real property.

    II. Data

    (1) Title: Claim for Relocation Payments—Residential, DI-381 and Claim for Relocation Payments—Nonresidential, DI-382.

    OMB Control Number: 1084-0010.

    Current Expiration Date: September 30, 2015.

    Type of Review: Information Collection: Renewal.

    Affected Entities: Individuals and businesses who are displaced because of Federal acquisitions of their real property.

    Bureau Form Numbers: DI-381, DI-382.

    (2) Annual reporting and recordkeeping burden:

    Total annual reporting per response: 50 minutes.

    Estimated Number of Annual Responses: 24.

    Frequency of Response: Once per relocation.

    Total Annual Burden Hours: 20 hours.

    (3) Description of the need and use of the information: The information required is obtained through application made by the displaced person or business to the funding agency for determination as to the specific amount of monies due under the law. The forms, through which application is made, require specific information since the Uniform Relocation Assistance and Real Property Acquisition Act allows for various amounts based upon each actual circumstance. Failure to make application to the agency would eliminate any basis for payment of claims.

    III. Request for Comments

    The Departments invite comments on:

    (a) Whether the collection of information is necessary for the proper performance of the functions of the agencies, including whether the information will have practical utility;

    (b) The accuracy of the agencies' estimate of the burden of the collection of information and the validity of the methodology and assumptions used;

    (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (d) Ways to minimize the burden of the collection of information on respondents, including through the use of appropriate automated, electronic, mechanical, or other collection techniques or other forms of information technology.

    “Burden” means the total time, effort, and financial resources expended by persons to generate, maintain, retain, disclose, or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install, and use technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, and to complete and review the collection of information; and to transmit or otherwise disclose the information.

    All written comments, with names and addresses, will be available for public inspection. If you wish us to withhold your personal information, you must prominently state at the beginning of your comment what personal information you want us to withhold. We will honor your request to the extent allowable by law. If you wish to view any comments received, you may do so by using the contact information provided in the ADDRESSES section above.

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

    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid Office of Management and Budget control number.

    Dated: March 25, 2015. Debra E. Sonderman, Director, Office of Acquisition and Property Management.
    [FR Doc. 2015-08000 Filed 4-7-15; 8:45 am] BILLING CODE 4334-63-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCOF00000 L19900000.PO0000] Notice of Meetings, Rio Grande Natural Area Commission AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of meetings.

    SUMMARY:

    In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Rio Grande Natural Area Commission will host public meetings regarding the Draft Management Plan as indicated below.

    DATES:

    The Rio Grande Natural Area Commission scheduled public meetings for May 12, 13 and 14. Each meeting will begin at 6 p.m. and adjourn at approximately 8 p.m. A phone call to plan the public meetings will be held on May 6 from 12 to 2 p.m.

    ADDRESS:

    The May 12 meeting will be held at the San Luis Valley Water Conservancy District Office, 623 Fourth St., Alamosa, CO 81101. The May 13 meeting will be held at the Costilla County Public Health Agency, 233 Main St., Suite C, San Luis, CO 81152. The May 14 meeting will be held in Antonito, Colorado at the Antonito Senior Center, 701 Main St., Antonito, CO 81120. To participate in the planning call, please contact Kyle Sullivan at the number listed below.

    FOR FURTHER INFORMATION CONTACT:

    Kyle Sullivan, Public Affairs Specialist, Royal Gorge Field Office, 3028 E. Main St., Cañon City, CO 81212; (719) 269-8553. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, seven days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    The Rio Grande Natural Area Commission was established in the Rio Grande Natural Area Act (16 U.S.C. 460rrr-2). The nine-member Commission advises the Secretary of the Interior, through the BLM, concerning the preparation and implementation of a management plan for non-Federal land in the Rio Grande Natural Area, as directed by law. The public is invited to review, comment on and ask questions about the Commission's draft management plan. The draft management plan and minutes from previous meetings are available for public inspection at: www.blm.gov/co/st/en/fo/slvfo.html.

    Ruth Welch, BLM Colorado State Director.
    [FR Doc. 2015-08036 Filed 4-7-15; 8:45 am] BILLING CODE 4310-JB-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLOR-936000-L14300000-ET0000-14XL1116AF; HAG-14-0109; WAOR-50706] Public Land Order No. 7832 Extension of Public Land Order No. 7133; Washington AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Public Land Order.

    SUMMARY:

    This order extends the duration of the withdrawal created by Public Land Order 7133 for an additional 20-year period. This extension is necessary to continue protection of the Brown Mountain, Pal Moore Meadows, Teepee, Cedar Creek, and Flowery Trail Seed Orchards, located in the Colville and Kaniksu National Forests, which will expire on April 12, 2015, unless extended.

    DATE:

    Effective Date: April 13, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Michael L. Barnes, Bureau of Land Management Oregon/Washington State Office, 503-808-6155, or Candice Polisky, U.S. Forest Service Pacific Northwest Region, 503-808-2479. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    The purpose for which the withdrawal was first made requires this extension to continue protection of the investments made in the Brown Mountain, Pal Moore Meadows, Teepee, Cedar Creek, and Flowery Trail Seed Orchards in Colville and Kaniksu National Forests. The withdrawal extended by this order will expire on April 12, 2035, unless, as a result of a review conducted prior to the expiration date pursuant to Section 204(f) of the Federal Land Policy and Management Act of 1976 43 U.S.C. 1714, the Secretary of the Interior determines that the withdrawal shall be further extended.

    Order

    By virtue of the authority vested in the Secretary of the Interior by Section 204 of the Federal Land Policy and Management Act of 1976 43 U.S.C. 1714, it is ordered as follows:

    Public Land Order No. 7133 (60 FR 18777(1995)), which withdrew 496.22 acres of National Forest System lands from location and entry under the United States mining laws (30 U.S.C. Ch. 2), but not from leasing under the mineral leasing laws, to protect the investment at the Brown Mountain, Pal Moore Meadows, Teepee, Cedar Creek, and Flowery Trail Seed Orchards, is hereby extended for an additional 20-year period until April 12, 2035.

    Dated: March 23, 2015. Janice M. Schneider, Assistant Secretary—Land and Minerals Management.
    [FR Doc. 2015-08009 Filed 4-7-15; 8:45 am] BILLING CODE 3410-11-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-PWR-PWRO-17645; PX.P0206452B.00.1] Final Environmental Impact Statement for Wilderness Stewardship Plan, Sequoia and Kings Canyon National Parks, Fresno and Tulare Counties, California AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice of Availability.

    SUMMARY:

    The National Park Service (NPS) has prepared a Wilderness Stewardship Plan and Environmental Impact Statement (Final WSP/EIS). The Final WSP/EIS identifies and analyzes five alternatives that will provide direction for the NPS to make decisions regarding the future use and protection of the Sequoia-Kings Canyon and John Krebs Wilderness within Sequoia and Kings Canyon National Parks.

    DATES:

    The NPS will execute a Record of Decision not sooner than 30 days from the date of publication of the U.S. Environmental Protection Agency's notice of availability for the Final EIS in the Federal Register.

    FOR FURTHER INFORMATION CONTACT:

    Nancy Hendricks, Environmental Compliance and Planning Coordinator, Sequoia and Kings Canyon National Parks, 47050 Generals Highway, Three Rivers, CA 93271, (559) 565-3102. Electronic versions of the complete document are available online at http://parkplanning.nps.gov/sekiwild. Request printed documents or CDs through email ([email protected]) (type “Final WSP/EIS” in the subject line) or telephone (559) 565-3102.

    SUPPLEMENTARY INFORMATION:

    The purposes of the WSP/EIS include implementing the long-term vision for protecting wilderness character that is contained in the parks' Final General Management Plan (GMP)/Final Environmental Impact Statement (EIS), as well as enhancing established programs and actions for managing these areas as wilderness. A variety of controversial or long-standing issues are addressed in the WSP/EIS, including visitor capacity, wilderness permitting, party (group) size limits for people and stock, campfire regulations, camping locations and regulations, food-storage requirements, human-waste management, stock access, stock grazing, maintenance of facilities and trails, and management of frontcountry facilities that support wilderness use. The WSP/EIS also analyzes and determines the types and levels of commercial services that may be performed for activities that are proper for realizing the recreational or other wilderness purposes of the areas, as required by § 4(d)(5) of the Wilderness Act (Extent Necessary Determination).

    The WSP/EIS considers five alternatives that would manage the overall character of the parks' wilderness, including key aspects such as wilderness use levels, access and trails, stock use and grazing, recreational and administrative infrastructure, and the extent to which those activities proper for realizing wilderness purposes may be supported by commercial services. The main differences between these alternatives lie in the key elements of wilderness management—use levels, access and trails, stock use and grazing, and infrastructure, both recreational and administrative. These differences are driven by the different approach to management that each alternative offers. Each alternative serves visitor and/or operational needs in different ways, and would preserve natural resources in a condition that is consistent with the purposes of the Wilderness Act.

    Alternative 1 (No-action/Status Quo) would continue to implement the existing Backcountry Management Plan (BMP) and the Stock Use and Meadow Management Plan (SUMMP) to guide wilderness management. The BMP establishes trailhead quotas, a wilderness permit system, and management objectives for campfires, campsites, sanitation, food storage, special-use limits, area closures, stock use and grazing, education and interpretation, trails and travel, signs, commercial operations, ranger stations, administrative policies, and monitoring (e.g., meadows monitoring). The SUMMP establishes the management system and tools for stock use and includes site-specific opening dates for grazing, grazing management, use levels, protection of Sierra Nevada bighorn sheep ewe-lamb ranges, installation of drift fences, stock and camp etiquette, implementation of temporary variances, and other closures. The SUMMP also establishes a monitoring program to inform and modify management as necessary to reduce resource impacts.

    Alternative 2 (NPS preferred alternative) would protect wilderness character by implementing site-specific actions, incorporating much of the current management strategies and tools used by the parks to protect wilderness. Wilderness would be managed by evaluating conditions in specific areas and mitigating impacts through targeted actions. The goal is to encourage wilderness use and minimize restrictions while preserving wilderness character. Alternative 2 acknowledges that there are some challenges in the most popular areas and in areas with sensitive resources that can be mitigated through targeted improvements in management. Most wilderness trails in the parks would remain open to stock under this alternative. Stock would continue to be allowed to travel up to one-half mile off maintained trails to reach campsites. Off-trail stock travel would continue to be allowed in four areas of the parks: On the Monarch Divide, in the Roaring River area, on the Hockett Plateau, and along the western side of the Kern River watershed south from the Chagoopa Plateau. Grazing would generally be allowed in areas open to camping with stock (within 0.5 mile of maintained trails open to camping with stock or in off-trail travel areas), with some exceptions. Under alternative 2, the levels and types of commercial services to be performed would be similar to current conditions. However, the levels and types of commercial services allowed would be limited in the Mount Whitney Management Area, an approximately 37,200 acre area around Mount Whitney within Sequoia National Park.

    Alternative 3 would provide more opportunities for primitive recreation by allowing additional use, which would be expected to occur mostly in popular areas. To preserve the natural quality of wilderness, the popular use areas in wilderness would require additional development and restrictions on visitor behavior. Most wilderness trails in the parks would remain open to stock under this alternative. Stock would continue to be allowed to travel up to one-half mile off maintained trails to reach campsites. Off-trail stock travel would continue to be allowed in four areas of the parks: On the Monarch Divide, in the Roaring River area, on the Hockett Plateau, and along the western side of the Kern River watershed south from the Chagoopa Plateau. Grazing would generally be allowed within 0.5 mile of maintained trails open to camping with stock, with some exceptions. As part of allowing increased use, the levels of commercial services would increase to accommodate less experienced visitors, to help educate visitors, and to control the impacts of inexperienced or inadequately equipped visitors.

    Alternative 4 emphasizes the undeveloped quality and non-commercial recreation. This alternative would eliminate some of the development currently in wilderness to emphasize the undeveloped quality of wilderness. There would be fewer signs, bridges, stock-related facilities, and ranger stations. Restrooms/privies and food-storage boxes would be removed and there would be no designated campsites. Because fewer resource-protecting developments would remain in place, the amount of use would need to be reduced to protect the natural quality of wilderness. Private parties traveling with stock would continue to have access to most trails in the parks, and stock would continue to be allowed to travel off-trail in four designated areas. However, commercial stock use would be limited to certain destinations and trails. No private, commercial, or administrative stock grazing would be allowed under this alternative. Commercial services would be reduced to levels significantly lower than those in the no-action alternative and commercial services would be limited in high-use areas

    Alternative 5 (environmentally preferable alternative) emphasizes opportunities for solitude by reducing the total number of wilderness visitors allowed in wilderness. Presence of fewer visitors in wilderness would in turn allow for reduced levels of development, along with reduced restrictions on visitor behavior (fewer people need fewer facilities). Reducing the numbers of visitors would also result in reduced impacts on resources. Stock travel more than 0.5 mile from trails open to camping with stock would be prohibited. Stock use and grazing would generally be allowed in most areas where overnight use is permitted with some exceptions. Commercial services would be at levels lower than those in the no-action alternative in most locations, but the percentage of total visitor use supported by commercial services would be similar to the no-action alternative to ensure that reduced access would not disproportionally affect any particular user group.

    Dated: February 6, 2015. Patricia L. Neubacher, Acting Regional Director, Pacific West Region.
    [FR Doc. 2015-08041 Filed 4-7-15; 8:45 am] BILLING CODE P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NRNHL-17899; PPWOCRADI0, PCU00RP14.R50000] National Register of Historic Places; Notification of Pending Nominations and Related Actions

    Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before March 14, 2015. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation. Comments may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St. NW., MS 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St. NW., 8th Floor, Washington, DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by April 23, 2015. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Dated: March 18, 2015. J. Paul Loether, Chief, National Register of Historic Places/National Historic Landmarks Program. ARIZONA Cochise County Bowie School District No. 14, 315 W. 5th St., Bowie, 15000168 CALIFORNIA Los Angeles County Federal Building, 15000 Aviation Blvd., Hawthorne, 15000169 COLORADO Park County Tarryall Rural Historic Landscape, Cty. Rd. 77, Mileposts 2.4 to 41.8, Jefferson, 15000170 San Juan County Sound Democrat Mill and Mine and Silver Queen Mine, (Mining Resources of San Juan County, Colorado MPS) Address Restricted, Silverton, 15000171 MARYLAND Baltimore Independent city McDonogh Place Historic District, N. Broadway, E. Eager, McDonogh & E. Chase Sts., Baltimore, 15000172 Charles County Mallows Bay—Widewater Historic and Archeological District, Off Charles County shoreline at Sandy Pt., Nanjemoy, 15000173 MISSOURI St. Louis Independent city Woodward and Tierman Printing Company Building, 1519 Tower Grove Ave., St. Louis, 15000174 NEW HAMPSHIRE Coos County Burgess, George E., School—Notre Dame High Schol, 411 School St., Berlin, 15000175 NEW JERSEY Sussex County Waterloo Village (Boundary Increase), Musconetcong R. & Cty. Rd. 604, Byram Township, 15000176 NEW YORK Bronx County Crotona Play Center, 1700 Fulton Ave., Bronx, 15000177 Suffolk County Sylvester Manor, 80 N. Ferry Rd., Shelter Island, 15000178 NORTH CAROLINA Ashe County Ashe County Memorial Hospital, (Ashe County, North Carolina, c. 1799-1955 MPS) 410 McConnell St., Jefferson, 15000179 Beaufort County Belhaven Commercial Historic District, 260-292 E. Main & 246-288, 251-279 Pamlico Sts., Belhaven, 15000180 Guilford County Willis, James H. and Anne B., House, 707 Blair St., Greensboro, 15000181 Harnett County Erwin Commercial Historic District, 100 Denim Drive, 101-127 E. H & 103-111 S. 13th Sts., Erwin, 15000182 Mecklenburg County Outen, R.F., Pottery, 430 Jefferson St., Matthews, 15000183 OHIO Hamilton County United States Post Office and Court House, 100 E. 5th St., Cincinnati, 15000184 Ottawa County Perry's Victory and International Peace Memorial (Boundary Increase), 93 Delaware Ave., Put-in-Bay, 15000185 TENNESSEE Grundy County Christ Episcopal Church, 530 10th St., Tracy City, 15000186 Shelby County One Hundred North Main Building, 100 N. Main St. Mall, Memphis, 15000187 WEST VIRGINIA Marion County Dunbar School, 103 High St., Fairmont, 15000188 WISCONSIN Sheboygan County Prange, Eliza, House, 605 Erie Ave., Sheboygan, 15000189 WYOMING Teton County Hardeman Barns, 5450 W. WY 22, Wilson, 15000190
    [FR Doc. 2015-08007 Filed 4-7-15; 8:45 am] BILLING CODE 4312-51-P
    INTERNATIONAL TRADE COMMISSION Public Availability of FY 2013 Service Contract Inventory Analysis, FY 2014 Service Contract Inventory, and FY 2014 Service Contract Inventory Planned Analysis AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    In accordance with Section 743 of Division C of the Consolidated Appropriations Act of 2010 (Pub. L. 111-117), the U.S. International Trade Commission is publishing this notice to advise the public of the availability of the FY 2013 Service Contract Inventory Analysis, the FY 2014 Service Contract Inventory, and the FY 2014 Service Contract Inventory Planned Analysis. The FY 2013 inventory analysis provides information on specific service contract actions that were analyzed as part of the FY 2013 inventory. The 2014 inventory provides information on service contract actions over $25,000 which were made in FY 2014. The inventory information is organized by function to show how contracted resources are distributed throughout the agency. The inventory has been developed in accordance with guidance issued on November 5, 2010 by the Office of Management and Budget's Office of Federal Procurement Policy (OFPP). OFPP's guidance is available at http://www.whitehouse.gov/sites/default/files/omb/procurement/memo/service-contract-inventories-guidance-11052010.pdf. The FY 2014 inventory planned analysis provides information on which functional areas will be reviewed by the agency. The United States International Trade Commission has posted its FY 2014 inventory, FY 2014 planned analysis, and FY 2013 inventory analysis at the following link: http://www.usitc.gov/procurement/.

    FOR FURTHER INFORMATION CONTACT:

    Questions regarding the service contract inventory should be directed to Debra Bridge, U.S. International Trade Commission, Office of Procurement, 500 E Street SW., Washington, DC 20436, or at 202-205-2004 or [email protected]

    By order of the Commission.

    Dated: April 3, 2015. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2015-08050 Filed 4-7-15; 8:45 am] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA-411N] Controlled Substances: Proposed Adjustments to the Aggregate Production Quotas for Difenoxin, Diphenoxylate (for conversion), and Marijuana AGENCY:

    Drug Enforcement Administration, Department of Justice.

    ACTION:

    Notice with request for comments.

    SUMMARY:

    The Drug Enforcement Administration is proposing to adjust the established 2015 aggregate production quota for difenoxin, diphenoxylate (for conversion), and marijuana which are schedule I and II controlled substances under the Controlled Substances Act.

    DATES:

    Interested persons may file written comments on this notice in accordance with 21 CFR 1303.13. Electronic comments must be submitted, and written comments must be postmarked, on or before May 8, 2015. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after 11:59 p.m. Eastern Time on the last day of the comment period.

    ADDRESSES:

    To ensure proper handling of comments, please reference “Docket No. DEA-411N” on all correspondence, including any attachments. The Drug Enforcement Administration encourages that all comments be submitted electronically through the Federal eRulemaking Portal which provides the ability to type short comments directly into the comment field on the Web page or attach a file for lengthier comments. Please go to http://www.regulations.gov and follow the online instructions at that site for submitting comments. Upon completion of your submission you will receive a Comment Tracking Number for your comment. Please be aware that submitted comments are not instantaneously available for public view on Regulations.gov. If you have received a Comment Tracking Number, your comment has been successfully submitted and there is no need to resubmit the same comment. Paper comments that duplicate electronic submissions are not necessary and are discouraged. Should you wish to mail a paper comment in lieu of an electronic comment, it should be sent via regular or express mail to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/ODXL, 8701 Morrissette Drive, Springfield, Virginia 22152.

    FOR FURTHER INFORMATION CONTACT:

    Imelda L. Paredes, Office of Diversion Control, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152, Telephone (202) 598-6812.

    SUPPLEMENTARY INFORMATION:

    Posting of Public Comments

    Please note that all comments received in response to this docket are considered part of the public record. They will, unless reasonable cause is given, be made available by the Drug Enforcement Administration for public inspection online at http://www.regulations.gov. Such information includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. The Freedom of Information Act applies to all comments received. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be posted online or made available in the public docket, you must include the phrase “PERSONAL IDENTIFYING INFORMATION” in the first paragraph of your comment. You must also place all the personal identifying information you do not want made publicly available in the first paragraph of your comment and identify what information you want redacted.

    If you want to submit confidential business information as part of your comment, but do not want it to be made publicly available, you must include the phrase “CONFIDENTIAL BUSINESS INFORMATION” in the first paragraph of your comment. You must also prominently identify confidential business information to be redacted within the comment.

    Comments containing personal identifying information and confidential business information identified and located as directed above will generally be made available in redacted form. If a comment has so much confidential business information or personal identifying information that it cannot be effectively redacted, all or part of that comment may not be made publicly available. Comments posted to http://www.regulations.gov may include any personal identifying information (such as name, address, and phone number) included in the text of your electronic submission that is not identified as directed above as confidential.

    An electronic copy of this document is available at http://www.regulations.gov for easy reference.

    Legal Authority

    The Drug Enforcement Administration (DEA) implements and enforces titles II and III of the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended. 21 U.S.C. 801-971. Titles II and III are referred to as the “Controlled Substances Act” and the “Controlled Substances Import and Export Act,” respectively, and are collectively referred to as the “Controlled Substances Act” or the “CSA” for the purpose of this action. The DEA publishes the implementing regulations for these statutes in title 21 of the Code of Federal Regulations (CFR), chapter II. The CSA and its implementing regulations are designed to prevent, detect, and eliminate the diversion of controlled substances and listed chemicals into the illicit market while providing for the legitimate medical, scientific, research, and industrial needs of the United States. Controlled substances have the potential for abuse and dependence and are controlled to protect the public health and safety.

    Section 306 of the CSA (21 U.S.C. 826) requires the Attorney General to establish aggregate production quotas for each basic class of controlled substance listed in schedules I and II each year. The Attorney General has delegated this function to the Administrator of the DEA, 28 CFR 0.100.

    Background

    The DEA established the initial 2015 aggregate production quotas and assessments of annual need on September 8, 2014 (79 FR 53216). That notice stipulated that, as provided for in 21 CFR 1303.13, all aggregate production quotas and assessments of annual need are subject to adjustment.

    Based on unanticipated medical, scientific, research, and industrial needs of the United States the DEA proposes to adjust the established 2015 aggregate production quotas for the schedule I and II controlled substances difenoxin, diphenoxylate (for conversion), and marijuana to be manufactured in the United States in 2015. The adjustment is necessary to provide for the estimated medical, scientific, research, and industrial needs of the United States, lawful export requirements, and the establishment and maintenance of reserve stocks.

    In proposing the adjustment, the Administrator has taken into account the following criteria in accordance with 21 CFR 1303.13: (1) Changes in demand for the basic class, changes in the national rate of net disposal for the class, and changes in the rate of net disposal by the registrants holding individual manufacturing quotas for the class; (2) whether any increased demand or changes in the national and/or individual rates of net disposal are temporary, short term, or long term; (3) whether any increased demand for that class can be met through existing inventories, increased individual manufacturing quotas, or increased importation, without increasing the aggregate production quota; (4) whether any decreased demand will result in excessive inventory accumulation by all persons registered to handle the class; and (5) other factors affecting the medical, scientific, research, and industrial needs of the United States and lawful export requirements, as the Administrator finds relevant.

    Analysis for Adjusting the Established 2015 Aggregate Production Quota for Difenoxin and Diphenoxylate (for Conversion)

    Since the establishment of the initial 2015 aggregate production quotas, the DEA has received requests from DEA registered manufacturers to manufacture difenoxin and diphenoxylate (for conversion) to support the manufacture of prescription drug products approved by the Food and Drug Administration (FDA) for the treatment of chronic diarrhea and for the treatment of diarrhea associated with irritable bowel syndrome (IBS).1 These FDA approved products have not been manufactured since 2009 due to FDA-regulated manufacturing issues and there is no existing generic or therapeutic equivalent.

    1 Difenoxin (schedule I) is the active pharmaceutical ingredient in the diarrhea preparation (schedule V).

    Analysis for Adjusting the Established 2015 Aggregate Production Quota for Marijuana

    Since the establishment of the initial 2015 aggregate production quotas, the DEA has received notification from DEA registered manufacturers that research and product development involving cannabidiol, is increasing beyond that previously anticipated for 2015. The associated product development activities are related to process validation and commercialization activities, including qualification activities related to potential U.S. Food and Drug Administration submission support.

    Additionally, the DEA has also received notification from the National Institute on Drug Abuse (NIDA) that it required additional supplies of marijuana to be manufactured in 2015 to provide for ongoing and anticipated research efforts involving marijuana. NIDA is a component of the National Institutes of Health and the U.S. Department of Health and Human Services which oversees the cultivation, production and distribution of research-grade marijuana on behalf of the United States Government, pursuant to the Single Convention on Narcotic Drugs (March 30, 1961, 18 UST 1407).

    The Administrator, therefore, proposes to adjust the 2015 aggregate production quotas for difenoxin, diphenoxylate (for conversion), and marijuana, expressed in grams of anhydrous acid or base, as follows:

    Basic class-schedule I Previously
  • established 2015 quota
  • Adjusted 2015 quota
    Difenoxin 50 g 9,000 g Marijuana 125,000 g 400,000 g
    Basic class-schedule II Previously
  • established 2015 quota
  • Adjusted 2015 quota
    Diphenoxylate (for conversion) Zero 75,000 g
    Dated: April 1, 2015. Michele M. Leonhart, Administrator.
    [FR Doc. 2015-08042 Filed 4-7-15; 8:45 am] BILLING CODE 4410-09-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (15-026)] Notice of Intent To Grant a Partially Exclusive License AGENCY:

    National Aeronautics and Space Administration.

    ACTION:

    Notice of Intent to Grant Partially Exclusive License.

    SUMMARY:

    This notice is issued in accordance with 35 U.S.C. 209(e) and 37 CFR 404.7(a)(1)(i). NASA hereby gives notice of its intent to grant a partially exclusive license in the United States to practice the invention described and claimed in U.S. Patent No. 7,086,593 B2 titled “Magnetic Field Response Measurement Acquisition System,” NASA Case No. LAR-16908-1; U.S. Patent No. 7,159,774 B2 titled “Magnetic Field Response Measurement Acquisition System,” NASA Case No. LAR-17280-1; U.S. Patent No. 7,075,295 B2 titled “Magnetic Field Response Sensor for Conductive Media,” NASA Case No. LAR-16571-1; U.S. Patent No. 7,589,525 B2 titled “Magnetic Field Response Sensor for Conductive Media,” NASA Case No. LAR-16571-2; U.S. Patent No. 7,759,932 B2 titled “Magnetic Field Response Sensor for Conductive Media,” NASA Case No. LAR-16571-3; U.S. Patent No. 8,430,327 B2 titled “Wireless Sensing System Using Open-Circuit, Electrically-Conductive Spiral-Trace Sensor,” NASA Case No. LAR-17294-1; U.S. Patent No. 7,683,797 B2 titled “Damage Detection/Locating System Providing Thermal Protection,” NASA Case No. LAR-17295-1; U.S. Patent No. 7,902,815 B2 titled “Wireless System and Method for Collecting Motion and Non-Motion Related Data of a Rotating System,” NASA Case No. LAR-17433-1; U.S. Patent No. 8,042,739 B2 titled “Wireless Tamper Detection Sensor and Sensing System,” NASA Case No. LAR-17444-1; U.S. Patent No. 7,711,509 B2 titled “Method of Calibrating a Fluid-Level Measurement System,” NASA Case No. LAR-17480-1; U.S. Patent No. 7,814,786 B2 titled “Wireless Sensing System for Non-Invasive Monitoring of Attributes of Contents in a Container,” NASA Case No. LAR-17488-1; U.S. Patent No. 8,673,649 B2 titled “Wireless Chemical Sensor and Sensing Method for Use Therewith,” NASA Case No. LAR-17579-1; U.S. Patent Application No. 14/215,793 titled “Wireless Chemical Sensor and Sensing Method for Use Therewith,” NASA Case No. LAR-17579-2; U.S. Patent No. 8,167,204 B2 titled “Wireless Damage Location Sensing System,” NASA Case No. LAR-17593-1; U.S. Patent No. 8,179,203 B2 titled “Wireless Electrical Device Using Open-Circuit Elements Having No Electrical Connections,” NASA Case No. LAR-17711-1; U.S. Patent Application No. 14/193,861 titled “Wireless Temperature Sensing Having No Electrical Connections and Sensing Method for Use Therewith,” NASA Case No. LAR-17747-1-CON; U.S. Patent Application No. 13/796,626 titled “Method of Mapping Anomalies in Homogenous Material,” NASA Case No. LAR-17848-1 to GLSEQ, LLC having its principal place of business in Owens Cross Roads, Alabama. The fields of use may be limited to, but not necessarily be limited to, safety related and non-safety related instrumentation and control systems for nuclear facilities, including advanced safety related and non-safety related instrumentation systems for severe accident monitoring within nuclear power plants and nuclear storage facilities. The patent rights in these inventions have been assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The prospective partially exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7.

    DATES:

    The prospective partially exclusive license may be granted unless, within fifteen (15) days from the date of this published notice, NASA receives written objections including evidence and argument that establish that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7. Competing applications completed and received by NASA within fifteen (15) days of the date of this published notice will also be treated as objections to the grant of the contemplated partially exclusive license.

    Objections submitted in response to this notice will not be made available to the public for inspection and, to the extent permitted by law, will not be released under the Freedom of Information Act, 5 U.S.C. 552.

    ADDRESSES:

    Objections relating to the prospective license may be submitted to Patent Counsel, Office of Chief Counsel, NASA Langley Research Center, MS 30, Hampton, VA 23681; (757) 864-3230 (phone), (757) 864-9190 (fax).

    FOR FURTHER INFORMATION CONTACT:

    Robin W. Edwards, Patent Counsel, Office of Chief Counsel, NASA Langley Research Center, MS 30, Hampton, VA 23681; (757) 864-3230; Fax: (757) 864-9190. Information about other NASA inventions available for licensing can be found online at http://technology.nasa.gov.

    Sumara M. Thompson-King, General Counsel.
    [FR Doc. 2015-08076 Filed 4-7-15; 8:45 am] BILLING CODE 7510-13-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (15-025)] Notice of Intent To Grant an Exclusive License. AGENCY:

    National Aeronautics and Space Administration.

    ACTION:

    Notice of Intent to Grant an Exclusive License.

    SUMMARY:

    This notice is issued in accordance with 35 U.S.C. 209(e) and 37 CFR 404.7(a)(1)(i). NASA hereby gives notice of its intent to grant an exclusive patent license in the United States to ICAP Patent Brokerage, having its principal place of business in New York, NY, to promote the utilization by the public of the inventions described and claimed in the following U.S. Patents by, inter alia, engaging in marketing activities:

    “USPN 7,412,175, Millimeter Wave Polarization Transformer, NASA Case No. GSC-15027-1; USPN 7,465,926, Miniaturized Radiation Spectrometer Development, GSC-15115-1; USPN 7,504,921, Stepping Flextures, GSC-14562-1; USPN 7,513,546, Conformal Gripper, GSC-14952-1; USPN 7,544,146, Anti-Backlash Gear-Bearings, GSC-14603-1; USPN 7,601,091, Modular Gear Bearing, GSC-14979-1; USPN 7,609,978, INTERFEROMETRIC POLARIZATION CONTROL, GSC-15027-2; USPN 7,616,903, INTERFEROMETRIC POLARIZATION CONTROL, GSC-15027-3; USPN 7,622,907, Driven Ground, GSC-15042-1; USPN 7,635,832, Iterative-Transform Phase-Retrieval Utilizing Adaptive Diversity, GSC-14879-1; USPN 7,735,385, Actuated Ball and Socket Joint, GSC-15417-1; USPN 7,746,190, Broadband High Spurious-suppression Microwave Waveguide Filter For Polarization-preserving And Transformer, GSC-15055-1; USPN 7,762,155, Gear Bearings, GSC-14480-2; USPN 7,811,406, Advanced Adhesive Bond Shape Tailoring for Large Composite Primary Structures Subjected to Cryogenic and Ambient Loading Environments, GSC-15377-1; USPN 7,817,087, Relative Spacecraft Navigation using Reflected GPS Signals, GSC-15483-1; USPN 7,830,527, Method And Apparatus For Second Harmonic Generation And Other Frequency Convertion With Multiple Frequency Channels, GSC-15349-1; USPN 7,970,025, Tunable Frequency-stabilized Laser via Offset Sideband Locking, GSC-15583-1; USPN 7,982,861, Pseudo-Noise Code Modulation using Return to Zero pulses for Ranging, Altimetry and Communications, GSC-15445-1; USPN 8,155,939, Hughes Particle &#8211; Surface Interaction Model; Surface Interaction Model, GSC-15364-1; USPN 8,160,728, Sensor Complete Requirements Algorithm For Autonomous Mobility, GSC-15527-1; USPN 8,275,724, A biologically-inspired method of improving system performance and survivability through self-sacrifice, GSC-15550-1; USPN 8,275,015, Passively Q-switched side pumped Monolithic Ring Laser, GSC-15724-1; USPN 8,274,726, Sampling and Reconstruction of the Sinc(x) Function, GSC-15947-1; USPN 8,285,401, Discrete Fourier Transform (DFT) Analysis in a Complex Vector Space, GSC-15684-1; USPN 8,331,733, Sampling Theorem in Terms of the Bandwidth and Sampling Interval, GSC-15685-1; USPN 8,330,644, Expandable Reconfigurable Instrument Node—Web Sensor Strand Demonstration, GSC-15692-1; USPN 8,354,952, Phase Retrieval for Radio Telescope and Antenna Control, GSC-15977-1; USPN 8,406,469, Progressive Band Selection for Hyperspectral Images, GSC-15792-1; USPN 8,484,274, Optimal Padding for the Two-Dimensional Fast Fourier Transform, GSC-15678-1; USPN 8,499,779, Non-Pyrotechnic Zero-Leak Normally-Closed Valve, GSC-15328-1; USPN 8,687,742, Ensemble Detector, GSC-15774-1; USPN 8,816,884, Vectorized Rebinning Algorithm for Fast Data Down-Sampling, GSC-15949-1; USPN 8,816,273, A High Event Rate, Zero Dead Time, Multi-Stop Time-to-digital Converter Application Specific Integrated Circuit, GSC-16182-1; USPN 8,898,479, INTEGRATED GENOMIC AND PROTEOMIC INFORMATION SECURITY PROTOCOL, GSC-16545-1.”

    The patent rights in these inventions as applicable have been assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The prospective exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. NASA has not yet made a determination to grant exclusive licenses and may deny the requested licenses even if no objections are submitted within the comment period.

    DATES:

    The prospective exclusive license may be granted unless, within fifteen (15) days from the date of this published notice, NASA receives written objections including evidence and argument that establish that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7. Competing applications completed and received by NASA within fifteen (15) days of the date of this published notice will also be treated as objections to the grant of the contemplated exclusive license.

    Objections submitted in response to this notice will not be made available to the public for inspection and, to the extent permitted by law, will not be released under the Freedom of Information Act, 5 U.S.C. 552.

    ADDRESSES:

    Objections relating to the prospective license may be submitted to Mr. Bryan A. Geurts, Chief Patent Counsel, Goddard Space Flight Center, Code 140.1, Greenbelt, MD 20771, (301) 286-7351.

    FOR FURTHER INFORMATION CONTACT:

    Alfred T. Mecum, Innovative Partnerships Program Office, Goddard Space Flight Center, Code 504, Greenbelt, MD 20771 (301) 286-5810. Information about other NASA inventions available for licensing can be found online at http://technology.nasa.gov/.

    Sumara M. Thompson-King, General Counsel.
    [FR Doc. 2015-08075 Filed 4-7-15; 8:45 am] BILLING CODE 7510-13-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (15-027)] Notice of Intent To Grant an Exclusive License AGENCY:

    National Aeronautics and Space Administration.

    ACTION:

    Notice of Intent to Grant an Exclusive License.

    SUMMARY:

    This notice is issued in accordance with 35 U.S.C. 209(e) and 37 CFR 404.7(a)(1)(i). NASA hereby gives notice of its intent to grant an exclusive license in the United States to practice the invention described and claimed in the following U.S. Patent Applications:

    “USPN 7,412,175, Millimeter Wave Polarization Transformer, NASA Case No. GSC-15027-1; USPN 7,465,926, Miniaturized Radiation Spectrometer Development, GSC-15115-1; USPN 7,504,921, Stepping Flextures, GSC-14562-1; USPN 7,513,546, Conformal Gripper, GSC-14952-1; USPN 7,544,146, Anti-Backlash Gear-Bearings, GSC-14603-1; USPN 7,601,091, Modular Gear Bearing, GSC-14979-1; USPN 7,609,978, INTERFEROMETRIC POLARIZATION CONTROL, GSC-15027-2; USPN 7,616,903, INTERFEROMETRIC POLARIZATION CONTROL, GSC-15027-3; USPN 7,622,907, Driven Ground, GSC-15042-1; USPN 7,635,832, Iterative-Transform Phase-Retrieval Utilizing Adaptive Diversity, GSC-14879-1; USPN 7,735,385, Actuated Ball and Socket Joint, GSC-15417-1; USPN 7,746,190, Broadband High Spurious-suppression Microwave Waveguide Filter For Polarization-preserving And Transformer, GSC-15055-1; USPN 7,762,155, Gear Bearings, GSC-14480-2; USPN 7,811,406, Advanced Adhesive Bond Shape Tailoring for Large Composite Primary Structures Subjected to Cryogenic and Ambient Loading Environments, GSC-15377-1; USPN 7,817,087, Relative Spacecraft Navigation using Reflected GPS Signals, GSC-15483-1; USPN 7,830,527, Method And Apparatus For Second Harmonic Generation And Other Frequency Convertion With Multiple Frequency Channels, GSC-15349-1; USPN 7,970,025, Tunable Frequency-stabilized Laser via Offset Sideband Locking, GSC-15583-1; USPN 7,982,861, Pseudo-Noise Code Modulation using Return to Zero pulses for Ranging, Altimetry and Communications, GSC-15445-1; USPN 8,155,939, Hughes Particle &#8211; Surface Interaction Model; Surface Interaction Model, GSC-15364-1; USPN 8,160,728, Sensor Complete Requirements Algorithm For Autonomous Mobility, GSC-15527-1; USPN 8,275,724, A biologically-inspired method of improving system performance and survivability through self-sacrifice, GSC-15550-1; USPN 8,275,015, Passively Q-switched side pumped Monolithic Ring Laser, GSC-15724-1; USPN 8,274,726, Sampling and Reconstruction of the Sinc(x) Function, GSC-15947-1; USPN 8,285,401, Discrete Fourier Transform (DFT) Analysis in a Complex Vector Space, GSC-15684-1; USPN 8,331,733, Sampling Theorem in Terms of the Bandwidth and Sampling Interval, GSC-15685-1; USPN 8,330,644, Expandable Reconfigurable Instrument Node—Web Sensor Strand Demonstration, GSC-15692-1; USPN 8,354,952, Phase Retrieval for Radio Telescope and Antenna Control, GSC-15977-1; USPN 8,406,469, Progressive Band Selection for Hyperspectral Images, GSC-15792-1; USPN 8,484,274, Optimal Padding for the Two-Dimensional Fast Fourier Transform, GSC-15678-1; USPN 8,499,779, Non-Pyrotechnic Zero-Leak Normally-Closed Valve, GSC-15328-1; USPN 8,687,742, Ensemble Detector, GSC-15774-1; USPN 8,816,884, Vectorized Rebinning Algorithm for Fast Data Down-Sampling, GSC-15949-1; USPN 8,816,273, A High Event Rate, Zero Dead Time, Multi-Stop Time-to-digital Converter Application Specific Integrated Circuit, GSC-16182-1; USPN 8,898,479, INTEGRATED GENOMIC AND PROTEOMIC INFORMATION SECURITY PROTOCOL, GSC-16545-1.”

    To Ocean Tomo Federal Services having its principal place of business in Bethesda, MD. The patent rights in this invention have been assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7.

    DATES:

    The prospective exclusive license may be granted unless, within fifteen (15) days from the date of this published notice, NASA receives written objections including evidence and argument that establish that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7. Competing applications completed and received by NASA within fifteen (15) days of the date of this published notice will also be treated as objections to the grant of the contemplated exclusive license.

    Objections submitted in response to this notice will not be made available to the public for inspection and, to the extent permitted by law, will not be released under the Freedom of Information Act, 5 U.S.C. 552.

    ADDRESSES:

    Objections relating to the prospective license may be submitted to Mr. Bryan A. Geurts, Chief Patent Counsel/140.1, Goddard Space Flight Center, Greenbelt, MD 20771, (301) 286-7351.

    FOR FURTHER INFORMATION CONTACT:

    Alfred T. Mecum, Innovative Partnerships Program Office/504, Goddard Space Flight Center, Greenbelt, MD 20771 (301) 286-5810. Information about other NASA inventions available for licensing can be found online at http://technology.nasa.gov/.

    Sumara M. Thompson-King, General Counsel.
    [FR Doc. 2015-08077 Filed 4-7-15; 8:45 am] BILLING CODE 7510-13-P
    NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES National Endowment for the Arts Arts Advisory Panel Meetings AGENCY:

    National Endowment for the Arts, National Foundation on the Arts and Humanities.

    ACTION:

    Notice of meeting.

    SUMMARY:

    Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), as amended, notice is hereby given that nine meetings of the Arts Advisory Panel to the National Council on the Arts will be held by teleconference from the National Endowment for the Arts, Constitution Center, 400 7th St. SW., Washington, DC 20506 as follows (all meetings are Eastern time and ending times are approximate):

    Design (review of applications): This meeting will be closed.

    Dates: April 28, 2015 11:00 a.m. to 1:30 p.m.

    Design (review of applications): This meeting will be closed.

    Dates: April 28, 2015 2:30 p.m. to 5:00 p.m.

    Design (review of applications): This meeting will be closed.

    Dates: April 29, 2015 11:00 a.m. to 1:30 p.m.

    Design (review of applications): This meeting will be closed.

    Dates: April 29, 2015 2:30 p.m. to 5:00 p.m.

    Design (review of applications): This meeting will be closed.

    Dates: May 7, 2015 11:00 a.m. to 2:00 p.m.

    Design (review of applications): This meeting will be closed.

    Dates: May 7, 2015 2:30 p.m. to 5:00 p.m.

    Design (review of applications): This meeting will be closed.

    Dates: May 8, 2015 11:00 a.m. to 1:30 p.m.

    Literature (review of applications): This meeting will be closed.

    Dates: May 20, 2015 2:00 p.m. to 5:00 p.m.

    Literature (review of applications): This meeting will be closed.

    Dates: May 20, 2015 2:30 p.m. to 5:00 p.m.

    FOR FURTHER INFORMATION CONTACT:

    Further information with reference to these meetings can be obtained from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel Operations, National Endowment for the Arts, Washington, DC 20506; [email protected], or call 202/682-5691.

    SUPPLEMENTARY INFORMATION:

    The closed portions of meetings are for the purpose of Panel review, discussion, evaluation, and recommendations on financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including information given in confidence to the agency. In accordance with the determination of the Chairman of February 15, 2012, these sessions will be closed to the public pursuant to subsection (c)(6) of section 552b of title 5, United States Code.

    Dated: April 2, 2015. Kathy Plowitz-Worden, Panel Coordinator, National Endowment for the Arts.
    [FR Doc. 2015-07955 Filed 4-7-15; 8:45 am] BILLING CODE 7537-01-P
    THE NATIONAL FOUNDATION FOR THE ARTS AND THE HUMANITIES Notice of Proposed Information Collection Requests: Museum Locator Tool AGENCY:

    Institute of Museum and Library Services, National Foundation for the Arts and the Humanities.

    ACTION:

    Notice, request for comments, collection of information.

    SUMMARY:

    The Institute of Museum and Library Services (IMLS), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). This pre-clearance consultation program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. By this notice, IMLS is soliciting comments concerning a proposed information collection to enable the museum community and members of the public to provide input into IMLS's ongoing effort to provide accurate information about currently operating museums throughout the United States.

    A copy of the proposed information collection request can be obtained by contacting the individual listed below in the ADDRESSES section of this notice.

    DATES:

    Written comments must be submitted to the office listed in the addressee section below on or before June 7, 2015.

    IMLS is particularly interested in comments that help the agency:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

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

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

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

    ADDRESSES:

    Send comments to: Carlos A. Manjarrez, Director, Office of Planning, Research and Evaluation, Institute of Museum and Library Services, 1800 M St. NW., 9th Floor, Washington, DC 20036. Mr. Manjarrez can be reached by Telephone: 202-653-4671, Fax: 202-653-4600, or by email at [email protected], or by teletype (TTY/TDD) for persons with hearing difficulty at 202-653-4614.

    SUPPLEMENTARY INFORMATION:

    I. Background

    The Institute of Museum and Library Services is the primary source of federal support for the Nation's 123,000 libraries and 35,000 museums. The Institute's mission is to inspire libraries and museums to advance innovation, learning and civic engagement. The Institute works at the national level and in coordination with state and local organizations to sustain heritage, culture, and knowledge; enhance learning and innovation; and support professional development. IMLS is responsible for identifying national needs for and trends in museum, library, and information services; measuring and reporting on the impact and effectiveness of museum, library and information services throughout the United States, including programs conducted with funds made available by IMLS; identifying, and disseminating information on, the best practices of such programs; and developing plans to improve museum, library and information services of the United States and strengthen national, State, local, regional, and international communications and cooperative networks (20 U.S.C. Chapter 72, 20 U.S.C. 9108).

    II. Current Actions

    The intention of the Museum Locator Tool is to support IMLS's ongoing effort to provide accurate information about currently operating museums throughout the United States. While IMLS has collected a wide range of data about museums across the country and has cleaned and enhanced this data over time, the museum locator provides an easy-to-use tool for members of the public interested in accessing museum information and providing input to the list of museums on a voluntary basis. The Museum Locator Tool will provide an opportunity for the public to identify museums via a keyword search or by navigating an easy-to-use map. Members of the public will also be able to provide input by identifying museums in their area that may not be listed or by providing additional information for museums they have identified within the tool. The Museum Locator Tool will include an “Add a Museum” function that allows viewers to enter an institution that is not in the data base and provide: Institution name, street address, city and state, zip code, phone number, URL, and hours of operation. There will also be an “Update a Museum” function that will allow viewers to update the same institution fields: Institution name, street address, city and state, zip code, phone number, URL, and hours of operation.

    The Museum Locator Tool is not a statistical collection and the data gathered from this tool will not be used for statistical reporting. Rather, it is provided as a service to members of the public who are interested in accessing current data on US museums and who would like to contribute to an open and ongoing public resource. The tool will provide APIs for developers to access the data in real time and data downloads for people who care to access data from the tool in batch form.

    Agency: Institute of Museum and Library Services.

    Title: Museum Finder Tool.

    OMB Number: To Be Determined.

    Frequency: N/A.

    Affected Public: The target populations for the tool are museum professionals and members of the public interested in museum services.

    Estimated Number of Respondents: 500.

    Estimated Average Burden per Response: The burden per respondent is estimated to be an average of 5 minutes based on the size of the input form.

    Estimated Total Annual Burden: 42 hours.

    Total Annualized capital/startup costs: n/a.

    Total Annual costs: To be determined.

    Public Comments Invited: Comments submitted in response to this notice will be summarized and/or included in the request for OMB's clearance of this information collection.

    FOR FURTHER INFORMATION CONTACT:

    Carlos A. Manjarrez, Director, Office of Planning, Research and Evaluation, 1800 M St. NW., 9th Floor, Washington, DC 20036.

    Mr. Manjarrez can be reached by Telephone: 202-653-4671, Fax: 202-653-4600, or by email at [email protected], or by teletype (TTY/TDD) for persons with hearing difficulty at 202-653-4614.

    Dated: April 3, 2015. Kim Miller, Management Analyst.
    [FR Doc. 2015-08061 Filed 4-7-15; 8:45 am] BILLING CODE 7036-01-P
    POSTAL REGULATORY COMMISSION [Docket No. CP2013-81; Order No. 2424] Amendment to Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning an amendment to Priority Mail Contract 63 negotiated service agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: April 9, 2015.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Notice of Filings III. Ordering Paragraphs I. Introduction

    On April 1, 2015, the Postal Service filed notice that it has agreed to an Amendment to the existing Priority Mail Contract 63 negotiated service agreement approved in this docket.1 In support of its Notice, the Postal Service includes a redacted copy of the Amendment in Attachment A. Id., Attachment A. The Postal Service previously filed a certification of compliance with 39 U.S.C. 3633(a), as required by 39 CFR 3015.5.2

    1 Notice of United States Postal Service of Amendment to Priority Mail Contract 63, with Portions Filed Under Seal, April 1, 2015 (Notice).

    2 Request of the United States Postal Service to Add Priority Mail Contract 63 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors' Decision, Contract, and Supporting Data, September 19, 2013 (Request). Although the Request appears to state that the certification only pertains to paragraphs (1) and (3) of 39 U.S.C. 3633(a), the certification itself contains an assertion that the prices are in compliance with 39 U.S.C. 3633 (a)(1), (2), and (3). Request at 2; Attachment E.

    The Postal Service also filed the unredacted Amendment under seal. Notice at 1. The Postal Service states this Amendment will not materially affect the cost coverage of Priority Mail Contract 63 and asserts that the supporting financial documentation and financial certification initially provided in this docket remain applicable. Id. The Postal Service seeks to incorporate by reference the Application for Non-Public Treatment originally filed in this docket for the protection of information that it has filed under seal. Id.

    The Amendment revises the customer's Priority Mail contract rates, which appear in Terms I.F, I.G, and I.H, and the annual adjustment, which is described in Term I.I. Notice, Attachment A at 1-3.

    The Postal Service intends for the Amendment to become effective one business day after the date that the Commission completes its review of the Notice. Notice at 1. The Postal Service asserts that the Amendment will not impair the ability of the contract to comply with 39 U.S.C. 3633. Id.

    II. Notice of Filings

    The Commission invites comments on whether the changes presented in the Postal Service's Notice are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR 3015.5, and 39 CFR part 3020, subpart B. Comments are due no later than April 9, 2015. The public portions of these filings can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints Kenneth R. Moeller to represent the interests of the general public (Public Representative) in this docket.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission reopens Docket No. CP2013-81 for consideration of matters raised by the Postal Service's Notice.

    2. Pursuant to 39 U.S.C. 505, the Commission appoints Kenneth R. Moeller to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding.

    3. Comments are due no later than April 9, 2015.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Shoshana M. Grove, Secretary.
    [FR Doc. 2015-07975 Filed 4-7-15; 8:45 am] BILLING CODE 7710-FW-P
    Railroad Retirement Board Sunshine Act; Notice of Public Meeting

    Notice is hereby given that the Railroad Retirement Board will hold a meeting on April 22, 2015, 10:00 a.m. at the Board's meeting room on the 8th floor of its headquarters building, 844 North Rush Street, Chicago, Illinois, 60611. The agenda for this meeting follows:

    Portion open to the public:

    (1) Executive Committee Reports

    The person to contact for more information is Martha P. Rico, Secretary to the Board, Phone No. 312-751-4920.

    Dated: April 6, 2015. Martha P. Rico, Secretary to the Board.
    [FR Doc. 2015-08143 Filed 4-6-15; 11:15 am] BILLING CODE 7905-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-74640; File No. SR-NYSE-2015-13] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending its Price List To Specify That a Member Organization May Request That the Exchange Aggregate its Eligible Activity With Activity of the Member Organization's Affiliates for Purposes of Charges or Credits Based on Volume April 2, 2015.

    Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the “Act”) 2 and Rule 19b-4 thereunder,3 notice is hereby given that on March 25, 2015, New York Stock Exchange LLC (“NYSE” or the “Exchange”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 15 U.S.C. 78a.

    3 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange proposes to amend its Price List to specify that a member organization may request that the Exchange aggregate its eligible activity with activity of the member organization's affiliates for purposes of charges or credits based on volume. The text of the proposed rule change is available on the Exchange's Web site at www.nyse.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to amend its Price List to specify that member organizations may request that the Exchange aggregate their eligible activity with activity of member organization's affiliates for purposes of charges or credits based on volume. The proposed rule change is based on NASDAQ Stock Market LLC (“NASDAQ”) Rule 7027, NASDAQ Options Market LLC (“NOM”) Rules at Chapter XV, and the NASDAQ OMX PHLX LLC (“PHLX”) Pricing Schedule.4

    4 Effective December 1, 2014, NASDAQ amended Rule 7027 to harmonize the treatment of aggregation of affiliate activity of affiliated members to be consistent with the rules governing NOM and PHLX. See Securities Exchange Act Release No. 72966 (Sept. 3, 2014), 79 FR 53473 (Sept. 9, 2014) (SR-NASDAQ-2014-083). NOM and PHLX also amended their respective rules to harmonize the process by which it collects information from its members for purposes of aggregating member activity between its equity and options markets. See Securities Exchange Act Release Nos. 72967 (Sept. 2, 2014), 79 FR 53471 (Sept. 9, 2014) (SR-NASDAQ-2014-082) and 72969 (Sept. 3, 2014), 79 FR 53485 (Sept. 9, 2014) (SR-PHLX-2014-56).

    As proposed, for purposes of applying any provision of the Exchange's Price List where the charge assessed, or credit provided, by the Exchange depends on the volume of a member organization's activity, a member organization may request that the Exchange aggregate its eligible activity with activity of such member organization's affiliates. The Exchange further proposes that a member organization requesting aggregation of eligible affiliate activity would be required to (1) certify to the Exchange the affiliate status of member organizations whose activity it seeks to aggregate prior to receiving approval for aggregation, and (2) inform the Exchange immediately of any event that causes an entity to cease being an affiliate. The Exchange would review available information regarding the entities and reserves the right to request additional information to verify the affiliate status of an entity. As further proposed, the Exchange would approve a request, unless it determines that the certificate is not accurate.5

    5See NASDAQ Rule 7027(a)(1).

    The Exchange also proposes that if two or more member organizations become affiliated on or prior to the sixteenth day of a month, and submit the required request for aggregation on or prior to the twenty-second day of the month, an approval of the request would be deemed to be effective as of the first day of that month. If two or more member organizations become affiliated after the sixteenth day of a month, or submit a request for aggregation after the twenty second day of the month, an approval of the request would be deemed to be effective as of the first day of the next calendar month.6 The Exchange believes that this requirement, which is also similar to requirements of other exchanges,7 would be a fair and objective way to apply the aggregation rule to fees and streamline the billing process.

    6See NASDAQ Rule 7027(a)(2).

    7See supra note 4.

    The Exchange further proposes to provide that for purposes of applying any provision of the Price List where the charge assessed, or credit provided, by the Exchange depends upon the volume of a member organization's activity, references to an entity would be deemed to include the entity and its affiliates that have been approved for aggregation.8 The Exchange notes that its designated market makers (“DMM”) are subject to specified pricing on the Price List. For purposes of the Price List, a DMM may not aggregate its volume either with other units within the same member organization or affiliates of the member organization operating the DMM unit. In addition, the Exchange proposes to provide that member organizations may not aggregate volume where the Price List specifies that aggregation is not permitted.9

    8See supra note 5.

    9 For example, the Price List specifies whether quoting and trading activity relating to Supplemental Liquidity Provider activity may be aggregated.

    Finally, the Exchange proposes that for purposes of the Price List, the term “affiliate” would mean any member organization under 75% common ownership or control of that member organization.10

    10See NASDAQ Rule 7027(c).

    2. Statutory Basis

    The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,11 in general, and furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act,12 in particular, because it provides for the equitable allocation of reasonable dues, fees, and other charges among member organizations and issuers and other persons using any facility or system with [sic] the Exchange operates or controls and because it is designed to prevent fraudulent and manipulative acts and practices, promote just and equitable principles of trade, remove impediments to and perfect the mechanism of a free and open market and a national market system, and protect investors and the public interest.

    11 15 U.S.C. 78f(b).

    12 15 U.S.C. 78f(b)(4) and (5).

    The Exchange further believes that the proposed rule change is reasonable because it establishes a manner for the Exchange to treat affiliated member organizations for purposes of assessing charges or credits that are based on volume. The provision is equitable because all member organizations seeking to aggregate their activity are subject to the same parameters, in accordance with a standard that recognizes an affiliation as of the month's beginning or close in time to when the affiliation occurs, provided the member organization submits a timely request. Moreover, the proposed billing aggregation language, which would lower the Exchange's administrative burden, is substantially similar to aggregation language adopted by other exchanges.13

    13See supra note 4.

    The Exchange further notes that the proposal would serve to reduce disparity of treatment between member organizations with regard to the pricing of different services and reduce any potential for confusion on how activity can be aggregated. The Exchange believes that the proposed rule change avoids disparate treatment of member organizations that have divided their various business activities between separate corporate entities as compared to member organizations that operate those business activities within a single corporate entity. The Exchange further notes that the proposed rule change is reasonable and is designed to remove impediments to and perfect the mechanism of a free and open market by harmonizing the manner by which the Exchanges permits member organizations to aggregate volume with other exchanges. In particular, the Exchange notes that NASDAQ, PHLX and BX all have the same standard that the Exchange is proposing to adopt.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,14 the Exchange does not believe that the proposed rule change will impose any burden on intermarket or intramarket competition that is not necessary or appropriate in furtherance of the purposes of the Act. As stated above, the proposed rule change, which applies equally to all member organizations, is intended to reduce the Exchange's administrative burden in applying volume price discounts for firms which have requested aggregation with that of an affiliate member organization, and is substantially similar to rules adopted by other exchanges. Because the market for order execution and routing is extremely competitive, member organizations may readily opt to disfavor the Exchange if they believe that alternatives offer them better value. The Exchange does not believe the proposed changes will impair the ability of member organizations or competing order execution venues to maintain their competitive standing in the financial markets.

    14 15 U.S.C. 78f(b)(8).

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the proposed rule change.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    Because the foregoing rule does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, provided that the self-regulatory organization has given the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change or such shorter time as designated by the Commission,15 the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 16 and Rule 19b-4(f)(6) thereunder.17

    15 The Exchange has fulfilled this requirement.

    16 15 U.S.C. 78s(b)(3)(A).

    17 17 CFR 240.19b-4(f)(6).

    At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-NYSE-2015-13 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-NYSE-2015-13. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing will also be available for inspection and copying at the NYSE's principal office and on its Internet Web site at www.nyse.com. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2015-13 and should be submitted on or before April 29, 2015.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.18

    18 17 CFR 200.30-3(a)(12).

    Brent J. Fields, Secretary.
    [FR Doc. 2015-07968 Filed 4-7-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-74631; File No. SR-PHLX-2015-31] Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Move the Rule Text of Current Rule 1070, Customer Complaints, Into Rule 1028, Confirmations, To Accommodate an Upcoming Rulebook Reorganization April 2, 2015.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 , and Rule 19b-4 thereunder,2 notice is hereby given that on March 24, 2015, NASDAQ OMX PHLX LLC (“Phlx” or “Exchange”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I, II, and III, below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change

    The Exchange proposes to move the rule text of current Rule 1070, Customer Complaints, into Rule 1028, Confirmations, to accommodate an upcoming rulebook reorganization. No substantive changes are proposed for Rule 1070 or Rule 1028.

    The text of the proposed rule change is below; proposed new language is italicized; proposed deletions are in brackets.

    Rule 1028. Confirmations and Complaints

    (a) Every member and member organization shall promptly furnish to each customer a written confirmation of each transaction in option contracts for such customer's account. Each such confirmation shall show the type of option, the underlying stock, Exchange-Traded Fund Share or foreign currency, as the case may be, the expiration month, the exercise price, the number of option contracts, the premium, commissions, the transaction and settlement dates, whether the transaction was a purchase or a sale (writing) transaction, whether the transaction was an opening or a closing transaction, and whether the transaction was effected on a principal or agency basis. The confirmation shall by appropriate symbols distinguish between Exchange options transactions and other transactions in option contracts though such confirmation does not need to specify the exchange or exchanges on which such option contracts were executed.

    (b) Every member organization conducting a customer business shall maintain and keep current a separate central log, index or other file for all options-related complaints, through which these complaints can easily be identified and retrieved. The central file shall be located at the principal place of business of the member organization or such other principal office as shall be designated by the member organization. At a minimum, the central file shall include: (i) Identification of complaint; (ii) date complaint was received; (iii) identification of Registered Representative servicing the account; (iv) a general description of the matter complained of, and (v) a record of what action, if any, has been taken by the member organization with respect to the complaint. The term “options-related complaint” shall mean any written statement by a customer or person acting on behalf of a customer alleging a grievance arising out of or in connection with listed options. Each options-related complaint received by a branch office of a member organization shall be forwarded to the office in which the separate, central file is located no later than 30 days after receipt by the branch office. A copy of every options-related complaint shall be maintained at the branch office that is the subject of the complaint.

    (1) The provisions of this Rule shall be applicable to index warrants.

    Rule 1070. [Customer Complaints] Reserved.

    [Every member organization conducting a customer business shall maintain and keep current a separate central log, index or other file for all options-related complaints, through which these complaints can easily be identified and retrieved. The central file shall be located at the principal place of business of the member organization or such other principal office as shall be designated by the member organization. At a minimum, the central file shall include: (i) Identification of complaint; (ii) date complaint was received; (iii) identification of Registered Representative servicing the account; (iv) a general description of the matter complained of, and (v) a record of what action, if any, has been taken by the member organization with respect to the complaint. The term “options-related complaint” shall mean any written statement by a customer or person acting on behalf of a customer alleging a grievance arising out of or in connection with listed options. Each options-related complaint received by a branch office of a member organization shall be forwarded to the office in which the separate, central file is located no later than 30 days after receipt by the branch office. A copy of every options-related complaint shall be maintained at the branch office that is the subject of the complaint.

    (a) the provisions of this Rule shall be applicable to index warrants.]

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The purpose of this filing is to reorganize the rulebook, moving text from Rule 1070 to Rule 1028, so that the Rule 1070 rule number will be available for subsequent rulebook organizational changes. This proposed rule change is purely administrative. No substantive changes are proposed.

    The text of current Rule 1070 will be moved to a new section (b) of Rule 1028. Existing Rule 1028 text will be preserved as new Rule 1028, section (a). The text imported from current Rule 1070 will be set forth in Rule 1028(b). The title of current Rule 1028 will be changed to read “Confirmations and Complaints” and Rule 1070 will be shown as “[Reserved]”.3

    3 The Exchange is redesignating the sentence currently found in Rule 1070(a) as Rule 1028(b)(1).

    2. Statutory Basis

    Phlx believes that the proposed rule change is consistent with the provisions of Section 6 of the Act,4 in general, and with Section 6(b)(5) of the Act 5 in particular, in that the proposal is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest.

    4 15 U.S.C. 78f.

    5 15 U.S.C. 78f(b)(5).

    The proposal is designed simply to rearrange rulebook language in order to lay the groundwork for subsequent, more comprehensive organizational changes. No substantive changes are proposed to be made at this time.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. The Exchange's proposal to renumber the rule will simply help to streamline the rulebook by accommodating a larger reorganization and will therefore result in administrative efficiencies for the Exchange. No substantive changes are being proposed.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A)(ii) [sic] of the Act 6 and subparagraph (f)(6) of Rule 19b-4 thereunder.7

    6 15 U.S.C. 78s(b)(3)(a)(ii). [sic]

    7 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement.

    At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is: (i) Necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-PHLX-2015-31 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-PHLX-2015-31. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal offices of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-PHLX-2015-31, and should be submitted on or before April 29, 2015.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.8

    8 17 CFR 200.30-3(a)(12).

    Brent J. Fields, Secretary.
    [FR Doc. 2015-07959 Filed 4-7-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 31545; 812-14423] Amplify Investments LLC and Amplify ETF Trust; Notice of Application April 1, 2015. AGENCY:

    Securities and Exchange Commission (“Commission”).

    ACTION:

    Notice of an application for an order under section 6(c) of the Investment Company Act of 1940 (“Act”) for an exemption from sections 2(a)(32), 5(a)(1), 22(d) and 22(e) of the Act and rule 22c-1 under the Act, under sections 6(c) and 17(b) of the Act for an exemption from sections 17(a)(1) and (a)(2) of the Act.

    Applicants: Amplify Investments LLC (“Amplify Investments”) and Amplify ETF Trust (the “Trust”).

    SUMMARY:

    Summary of Application: Applicants request an order that permits: (a) Series of certain open-end management investment companies to issue shares (“Shares”) redeemable in large aggregations only (“Creation Units”); (b) secondary market transactions in Shares to occur at negotiated market prices; (c) certain series to pay redemption proceeds, under certain circumstances, more than seven days from the tender of Shares for redemption; and (d) certain affiliated persons of the series to deposit securities into, and receive securities from, the series in connection with the purchase and redemption of Creation Units.

    DATES:

    Filing Dates: The application was filed on February 20, 2015.

    Hearing or Notification of Hearing: An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on April 27, 2015, and should be accompanied by proof of service on applicants, in the form of an affidavit or, for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary.

    ADDRESSES:

    Brent J. Fields, Secretary, U.S. Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. Applicants, 3250 Lacey Road, Suite 130, Downers Grove, IL 60515.

    FOR FURTHER INFORMATION CONTACT:

    Kaitlin C. Bottock, Attorney Adviser, at (202) 551-8658, or Daniele Marchesani, Branch Chief, at (202) 551-6821 (Division of Investment Management, Chief Counsel's Office).

    SUPPLEMENTARY INFORMATION:

    The following is a summary of the application. The complete application may be obtained via the Commission's Web site by searching for the file number, or for an applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling (202) 551-8090.

    Applicants' Representations

    1. The Trust, a business trust organized under the laws of Massachusetts, intends to register with the Commission as an open-end management investment company. The applicants are requesting relief not only for the Trust and its initial series, Amplify Tactical Equity Fund (“Initial Fund”), but also with respect to future series of the Trust, and to any registered open-end management investment companies or series thereof that may be created in the future and that utilizes active management investment strategies (“Future Funds” and collectively with the Initial Fund, the “Funds”).1 Funds may invest in equity securities or fixed income securities traded in the U.S. or non-U.S. markets or a combination of equity and fixed income securities, including “to-be-announced transactions” (“TBA Transactions”) 2 and depositary receipts (“Depositary Receipts”).3 The securities, other assets, and other positions in which a Fund invests are its “Portfolio Positions.” 4 The Trust currently expects that the Initial Fund's investment objective will be to seek total return by investing, under normal market conditions, at least 80% of its net assets in a portfolio of affiliated and unaffiliated exchange-traded funds.

    1 All entities that currently intend to rely on the requested order are named as applicants and any Fund that currently intends to rely on the requested order is identified in the application. Any other entity that relies on the requested order in the future will comply with the terms and conditions of the application.

    2 A TBA Transaction is a method of trading mortgage-backed securities. In a TBA Transaction, the buyer and seller agree on general trade parameters such as agency, settlement date, par amount and price. The actual pools delivered generally are determined two days prior to the settlement date.

    3 Depositary Receipts include American Depositary Receipts (“ADRs”) and Global Depositary Receipts (“GDRs”). With respect to ADRs, the depositary is typically a U.S. financial institution and the underlying securities are issued by a foreign issuer. The ADR is registered under the Securities Act of 1933 (“Securities Act”) on Form F-6. ADR trades occur either on a national securities exchange as defined in Section 2(a)(26) of the Act (“Listing Exchange”) or off-exchange. Financial Industry Regulatory Authority Rule 6620 requires all off-exchange transactions in ADRs to be reported within 90 seconds and ADR trade reports to be disseminated on a real-time basis. With respect to GDRs, the depositary may be a foreign or a U.S. entity, and the underlying securities may have a foreign or a U.S. issuer. All GDRs are sponsored and trade on a foreign exchange. No affiliated persons of applicants, any Adviser (as defined below), Fund Sub-Adviser (as defined below), or Fund will serve as the depositary for any Depositary Receipts held by a Fund. A Fund will not invest in any Depositary Receipts that the Adviser (or, if applicable, the Fund Sub-Adviser) deems to be illiquid or for which pricing information is not readily available.

    4 If a Fund invests in derivatives: (a) The Fund's board of trustees periodically will review and approve (i) the Fund's use of derivatives and (ii) how the Fund's investment adviser assesses and manages risk with respect to the Fund's use of derivatives; and (b) the Fund's disclosure of its use of derivatives in its offering documents and periodic reports will be consistent with relevant Commission and staff guidance.

    2. Each Fund will (a) be advised by Amplify Investments or an entity controlling, controlled by or under common control with Amplify Investments (each such entity and any successor thereto, an “Adviser”) 5 and (b) comply with the terms and conditions stated in the application. Amplify Investments is a Delaware limited liability company and is registered as an investment adviser under section 203 of the Investment Advisers Act of 1940 (the “Advisers Act”). Any other Adviser to a Fund will be registered under the Advisers Act. The Adviser may retain sub-advisers (each, a “Fund Sub-Adviser”) in connection with the Funds; each Fund Sub-Adviser will be registered under the Advisers Act or not subject to such registration.

    5 For the purposes of the requested order, a “successor” is limited to an entity or entities that result from a reorganization into another jurisdiction or a change in the type of business organization.

    3. The Trust will enter into a distribution agreement with one or more distributors (“Distributor”). Each Distributor will be registered under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and will act as Distributor and principal underwriter of the Funds. No Distributor will be affiliated with the Listing Exchange. The Distributor of any Fund may be an “affiliated person” or an affiliated person of an affiliated person of the Fund's Adviser or Fund Sub-Adviser.

    4. Shares of each Fund will be purchased from the Trust only in large aggregations of a specified number referred to as “Creation Units.” Creation Units may be purchased through orders placed with the Distributor by or through an “Authorized Participant” which is either (a) a broker-dealer or other participant in the Continuous Net Settlement (“CNS”) System of the National Securities Clearing Corporation (“NSCC”), a clearing agency that is registered with the Commission, or (b) a participant (“DTC Participant”) in the Depository Trust Company (“DTC”), and which in either case has executed a participant agreement with the Distributor with respect to the creation and redemption of Creation Units. Purchases and redemptions of the Funds' Creation Units will be processed either through an enhanced clearing process available to DTC Participants that are also participants in the CNS system of the NSCC (the “NSCC Process”) or through a manual clearing process that is available to all DTC Participants (the “DTC Process”).

    5. In order to keep costs low and permit each Fund to be as fully invested as possible, Shares will be purchased and redeemed in Creation Units and generally on an in-kind basis. Accordingly, except where the purchase or redemption will include cash under the limited circumstances specified below, purchasers will be required to purchase Creation Units by making an in-kind deposit of specified instruments (“Deposit Instruments”), and shareholders redeeming their Shares will receive an in-kind transfer of specified instruments (“Redemption Instruments”).6 On any given Business Day,7 the names and quantities of the instruments that constitute the Deposit Instruments and the names and quantities of the instruments that constitute the Redemption Instruments will be identical, and these instruments may be referred to, in the case of either a purchase or redemption, as the “Creation Basket.” In addition, the Creation Basket will correspond pro rata to the positions in a Fund's portfolio (including cash positions),8 except: (a) In the case of bonds, for minor differences when it is impossible to break up bonds beyond certain minimum sizes needed for transfer and settlement; (b) for minor differences when rounding is necessary to eliminate fractional shares or lots that are not tradeable round lots; 9 or (c) TBA Transactions, short positions, and other positions that cannot be transferred in kind 10 will be excluded from the Creation Basket.11 If there is a difference between the net asset value (“NAV”) attributable to a Creation Unit and the aggregate market value of the Creation Basket exchanged for the Creation Unit, the party conveying instruments with the lower value will also pay to the other an amount in cash equal to that difference (the “Balancing Amount”).

    6 The Funds must comply with the federal securities laws in accepting Deposit Instruments and satisfying redemptions with Redemption Instruments, including that the Deposit Instruments and Redemption Instruments are sold in transactions that would be exempt from registration under the Securities Act. In accepting Deposit Instruments and satisfying redemptions with Redemption Instruments that are restricted securities eligible for resale pursuant to Rule 144A under the Securities Act, the Funds will comply with the conditions of Rule 144A.

    7 Each Fund will sell and redeem Creation Units on any day the Fund is open, including as required by section 22(e) of the Act (each, a “Business Day”).

    8 The portfolio used for this purpose will be the same portfolio used to calculate the Fund's NAV for that Business Day.

    9 A tradeable round lot for a security will be the standard unit of trading in that particular type of security in its primary market.

    10 This includes instruments that can be transferred in kind only with the consent of the original counterparty to the extent the Fund does not intend to seek such consents.

    11 Because these instruments will be excluded from the Creation Basket, their value will be reflected in the determination of the Balancing Amount (defined below).

    6. Purchases and redemptions of Creation Units may be made in whole or in part on a cash basis, rather than in kind, solely under the following circumstances: (a) To the extent there is a Balancing Amount, as described above; (b) if, on a given Business Day, a Fund announces before the open of trading that all purchases, all redemptions or all purchases and redemptions on that day will be made entirely in cash; (c) if, upon receiving a purchase or redemption order from an Authorized Participant, a Fund determines to require the purchase or redemption, as applicable, to be made entirely in cash; 12 (d) if, on a given Business Day, a Fund requires all Authorized Participants purchasing or redeeming Shares on that day to deposit or receive (as applicable) cash in lieu of some or all of the Deposit Instruments or Redemption Instruments, respectively, solely because: (i) Such instruments are not eligible for transfer through either the NSCC Process or DTC Process; or (ii) in the case of Funds holding non-U.S. investments (“Global Funds”), such instruments are not eligible for trading due to local trading restrictions, local restrictions on securities transfers or other similar circumstances; or (e) if a Fund permits an Authorized Participant to deposit or receive (as applicable) cash in lieu of some or all of the Deposit Instruments or Redemption Instruments, respectively, solely because: (i) Such instruments are, in the case of the purchase of a Creation Unit, not available in sufficient quantity; (ii) such instruments are not eligible for trading by an Authorized Participant or the investor on whose behalf the Authorized Participant is acting; or (iii) a holder of Shares of a Fund holding non-U.S. investments would be subject to unfavorable income tax treatment if the holder receives redemption proceeds in kind.13

    12 In determining whether a particular Fund will sell or redeem Creation Units entirely on a cash or in-kind basis (whether for a given day or a given order), the key consideration will be the benefit that would accrue to the Fund and its investors. For instance, in bond transactions, the Adviser may be able to obtain better execution than Share purchasers because of the Adviser's size, experience and potentially stronger relationships in the fixed income markets. Purchases of Creation Units either on an all cash basis or in kind are expected to be neutral to the Funds from a tax perspective. In contrast, cash redemptions typically require selling portfolio holdings, which may result in adverse tax consequences for the remaining Fund shareholders that would not occur with an in-kind redemption. As a result, tax considerations may warrant in-kind redemptions.

    13 A “custom order” is any purchase or redemption of Shares made in whole or in part on a cash basis in reliance on clause (e)(i) or (e)(ii).

    7. Each Business Day, before the open of trading on the Listing Exchange, each Fund will cause to be published through the NSCC the names and quantities of the instruments comprising the Creation Basket, as well as the estimated Balancing Amount (if any), for that day. The published Creation Basket will apply until a new Creation Basket is announced on the following Business Day, and there will be no intra-day changes to the Creation Basket except to correct errors in the published Creation Basket. The Listing Exchange or a major market data vendor will disseminate every 15 seconds throughout the trading day an amount representing the Fund's estimated NAV, which will be the value of the Fund's Portfolio Positions, on a per Share basis.

    8. An investor purchasing or redeeming a Creation Unit will be charged a fee (“Transaction Fee”) to protect continuing shareholders of the Funds from the dilutive costs associated with the purchase and redemption of Creation Units.14 The Distributor will deliver a confirmation and Fund prospectus (“Prospectus”) to the purchaser. In addition, the Distributor will maintain records of both the orders placed with it and the confirmations of acceptance furnished by it.

    14 Where a Fund permits an in-kind purchaser to deposit cash in lieu of depositing one or more Deposit Instruments, the purchaser may be assessed a higher Transaction Fee to offset the cost to the Fund of buying those particular Deposit Instruments. In all cases, such Transaction Fees will be limited in accordance with requirements of the Commission applicable to open-end management investment companies offering redeemable securities.

    9. Beneficial owners of Shares may sell their Shares in the secondary market. Shares will be listed on a Listing Exchange and traded in the secondary market in the same manner as other equity securities. Applicants state that one or more specialists or market makers will be assigned to the Shares. The price of Shares trading on the Listing Exchange will be based on a current bid/offer market. Transactions involving the sale of Shares on the Listing Exchange will be subject to customary brokerage commissions and charges.

    10. Applicants expect that purchasers of Creation Units will include arbitrageurs and that Listing Exchange specialists or market makers, acting in their unique role to provide a fair and orderly secondary market for Shares, also may purchase Creation Units for use in their own market making activities.15 Applicants expect that secondary market purchasers of Shares will include both institutional investors and retail investors.16 Applicants state that because the market price of Creation Units will be disciplined by arbitrage opportunities, investors should be able to sell Shares in the secondary market at prices that do not vary materially from their NAV.

    15 If Shares are listed on The NASDAQ Stock Market LLC (“Nasdaq”) or a similar electronic Stock Exchange (including NYSE Arca), one or more member firms of that Stock Exchange will act as Market Maker and maintain a market for Shares trading on that Stock Exchange. On Nasdaq, no particular Market Maker would be contractually obligated to make a market in Shares. However, the listing requirements on Nasdaq, for example, stipulate that at least two Market Makers must be registered in Shares to maintain a listing. In addition, on Nasdaq and NYSE Arca, registered Market Makers are required to make a continuous two-sided market or subject themselves to regulatory sanctions. No Market Maker will be an affiliated person, or an affiliated person of an affiliated person, of the Funds, except within the meaning of section 2(a)(3)(A) or (C) of the Act due solely to ownership of Shares as discussed below.

    16 Shares will be registered in book-entry form only. DTC or its nominee will be the record or registered owner of all outstanding Shares. DTC or DTC Participants will maintain records of beneficial ownership of Shares.

    11. Neither the Trust nor any Fund will be advertised or marketed as a conventional open-end investment company or mutual fund. Instead, each Fund will be marketed as an “actively-managed exchange-traded fund.” Any advertising material that describes the features of obtaining, buying or selling Creation Units, or buying or selling Shares on the Listing Exchange, or where there is reference to redeemability, will prominently disclose that Shares are not individually redeemable and that owners of Shares may acquire Shares from a Fund and tender those Shares for redemption to a Fund in Creation Units only.

    12. The Funds' Web site, which will be publicly available prior to the public offering of Shares, will include, or will include links to, each Fund's current Prospectus and Summary Prospectus (if any), which may be downloaded. That Web site, which will be publicly available at no charge, will also contain, on a per Share basis for each Fund, the prior Business Day's NAV and the market closing price or the mid-point of the bid/ask spread at the time of calculation of such NAV (the “Bid/Ask Price”), and a calculation of the premium or discount of the market closing price or Bid/Ask Price against such NAV. On each Business Day, before commencement of trading in Shares on the Listing Exchange, each Fund will also disclose on its Web site the identities and quantities of its Portfolio Positions held by the Fund that will form the basis for the Fund's calculation of NAV at the end of the Business Day.17

    17 Under accounting procedures followed by the Funds, trades made on the prior Business Day (“T”) will be booked and reflected in NAV on the current Business Day (“T+1”). Accordingly, the Funds will be able to disclose at the beginning of the Business Day the portfolio that will form the basis for the NAV calculation at the end of the Business Day.

    Applicants' Legal Analysis

    1. Applicants request an order under section 6(c) of the Act for an exemption from sections 2(a)(32), 5(a)(1), 22(d) and 22(e) of the Act and rule 22c-1 under the Act, and under sections 6(c) and 17(b) of the Act for an exemption from sections 17(a)(1) and (a)(2) of the Act.

    2. Section 6(c) of the Act provides that the Commission may exempt any person, security or transaction, or any class of persons, securities or transactions, from any provision of the Act, if and to the extent that such exemption is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policy and provisions of the Act. Section 17(b) of the Act authorizes the Commission to exempt a proposed transaction from section 17(a) of the Act if evidence establishes that the terms of the proposed transaction, including the consideration to be paid or received, are reasonable and fair and do not involve overreaching on the part of any person concerned, and the proposed transaction is consistent with the policies of the registered investment company and the general provisions of the Act.

    Sections 5(a)(1) and 2(a)(32) of the Act

    3. Section 5(a)(1) of the Act defines an “open-end company” as a management investment company that is offering for sale or has outstanding any redeemable security of which it is the issuer. Section 2(a)(32) of the Act defines a redeemable security as any security, other than short-term paper, under the terms of which the holder, upon its presentation to the issuer, is entitled to receive approximately a proportionate share of the issuer's current net assets, or the cash equivalent. Applicants request an order to permit the Trust to register as an open-end management investment company and redeem Shares in Creation Units only. Applicants state that each investor is entitled to purchase or redeem Creation Units rather than trade the individual Shares in the secondary market. Applicants further state that because of the arbitrage possibilities created by the redeemability of Creation Units, it is expected that the market price of an individual Share will not vary materially from its NAV.

    Section 22(d) of the Act and Rule 22c-1 Under the Act

    4. Section 22(d) of the Act, among other things, prohibits a dealer from selling a redeemable security, which is currently being offered to the public by or through a principal underwriter, except at a current public offering price described in the prospectus. Rule 22c-1 under the Act generally requires that a dealer selling, redeeming, or repurchasing a redeemable security do so only at a price based on its NAV. Applicants state that secondary market trading in Shares will take place at negotiated prices, rather than at the current offering price described in the Fund's Prospectus. Thus, purchases and sales of Shares in the secondary market will not comply with section 22(d) of the Act and rule 22c-1 under the Act. Applicants request an exemption under section 6(c) from these provisions.

    5. Applicants assert that the concerns sought to be addressed by section 22(d) of the Act and rule 22c-1 under the Act with respect to pricing are equally satisfied by the proposed method of pricing Shares. Applicants maintain that while there is little legislative history regarding section 22(d), its provisions, as well as those of rule 22c-1, appear to have been intended (a) to prevent dilution caused by certain riskless-trading schemes by principal underwriters and contract dealers, (b) to prevent unjust discrimination or preferential treatment among buyers, and (c) to ensure an orderly distribution of shares by eliminating price competition from brokers offering shares at less than the published sales price and repurchasing shares at more than the published redemption price.

    6. Applicants state that (a) secondary market transactions in Shares would not cause dilution for owners of such Shares because such transactions do not involve the Trust or Funds as parties, and (b) to the extent different prices exist during a given trading day, or from day to day, such variances occur as a result of third-party market forces, such as supply and demand. Therefore, applicants assert that secondary market transactions in Shares will not lead to discrimination or preferential treatment among purchasers. Finally, applicants contend that the proposed distribution system will be orderly because arbitrage activity will ensure that the difference between the market price of Shares and their NAV remains immaterial.

    Section 22(e)

    7. Section 22(e) of the Act generally prohibits a registered investment company from suspending the right of redemption or postponing the date of payment of redemption proceeds for more than seven days after the tender of a security for redemption. Applicants observe that the settlement of redemptions of Creation Units of Global Funds will be contingent not only on the settlement cycle of the U.S. securities markets but also on the delivery cycles in foreign markets in which those Funds invest. Applicants assert that, under certain circumstances, the delivery cycles for transferring Portfolio Positions to redeeming investors, coupled with local market holiday schedules, may require a delivery process of up to 15 calendar days. Applicants therefore request relief from section 22(e) in order for each Global Fund to provide payment or satisfaction of redemptions within the maximum number of calendar days required for such payment or satisfaction in the principal local market(s) where transactions in its Portfolio Positions customarily clear and settle, but in any event, within a period not to exceed fifteen calendar days.18

    18 Applicants acknowledge that no relief obtained from the requirements of section 22(e) will affect any obligations that they may otherwise have under rule 15c6-1 under the Exchange Act, which requires that most securities transactions be settled within three business days of the trade date.

    8. Applicants submit that Congress adopted section 22(e) to prevent unreasonable, undisclosed or unforeseen delays in the actual payment of redemption proceeds. Applicants state that allowing redemption payments for Creation Units of a Global Fund to be made within 15 calendar days would not be inconsistent with the spirit and intent of section 22(e).19 Applicants state that each Global Fund's statement of additional information (“SAI”) will disclose those local holidays (over the period of at least one year following the date of the SAI), if any, that are expected to prevent the delivery of redemption proceeds in seven calendar days and the maximum number of days, up to 15 calendar days, needed to deliver the proceeds for that Global Fund. Applicants are not seeking relief from section 22(e) with respect to Global Funds that do not effect redemptions of Creation Units in kind.

    19 Certain countries in which a Global Fund may invest have historically had settlement periods of up to 15 calendar days.

    Sections 17(a)(1) and (2) of the Act

    9. Section 17(a)(1) and (2) of the Act generally prohibit an affiliated person of a registered investment company, or an affiliated person of such a person (“second tier affiliate”), from selling any security to or purchasing any security from the company. Section 2(a)(3) of the Act defines “affiliated person” to include any person directly or indirectly owning, controlling, or holding with power to vote 5% or more of the outstanding voting securities of the other person and any person directly or indirectly controlling, controlled by, or under common control with, the other person. Section 2(a)(9) of the Act defines “control” of a fund as “the power to exercise a controlling influence over the management or policies” of the fund and provides that a control relationship will be presumed where one person owns more than 25% of another person's voting securities. The Funds may be deemed to be controlled by an Adviser and hence affiliated persons of each other. In addition, the Funds may be deemed to be under common control with any other registered investment company (or series thereof) advised by an Adviser (an “Affiliated Fund”).

    10. Applicants request an exemption from section 17(a) under sections 6(c) and 17(b) to permit in-kind purchases and redemptions of Creation Units from the Funds by persons that are affiliated persons or second tier affiliates of the Funds solely by virtue of one or more of the following: (a) Holding 5% or more, or more than 25%, of the outstanding Shares of one or more Funds; (b) an affiliation with a person with an ownership interest described in (a); or (c) holding 5% or more, or more than 25%, of the shares of one or more Affiliated Funds.

    11. Applicants assert that no useful purpose would be served by prohibiting the affiliated persons described above from making in-kind purchases or in-kind redemptions of Shares of a Fund in Creation Units. Both the deposit procedures for in-kind purchases of Creation Units and the redemption procedures for in-kind redemptions will be effected in exactly the same manner for all purchases and redemptions. The valuation of the Deposit Instruments and Redemption Instruments will be made in the same manner, and in the same manner as the Fund's Portfolio Positions, regardless of the identity of the purchaser or redeemer. Except with respect to cash determined in accordance with the procedures described in section I.G.1. of the application, Deposit Instruments and Redemption Instruments will be the same for all purchasers and redeemers. Therefore, applicants state that the in-kind purchases and redemptions will afford no opportunity for the specified affiliated persons of a Fund to effect a transaction detrimental to other holders of Shares of that Fund. Applicants do not believe that in-kind purchases and redemptions will result in abusive self-dealing or overreaching of the Fund.

    Applicant's Conditions

    Applicants agree that any order of the Commission granting the requested relief will be subject to the following conditions:

    1. As long as the Funds operate in reliance on the requested order, the Shares of the Funds will be listed on a Listing Exchange.

    2. Neither the Trust nor any Fund will be advertised or marketed as an open-end investment company or a mutual fund. Any advertising material that describes the purchase or sale of Creation Units or refers to redeemability will prominently disclose that the Shares are not individually redeemable and that owners of the Shares may acquire those Shares from the Fund and tender those Shares for redemption to the Fund in Creation Units only.

    3. The Web site for the Funds, which is and will be publicly accessible at no charge, will contain on a per Share basis, for each Fund, the prior Business Day's NAV and the market closing price or Bid/Ask Price, and a calculation of the premium or discount of the market closing price or Bid/Ask Price against such NAV.

    4. On each Business Day, before commencement of trading in Shares on the Listing Exchange, the Fund will disclose on its Web site the identities and quantities of the Portfolio Positions held by the Fund that will form the basis for the Fund's calculation of NAV at the end of the Business Day.

    5. The Adviser or any Fund Sub-Adviser, directly or indirectly, will not cause any Authorized Participant (or any investor on whose behalf an Authorized Participant may transact with the Fund) to acquire any Deposit Instrument for the Fund through a transaction in which the Fund could not engage directly.

    6. The requested relief to permit ETF operations will expire on the effective date of any Commission rule under the 1940 Act that provides relief permitting the operation of actively managed exchange-traded funds.

    For the Commission, by the Division of Investment Management, under delegated authority.

    Brent J. Fields, Secretary.
    [FR Doc. 2015-08022 Filed 4-7-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-74634; File No. SR-CME-2015-004] Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rulebook Provisions Establishing Decision-Making and Emergency Authority Over Clearing House Matters April 2, 2015.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act” or “Exchange Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on March 30, 2015, Chicago Mercantile Exchange Inc. (“CME”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II and III, below, which Items have been prepared primarily by CME. CME filed the proposal pursuant to Section 19(b)(3)(A)(ii) 3 of the Act, and Rule 19b-4(f)(4)(ii) 4 thereunder, so that the proposal was effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3 15 U.S.C. 78s(b)(3)(A)(ii).

    4 17 CFR 240.19b-4(f)(4)(ii).

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    CME is filing a proposed rule change that is limited to its business as a derivatives clearing organization. More specifically, the proposed rule change would make amendments to rulebook provisions establishing decision-making and emergency authority over clearing house matters.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, CME included statements concerning the purpose and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. CME has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    CME is registered as a derivatives clearing organization with the Commodity Futures Trading Commission (“CFTC”) and currently offers clearing services for many different futures and swaps products. With this filing, CME proposes to make rulebook changes that are limited to its business clearing futures and swaps under the exclusive jurisdiction of the CFTC. More specifically, the proposed rule change would make amendments to rulebook provisions establishing decision-making and emergency authority over clearing house matters.

    The proposed rule change relates to recent management structure and reporting line changes at CME. Current CME rules do not include any reference to or establishment of authority in the newly created role of President of Global Operations, Technology & Risk (“President GOTR”). The proposed rule change referenced in this submission is designed to ensure the President GOTR is authorized to undertake certain actions related to clearing house operations and emergency financial conditions. In light of the Chief Operating Officer`s (“COO”) newly established reporting line to the President GOTR, authority regarding certain clearing house matters and emergency financial conditions will be conferred from the COO to the President GOTR with these changes. The proposed rule revisions are designed to clearly specify the roles and responsibilities of management during extraordinary circumstances that impact the clearing house.

    The proposed rule change adds references to or establishes authority for the President GOTR in the following CME rules: Rule 257 (Exchange Physical Emergencies); Rule 403 (Clearing House Risk Committee); Rule 701 (Declarations of Force Majeure); Rule 744 (Failsafe Currency Availability Procedures for Physical Delivery); Rule 812 (Final Settlement Price); Rule 824 (Additional Performance Bond); Rule 8G25 (IRS Default Management Committee); Rule 8G824 (Additional IRS Performance Bond); Rule 8G975 (IRS Emergency Financial Conditions); Rule 8H26 (CDS Default Management Committee); Rule 8H27 (CDS Risk Committee); Rule 8H824 (Additional CDS Performance Bond); Rule 8H975 (CDS Emergency Financial Conditions); Rule 974 (Suspension of Member Firm Privileges); Rule 975 (Emergency Financial Conditions); Rule 976 (Suspension of Clearing Members); Rule 978 (Open Trades of Suspended Clearing Members); and Rule 979 (Suspended or Expelled Clearing Members).

    The proposed rule change that is described in this filing is limited to its business as a derivatives clearing organization clearing products under the exclusive jurisdiction of the CFTC. CME has not cleared security based swaps and does not plan to and therefore the proposed rule change does not impact CME's security-based swap clearing business in any way. The proposed rule change would become effective immediately. CME notes that it has also submitted the proposed rule change that is the subject of this filing to its primary regulator, the CFTC, in CME Submission 15-047.

    CME believes the proposed rule change is consistent with the requirements of the Exchange Act including Section 17A of the Exchange Act.5 The proposed rule revisions are designed to clearly specify the roles and responsibilities of management during extraordinary circumstances that impact the clearing house. The changes would help ensure that all appropriate officers of CME have the ability to exercise decision-making and emergency authority in relation to matters impacting the clearing house, thereby enhancing the overall safety of the clearing house and the efficiency with which such actions may be taken. As such, the proposed rule change should be seen to be designed to promote the prompt and accurate clearance and settlement of securities transactions and, to the extent applicable, derivatives agreements, contracts, and transactions, to assure the safeguarding of securities and funds which are in the custody or control of the clearing agency or for which it is responsible, and, in general, to protect investors and the public interest consistent with Section 17A(b)(3)(F) of the Exchange Act.6

    5 15 U.S.C. 78q-1.

    6 15 U.S.C. 78q-1(b)(3)(F).

    Furthermore, the proposed rule change is limited to CME's futures and swaps clearing businesses, which mean they are limited in their effect to products that are under the exclusive jurisdiction of the CFTC. As such, the changes are limited to CME's activities as a DCO clearing futures that are not security futures and swaps that are not security-based swaps. CME notes that the policies of the CFTC with respect to administering the Commodity Exchange Act are comparable to a number of the policies underlying the Exchange Act, such as promoting market transparency for over-the-counter derivatives markets, promoting the prompt and accurate clearance of transactions and protecting investors and the public interest.

    Because the proposed rule change is limited in its effect to CME's futures and swaps clearing businesses, the changes are properly classified as effecting a change in an existing service of CME that:

    (a) Primarily affects the clearing operations of CME with respect to products that are not securities, including futures that are not security futures, swaps that are not security-based swaps or mixed swaps; and forwards that are not security forwards; and

    (b) does not significantly affect any securities clearing operations of CME or any rights or obligations of CME with respect to securities clearing or persons using such securities-clearing service.

    As such, the changes are therefore consistent with the requirements of Section 17A of the Exchange Act 7 and are properly filed under Section 19(b)(3)(A) 8 and Rule 19b-4(f)(4)(ii) 9 thereunder.

    7 15 U.S.C. 78q-1.

    8 15 U.S.C. 78s(b)(3)(A).

    9 17 CFR 240.19b-4(f)(4)(ii).

    B. Self-Regulatory Organization's Statement on Burden on Competition

    CME does not believe that the proposed rule change will have any impact, or impose any burden, on competition. The proposed rule revisions simply specify the roles and responsibilities of management during extraordinary circumstances that impact the clearing house. Further, the changes are limited to CME's futures and swaps clearing businesses and, as such, do not affect the security-based swap clearing activities of CME in any way and therefore do not impose any burden on competition that is inappropriate in furtherance of the purposes of the Act.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    CME has not solicited, and does not intend to solicit, comments regarding this proposed rule change. CME has not received any unsolicited written comments from interested parties.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The foregoing rule change has become effective upon filing pursuant to Section 19(b)(3)(A) 10 of the Act and Rule 19b-4(f)(4)(ii) 11 thereunder. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act.

    10 15 U.S.C. 78s(b)(3)(A).

    11 17 CFR 240.19b-4(f)(4)(ii).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml), or

    • Send an email to [email protected] Please include File No. SR-CME-2015-004 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC, 20549-1090.

    All submissions should refer to File Number SR-CME-2015-004. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of CME and on CME's Web site at http://www.cmegroup.com/market-regulation/rule-filings.html.

    All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly.

    All submissions should refer to File Number SR-CME-2015-004 and should be submitted on or before April 29, 2015.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.12

    12 17 CFR 200.30-3(a)(12).

    Brent J. Fields, Secretary.
    [FR Doc. 2015-07962 Filed 4-7-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 31543; 812-14354] Trust for Professional Managers and William Blair & Company, L.L.C.; Notice of Application April 1, 2015. AGENCY:

    Securities and Exchange Commission (“Commission”).

    ACTION:

    Notice of an application under section 6(c) of the Investment Company Act of 1940 (“Act”) for an exemption from rule 12d1-2(a) under the Act.

    SUMMARY:

    Summary of Application: Applicants request an order to permit open-end management investment companies relying on rule 12d1-2 under the Act to invest in certain financial instruments.

    Applicants: Trust for Professional Managers (the “Trust”) and William Blair & Company, L.L.C. (“William Blair”).

    DATES:

    Filing Date: The application was filed on August 29, 2014, and amended on March 24, 2015.

    Hearing or Notification of Hearing: An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on April 27, 2015, and should be accompanied by proof of service on applicants, in the form of an affidavit or, for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary.

    ADDRESSES:

    Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090; Applicants: Trust for Professional Managers, 615 East Michigan Street, Milwaukee, WI 53202; and William Blair & Company, L.L.C., 222 West Adams Street, Chicago, Illinois 60606.

    FOR FURTHER INFORMATION CONTACT:

    Steven I. Amchan, Senior Counsel, at (202) 551-6826, or Dalia Osman Blass, Assistant Chief Counsel, at (202) 551-6821 (Division of Investment Management, Chief Counsel's Office).

    SUPPLEMENTARY INFORMATION:

    The following is a summary of the application. The complete application may be obtained via the Commission's Web site by searching for the file number, or for an applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling (202) 551-8090.

    Applicants' Representations

    1. The Trust was organized as a Delaware statutory trust on May 29, 2001 and is registered under the Act as an open-end management investment company. William Blair, a Delaware limited liability company, is registered as an investment adviser under the Investment Advisers Act of 1940 (“Advisers Act”). Of the funds in the Trust, William Blair currently serves as investment adviser only to the William Blair Directional Multialternative Fund. William Blair also serves as the Funds' (as defined below) principal underwriter and distributor.

    2. Applicants request the exemption to the extent necessary to permit any existing or future series of the Trust and any other registered open-end management investment company or series thereof that (a) is advised by William Blair or any person controlling, controlled by or under common control with William Blair (any such adviser or William Blair, an “Adviser”); (b) is in the same group of investment companies as defined in section 12(d)(1)(G) of the Act; (c) operates as a “fund of funds” and invests in other registered open-end management investment companies (“Underlying Funds”) in reliance on section 12(d)(1)(G) of the Act; and (d) is also eligible to invest in securities (as defined in section 2(a)(36) of the Act) in reliance on rule 12d1-2 under the Act (the “Funds”), to also invest, to the extent consistent with its investment objectives, policies, strategies and limitations, in financial instruments that may not be securities within the meaning of section 2(a)(36) of the Act (“Other Investments”).1 Applicants also request that the order exempt any entity, including any entity controlled by or under common control with an Adviser, that now or in the future acts as principal underwriter, or broker or dealer (if registered under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)), with respect to the transactions described herein.

    1 All entities that currently intend to rely on the requested order are named as applicants. Any other entity that relies on the order in the future will comply with the terms and condition of the application.

    3. Consistent with its fiduciary obligations under the Act, each Fund's board of trustees will review the advisory fees charged by the Fund's Adviser to ensure that the fees are based on services provided that are in addition to, rather than duplicative of, services provided pursuant to the advisory agreement of any investment company in which the Fund may invest.

    Applicants' Legal Analysis

    1. Section 12(d)(1)(A) of the Act provides that no registered investment company (“acquiring company”) may acquire securities of another investment company (“acquired company”) if such securities represent more than 3% of the acquired company's outstanding voting stock or more than 5% of the acquiring company's total assets, or if such securities, together with the securities of other investment companies, represent more than 10% of the acquiring company's total assets. Section 12(d)(1)(B) of the Act provides that no registered open-end investment company may sell its securities to another investment company if the sale will cause the acquiring company to own more than 3% of the acquired company's voting stock, or cause more than 10% of the acquired company's voting stock to be owned by investment companies and companies controlled by them.

    2. Section 12(d)(1)(G) of the Act provides, in part, that section 12(d)(1) will not apply to securities of an acquired company purchased by an acquiring company if: (i) The acquired company and acquiring company are part of the same group of investment companies; (ii) the acquiring company holds only securities of acquired companies that are part of the same group of investment companies, government securities, and short-term paper; (iii) the aggregate sales loads and distribution-related fees of the acquiring company and the acquired company are not excessive under rules adopted pursuant to section 22(b) or section 22(c) of the Act by a securities association registered under section 15A of the Exchange Act or by the Commission; and (iv) the acquired company has a policy that prohibits it from acquiring securities of registered open-end investment companies or registered unit investment trusts in reliance on section 12(d)(1)(F) or (G) of the Act.

    3. Rule 12d1-2 under the Act permits a registered open-end investment company or a registered unit investment trust that relies on section 12(d)(1)(G) of the Act to acquire, in addition to securities issued by another registered investment company in the same group of investment companies, government securities, and short-term paper: (i) Securities issued by an investment company that is not in the same group of investment companies, when the acquisition is in reliance on section 12(d)(1)(A) or 12(d)(1)(F) of the Act; (ii) securities (other than securities issued by an investment company); and (iii) securities issued by a money market fund, when the investment is in reliance on rule 12d1-1 under the Act. For the purposes of rule 12d1-2, “securities” means any security as defined in section 2(a)(36) of the Act.

    4. Section 6(c) of the Act provides that the Commission may exempt any person, security, or transaction from any provision of the Act, or from any rule under the Act, if such exemption is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policies and provisions of the Act. Applicants submit that their request for relief meets this standard.

    5. Applicants request an order under section 6(c) of the Act for an exemption from rule 12d1-2(a) to allow the Funds to invest in Other Investments while investing in Underlying Funds. Applicants state that the Funds will comply with rule 12d1-2 under the Act, but for the fact that the Funds may invest a portion of their assets in Other Investments. Applicants assert that permitting the Funds to invest in Other Investments as described in the application would not raise any of the concerns that the requirements of section 12(d)(1) were designed to address.

    Applicants' Condition

    Applicants agree that any order granting the requested relief will be subject to the following condition:

    Applicants will comply with all provisions of rule 12d1-2 under the Act, except for paragraph (a)(2) to the extent that it restricts any Fund from investing in Other Investments as described in the application.

    For the Commission, by the Division of Investment Management, under delegated authority.

    Brent J. Fields, Secretary.
    [FR Doc. 2015-07970 Filed 4-7-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-74636; File No. SR-NYSEMKT-2015-17] Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing of Proposed Rule Change Amending Rule 923NY To Refine the Appointment Process Utilized by the Exchange April 2, 2015.

    Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the “Act”) 2 and Rule 19b-4 thereunder,3 notice is hereby given that, on March 20, 2015, NYSE MKT LLC (the “Exchange” or “NYSE MKT”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 15 U.S.C. 78a.

    3 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change

    The Exchange proposes to amend Rule 923NY (Appointment of Market Makers) to refine the appointment process utilized by the Exchange. The text of the proposed rule change is available on the Exchange's Web site at www.nyse.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to amend Rule 923NY to refine the appointment process utilized by the Exchange. The Exchange believes this proposal, which is consistent with the rules of other option exchanges,4 would simplify and enhance the efficiency of the appointment process for both Market Makers and the Exchange and add clarity to Exchange rules.

    4See, e.g., BATS Exchange, Inc. (“BATS”) Rules 22.3(a),(b) (Market Maker Registration); NASDAQ OMX PHLX (“PHLX) Rule 3212(b) (Registration as a Market Maker); NASDAQ Options Market (“NOM”), Chapter VII (Market Participants), Section 3(a),(b) (Continuing Market Maker Registration).

    Current Appointment Process

    To register as a Market Maker, an applicant must file an application with the Exchange on a form or forms prescribed by the Exchange.5 Once registered, a Market Maker may seek an appointment in one or more option classes pursuant to Rule 923NY. Specifically, this Rule provides that “[o]n a form or forms prescribed by the Exchange, a Market Maker must apply for an appointment in one or more classes of option contracts.” 6

    5See Rule 921NY(Registration of Market Makers). See also Rule 920NY(a) (Market Maker Defined) (“A Market Maker is an ATP Holder that is registered with the Exchange for the purpose of submitting quotes electronically and making transactions as a dealer-specialist verbally on the Trading Floor or through the System from on the Trading Floor or remotely from off the Trading Floor, in accordance with the Rules of the Exchange. A Market Maker submitting quotes remotely is not eligible to participate in trades affected in open outcry except to the extent that such Market Maker's quotation represents the BBO. Market Makers are designated as specialists on the Exchange for all purposes under the Securities Exchange Act of 1934 and the Rules and Regulations thereunder. A Market Maker on the Exchange will be either a Remote Market Maker, a Floor Market Maker, a Specialist or an e-Specialist. Unless specified, or unless the context requires otherwise, the term Market Maker refers to Remote Market Makers, Floor Market Makers, Specialists and e-Specialists.”).

    6See Rule 923NY(a).

    In addition to having the authority to appoint one Specialist per option class and to designate e-Specialists to fulfill certain obligations required of Specialists,7 “[t]he Exchange may appoint an unlimited number of Market Makers in each class unless the number of Market Makers appointed to a particular option class should be limited” based on the Exchange's judgment.8 Further, the Rule provides that “Market Makers may select from among any option issues traded on the Exchange for inclusion in their appointment, subject to the approval of the Exchange. In considering the approval of the appointment of a Market Maker in each security,” the Exchange will consider the Market Maker's preference; the financial resources available to the Market Maker; the Market Maker's experience, expertise and past performance in making markets, including the Market Maker's performance in other securities; the Market Maker's operational capability; and the maintenance and enhancement of competition among Market Makers in each security in which they are appointed.9 The Rule also states that, in order to have a trading appointment on the Exchange, Market Makers must have the number of Amex Trading Permits (“ATPs”) required under the Amex Options Fee Schedule.10 In addition, Floor Market Makers 11 must also apply for appointment to a Trading Zone 12 on the floor, subject to approval by the Exchange.13

    7 A Specialist is “an individual or entity that has been deemed qualified by the Exchange for the purpose of making transactions on the Exchange in accordance with the provisions of Rule 920NY [Market Makers], and who meets the qualification requirements of Rule 927NY(b) [Specialists]. Each Specialist must be registered with the Exchange as a Market Maker. Any ATP Holder registered as a Market Maker with the Exchange is eligible to be qualified as a Specialist. See Rule 900.2(76). Rule 923NY(b) also provides that “[t]he Exchange may designate e-Specialists in an option class in accordance with Rule 927.4NY[e-Specialists].” Id. The Exchange is not proposing to change Rule 923NY(b) regarding Specialists and e-Specialists.

    8See Rule 923NY(b).

    9See Rule 923NY(c).

    10See Rule 923NY(d)(1). See also NYSE Amex Options Fee Schedule (Section III.A., Monthly ATP Fees) (describing “Number Of Issues Permitted In A Market Makers Quoting Assignment” based on the number of permits held and the associated costs), available here, https://www.nyse.com/publicdocs/nyse/markets/amex-options/NYSE_Amex_Options_Fee_Schedule.pdf.

    11 A Floor Market Maker is “a registered Market Maker who makes transactions as a dealer-specialist while on the Floor of the Exchange and provides quotations: (A) Manually, by public outcry, and (B) electronically through an auto-quoting device.” See Rule 900.2NY(29).

    12 A Trading Zone refers to the areas on the Floor designated by the Exchange in which issues are assigned for the purposes of open outcry trading. See Rule 900.2NY(29).

    13See Rule 923NY(d)(1) (also providing that Specialists shall be appointed to the Trading Zone designated for their issues).

    Under the current Rule, “Market Makers may change the option issues in their appointment, subject to the approval of the Exchange” provided requests for changes are “made in a form and manner prescribed by the Exchange.” 14 In addition, “Market Makers may withdraw from trading an option issue that is within their appointment by providing the Exchange with three business days' written notice of such withdrawal.” 15 If Market Makers fail to provide this notice, they “may be subject to formal disciplinary action pursuant to Section 9A of the Office Rules.” 16 Moreover, the Exchange “may suspend or terminate any appointment of a Market Maker in one or more option issues under this Rule whenever, in the Exchanges' judgment, the interests of a fair and orderly market are best served by such action” 17 A Market Maker may seek review of any action taken by the Exchange.18

    14See Rule 923NY(e). In considering the change request, the Exchange will consider the factors set forth in Rule 923NY(c).

    15See Rule 923NY(f).

    16Id. Section 9A of the Office Rules sets forth the procedures for Exchange disciplinary proceedings, including the due process for the formal hearing process and the requirement that any decision by the Exchange must include a statement of findings and conclusions, with the reasons therefore upon all material issues presented in the record. Further, where a penalty is imposed, the Exchange's decision must include a statement specifying the acts or practices in which the Respondent has been found to have engaged, or which the Respondent has been found to have omitted.

    17See Rule 923NY(g). The Exchange, however, proposes to correct the possessive form of “Exchange” (from “Exchanges' judgment” to “Exchange's judgment”) in this paragraph to correct a typo in the existing rule text, which adds clarity to Exchange rules. See proposed Rule 923NY(g) (“The Exchange may suspend or terminate any appointment of a Market Maker in one or more option issues under this Rule whenever, in the Exchange's judgment, the interests of a fair and orderly market are best served by such action.”).

    18See Rule 923NY(h). Per Rule 923NY(i), Market Makers are also subject to a trading requirement, such that “[a]t least 75% of the trading activity of a Market Maker (measured in terms of contract volume per quarter) must be in classes within the Market Maker's appointment and, in the case of Floor Market Makers, within their designated Trading Zone” and a failure to comply with the 75% contract volume requirement may result in the imposition of a fine per Rule 476A or initiation of formal disciplinary action, pursuant to Section 9A (Disciplinary Rules). The Exchange is not proposing any changes to Rule 923NY(i).

    Finally, under the current Rule, the Exchange periodically conducts evaluations of Market Makers to determine whether they have fulfilled performance standards.19 If the Exchange finds that a Market Maker has not met the performance standards, the Exchange may take action, including suspending, terminating or restricting a Market Maker's appointment or registration, after providing the Market Maker an opportunity to be heard.20

    19See Rule 923NY(j).

    20See Rule 923NY(j)(1). See also Rule 923NY(j)(2) (“If a Market Maker's appointment in an option issue or issues has been terminated pursuant to this subsection (j), the Market Maker may not be re-appointed as a Market Maker in that option issue or issues for a period not to exceed 6 months.”).

    Proposed Appointment Process

    The Exchange proposes to modify Rule 923NY to refine the current appointment process. Presently, Market Makers must apply for an appointment in an options class, which, as discussed further below, is done by submitting an email to the Exchange. The Exchange proposes to modify Rule 923NY(a) to provide that, rather than apply for an appointment, “a Market Maker may register for an appointment in one or more classes of option contracts,” in a form and manner prescribed the Exchange.21 The Exchange would continue to have authority to appoint one Specialist per option class and to designate e-Specialists in options classes to fulfill certain obligations required of Specialists. Similarly, there would continue to be an unlimited number of Market Makers appointed to an options class, unless the Exchange restricted such appointments following Commission review and approval. The Exchange is proposing a change to the text in Rule 923NY(b) to reflect the proposed changes in Rule 923NY(a) to provide that “[a]n unlimited number of Market Makers may register in each class,” subject to any limits imposed by the Exchange.22

    21See proposed Rule 923NY(a) (“On a form or forms prescribed by the Exchange, a Market Maker may register for an appointment in one or more classes of option contracts, subject to paragraph (d) of this Rule.”). As discussed, paragraph (d) of the Rule provides that Market Makers must have the designated number of ATPs set forth in the Amex Options Fee Schedule in order to have a trading appointment on the Exchange.

    22See proposed Rule 923NY(b) (“The Exchange may appoint one Specialist per option class. The Exchange may designate e-Specialists in an option class in accordance with Rule 927.4NY. An unlimited number of Market Makers may register in each class unless the number of Market Makers appointed to a particular option class should be limited whenever, in the Exchange's judgment, quotation system capacity in an option class or classes is not sufficient to support additional Market Makers in such class or classes.”).

    In addition, to simplify a Market Maker's ability to select and make changes to its appointment, the Exchange proposes to modify Rule 923NY(c) to replace the existing rule text with text that provides that “[a] Market Maker may select or withdraw option issues included in their appointment by submitting a request via an Exchange-approved electronic interface with the Exchange on a day when the Exchange is open for business.” 23 The modified rule would also provide that an appointment would become effective by no later than the following business day, whereas a Market Maker's request to withdraw option issues from its appointment would not become effective until the following business day. 24 Thus, as proposed, a Market Maker could be appointed to an options issue on the same day it submits a request to the Exchange, depending on availability of Exchange resources to process the request that day, but such addition to its appointment would be effective no later than the following business day. A Market Maker, however, would not be able to withdraw an options issue from its appointment on the same day that it submits the request; instead, the Exchange will only process such requests on an overnight basis for effectiveness on the following business day. Before any additions to a Market Maker's appointment would become effective, the Exchange would be required to confirm “that the Market Maker's appointment will not exceed that permitted under paragraph (d) of this Rule” 25 and confirm receipt of the Market Maker's request.26 Confirmation of receipt is designed to ensure that the request was successfully transmitted to the Exchange (i.e., there was no system failure or human error on either side of the electronic transaction that prevented transmission and receipt of the Market Maker's request). Presently, Market Makers can select issues in their appointment or make changes thereto, pursuant to proposed Rule 923NY(c), by submitting an email [sic] the Exchange which is “the Exchange-approved electronic interface” at this time.27

    23See proposed Rule 923NY(c).

    24Id.

    25Id. Proposed changes to Rule 923NY(d) are discussed below.

    26 The Exchange is also required to confirm receipt of requests to withdraw option issues from a Market Maker's appointment. See proposed Rule 923NY(c).

    27 The Exchange will announce by Trader Update the email address that Market Makers should utilize to make selections in, or changes to, their appointment pursuant to this Rule.

    Consistent with this proposed change, the Exchange proposes to delete paragraphs (e) and (f) of Rule 923NY, which describe how Market Makers can change their appointment or withdraw from issues in their appointment because these provisions are rendered superfluous by the proposed changes to Rule 923NY(c).28

    28 The Exchange proposes to designate subparagraphs (e) and (f) as Reserved.

    The Exchange believes that the proposed changes to how Market Makers select and modify their appoints would enable Market Makers to manage their appointments with more flexibility and in a timelier manner which, in turn, would reduce the time and resources expended by Market Makers and the Exchange on the appointment process. The Exchange believes this proposal would provide Market Makers with more efficient access to the securities in which they want to make markets and disseminate competitive quotations, which would provide additional liquidity and enhance competition in those securities. The Exchange would retain the ability to suspend or terminate any appointment of a Market Maker if necessary to maintain a fair and orderly market.29 The Exchange also notes that the proposed changes to Rule 923NY(a), (b) 30 and (c) 31 are consistent with the rules of other exchanges and therefore raise no new or novel issues.

    29See Rule 923NY(g). The Exchange, however, proposes to correct the possessive form of “Exchange” (from “Exchanges' judgment” to “Exchange's judgment”) in this paragraph to correct a typo in the existing rule text, which adds clarity to Exchange rules. See proposed Rule 923NY(g) (“The Exchange may suspend or terminate any appointment of a Market Maker in one or more option issues under this Rule whenever, in the Exchange's judgment, the interests of a fair and orderly market are best served by such action.”).

    30See e.g., BATS Rules 22.3(a) (“An Options Member that has qualified as an Options Market Maker may register to make markets in individual series of options”); NOM, Chapter VII, Section 3(a) (“An Options Participant that has qualified as an Options Market Maker may register to make markets in individual options.”).

    31See e.g., PHLX Rule 3212(b) (“A PSX Market Maker may become registered in an issue by entering a registration request via an Exchange approved electronic interface with PSX's systems or by contacting PSX Market Operations. Registration shall become effective on the day the registration request is entered”); PHLX Rule 3220(a) (“A market maker may voluntarily terminate its registration in a security by withdrawing its two-sided quotation from PSX. A PSX Market Maker that voluntarily terminates its registration in a security may not re-register as a market maker for one (1) business day.”). See also BATS Rules 22.3(b) (“An Options Market Maker may become registered in a series by entering a registration request via an Exchange approved electronic interface with the Exchange's systems by 9:00 a.m. Eastern time. Registration shall become effective on the day the registration request is entered”); NOM, Chapter VII, Section 3(b) (“An Options Market Maker may become registered in an option by entering a registration request via a Nasdaq approved electronic interface with Nasdaq's systems. Registration shall become effective on the day the registration request is entered.”).

    The Exchange also proposes to amend Rule 923NY(d)(1) to state that “Market Makers must have the number of ATPs required under the Fee Schedule for its appointment as a Market Maker in option issues,” which the Exchange believes adds clarity to the Rule.32 In addition, the Exchange proposes to modify Rule 923NY(d)(2) to provide that “Floor Market Makers shall be appointed to a Trading Zone on the Floor,” 33 to conform this provision to other changes proposed herein, which are designed to streamline the Exchange's appointment process.34

    32See proposed Rule 923NY(d)(1).

    33 The Exchange also proposes to capitalize “Floor” in the first sentence of Rule 923NY(d)(1) to add clarity and consistency to Exchange rules.

    34 This proposed change also conforms to the latter portion of Rule 923NY(d)(2) which provides that “Specialists shall be appointed to the Trading Zone designated for their issues.”

    The Exchange also proposes to modify the text in paragraph (h) of the Rule. As proposed, a Market Maker would continue to be permitted to “seek review of any action taken by the Exchange, in accordance with Section 9A of the Office Rules, as applicable.” However, to clarify the rule text, the Exchange proposes to delete the unnecessary clause “including the denial of the appointment for, or the termination or suspension of, a Market Maker's appointment in an option issue or issues.” 35 The Exchange's denial, termination, or suspension of a Market Maker's appointment would continue to be reviewable under Section 9A of the Office Rules, as would other applicable actions taken by the Exchange under Rule 923NY.36

    35See Rule 923NY(h) (“A Market Maker may seek review of any action taken by the Exchange pursuant to this Rule in accordance with Section 9A of the Office Rules, as applicable.”).

    36Id.

    Rule 923NY(j) states that the Exchange will conduct periodic evaluations of Market Makers to determine whether they have fulfilled the requisite performance standards. The Exchange proposes to add “the financial resources available to the Market Maker” and “the Market Maker's operational capability” as factors the Exchange will consider in its evaluations conducted pursuant to Rule 923NY(j).37 The additional considerations the Exchange proposes to include in its periodic evaluations under Rule 923NY (j) are currently among the considerations of the Exchange in approving a Market Maker's appointment.38 In connection with the Exchange's proposed changes to the process for Market Makers' appointments to options classes, the Exchange proposes to eliminate these approval provisions. Because financial resources and operational capability are important considerations in a Market Maker's performance, the Exchange proposes to retain these factors for consideration in the Exchange's periodic evaluation of Market Maker performance.39

    37See proposed Rule 923NY(j) (“The Exchange will periodically conduct an evaluation of Market Makers to determine whether they have fulfilled performance standards relating to, among other things, quality of markets, competition among Market Makers, observance of ethical standards, and administrative factors. The Exchange may consider any relevant information including, but not limited to, the results of a Market Maker evaluation, trading data, a Market Maker's regulatory history, the financial resources available to the Market Maker, the Market Maker's operational capability, and such other factors and data as may be pertinent in the circumstances.”).

    38See Rule 923NY(c)(2) and (4).

    39 The Exchange is not proposing any changes to Rule 923NY(j)(1), which sets forth the actions that the Exchange may take, after affording a Market Maker written notice and an opportunity for hearing pursuant to Section 9A should the Exchange find a Market Maker is failing to meet minimum performance standards. See Rule 923NY(j)(1). The Exchange however proposes to delete the word “primary” from Rule 923NY(j)(1)(A) so that the clause refers simply to the “Market Maker's appointment,” which change would add clarity and consistency to Exchange rules. See proposed Rule 923NY(j)(1)(A).

    Finally, the Exchange proposes to modify Rule 923NY(j)(2) to reflect the proposed changes to the Market Maker appointment process. Specifically, the Exchange proposes to change the reference to a Market Maker being “re-appointed” by the Exchange if an option issue or issues has been terminated pursuant to this subsection (j), and to instead provide that “the Exchange may restrict a Market Maker's registration as a Market Maker in that option issue or issues for a period not to exceed 6 months.” 40 This proposal continues to give the Exchange discretion to suspend that Market Maker's appointment in the affected option issue(s) for a full six months, or to allow that Market Maker to resume that appointment earlier than the prescribed six-month period, based on the Exchange's evaluation of the facts and circumstances. The Exchange believes the proposed change is necessary so that Rule 923NY(j)(2) is consistent with the proposed changes in paragraphs (a), (b), and (c) of Rule 923NY to the process for Market Makers to register and change their appointments to options classes.

    40See proposed Rule 923NY(j)(2) (“If a Market Maker's appointment in an option issue or issues has been terminated pursuant to this subsection (j), the Market Maker may not register as a Market Maker in that option issue or issues for a period not to exceed 6 months.”).

    2. Statutory Basis

    The proposed rule change is consistent with Section 6(b) 41 of the Securities Exchange Act of 1934 (the “Act”), in general, and furthers the objectives of Section 6(b)(5),42 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system.

    41 15 U.S.C. 78f(b).

    42 15 U.S.C. 78f(b)(5).

    The Exchange believes that the proposed rule change removes impediments to a free and open market because it would enable Market Makers to manage their appointments with more flexibility and in a timelier manner. The Exchange believes the proposed change would reduce the burden on both Market Makers and Exchange staff, which would result in a fair and reasonable use of resources to the benefit of all market participants. In particular, the proposal to allow Market Makers to select their appointments, and make changes thereto, via an Exchange-approved electronic interface is consistent with [sic] Act because it would provide Market Makers with more efficient access to the securities in which they want to make markets and thus more quickly begin disseminating competitive quotations in those securities, which would provide additional liquidity and enhance competition in those securities. The Exchange also believes that preventing Market Makers from being able to withdraw an option issue from its appointment on the same day that it submits the request (as such requests are processed on an overnight basis for effectiveness on the following business day) would serve to promote just and equitable principles of trade and benefit investors and the public interest.

    In addition, the Exchange believes that the proposal to allow Market Makers to make selections or changes to their appointment without first obtaining explicit Exchange approval is likewise consistent with the Act. First, because financial resources and operational capability are important considerations in a Market Maker's performance, the Exchange proposes to retain these factors for consideration in the Exchange's periodic evaluation of Market Maker performance. The Exchange believes that adding these factors to the Exchange's consideration would remove impediments to and perfect the mechanism of a free and open market and would benefit investors and the public interest. In addition, as noted above, the Exchange would continue to have authority to suspend or terminate any Market Maker appointment in the interest of a fair and orderly market, including if necessary to prevent fraudulent and manipulative acts and practices and protect investors, or if a Market Maker does not satisfy its obligations with respect to an appointment.43 The Exchange would also retain the ability to restrict a Market Maker's registration in option issues for up to six months if a Market Maker's appointment in that option issue or issues had been previously terminated under the rule, and continues to give the Exchange discretion to allow the Market Maker to resume that appointment earlier than the prescribed six-month period or to maintain the suspension for the entire period. Finally, the Exchange is not proposing changes to the disciplinary and appeals process for Market Makers that do not meet the minimum performance standards. Accordingly, the Exchange believes this proposal is consistent with Section 6(d) of the Exchange Act.44

    43See Rule 923NY(g). See also Rule 921NY (regarding the Exchange's ability to suspend or terminate a Market Maker's registration based on “a determination of any substantial or continued failure by such Market Maker to engage in dealings in accordance with Rules 925NY or 923NY”, which outline the obligations of Market Makers).

    44 15 U.S.C. 78f(d).

    The proposed rule change would not result in unfair discrimination, as it applies to all Market Makers. Further, the proposed rule change would reduce the burden on Market Makers to manage their appointments and thus provide liquidity to the Exchange. Nevertheless, Market Makers would still be required to comply with certain obligations to maintain their status as a Market Maker, including that they provide continuous, two-sided quotations in their appointed securities.45

    45See Rule 925.1NY.

    Finally, as noted above, the proposed modifications to the appointment process would align the rules of the Exchange with the rules of other options exchanges, where Market Makers presently have the ability to select and make changes to their appointment via an Exchange-approved electronic interface.46 The Exchange believes this consistency across exchanges would remove impediments to and perfect the mechanism of a free and open market by ensuring that members, regulators and the public can more easily navigate the Exchange's rulebook and better understand the appointment process.

    46See supra nn. 4, 30, 31.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act because it provides the same relief to a group of similarly situated market participants—Market Makers. The proposed rule change would reduce the burden on Market Makers to manage their appointments and thus provide liquidity to the Exchange.

    The Exchange does not believe the proposed rule change would help Market Makers to the detriment of market participants on other exchanges, particularly because the proposed functionality is similar to functionality already available on other exchanges.47 Market Makers would still be subject to the same obligations with respect to its appointments; the proposed rule change would make the appointment process more efficient for Market Makers. The Exchange believes that the proposed rule change would relieve any burden on, or otherwise promote, competition, as it would enable Market Makers to manage their appointments with more flexibility and in a timelier manner. The Exchange believes this would provide Market Makers with more efficient access to the securities in which they want to make markets and thus more quickly begin disseminating competitive quotations in those securities, which would provide additional liquidity and enhance competition in those securities.

    47Id.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the proposed rule change.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    Within 45 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will:

    (A) By order approve or disapprove the proposed rule change, or

    (B) institute proceedings to determine whether the proposed rule change should be disapproved.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-NYSEMKT-2015-17 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-NYSEMKT-2015-17. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEMKT-2015-17, and should be submitted on or before April 29, 2015.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.48

    48 17 CFR 200.30-3(a)(12).

    Brent J. Fields, Secretary.
    [FR Doc. 2015-07964 Filed 4-7-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-74639; File No. SR-NSCC-2015-001] Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Amend Addendum A (Fee Structure) With Respect to the Alternative Investment Product Services April 2, 2015.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder,2 notice is hereby given that on March 23, 2015, National Securities Clearing Corporation (“NSCC”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II and III below, which Items have been prepared by NSCC. NSCC filed the proposed rule change pursuant to Section 19(b)(3)(A) 3 of the Act and Rule 19b-4(f)(2) 4 thereunder. The proposed rule change was effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3 15 U.S.C. 78s(b)(3)(A).

    4 17 CFR 240.19b-4(f)(2).

    I. Clearing Agency's Statement of the Terms of Substance of the Proposed Rule Change

    The proposed rule change consists of an amendment to Addendum A (Fee Structure) of NSCC's Rules & Procedures (“Rules”) to establish certain fees applicable to the Alternative Investment Product services (“AIP” or the “Service”), as more fully described below. The text of the proposed rule change is available on NSCC's Web site at http://www.dtcc.com/legal/sec-rule-filings.aspx, at the principal office of NSCC, and at the Commission's Public Reference Room.

    II. Clearing Agency's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, NSCC included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. NSCC has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change (1) Statement of Purpose

    AIP was initially approved by the Commission on May 12, 2008 5 as a new processing platform for alternative investment products such as hedge funds, funds of hedge funds, commodities pools, managed futures, and real estate investment trusts (collectively, “Eligible AIP Products”). AIP links global market participants, including broker/dealers, fund managers, fund administrators and custodians (collectively, “AIP Members”), to provide one standard end-to-end process for Eligible AIP Products.

    5 Securities Exchange Act Release No. 57813 (May 12, 2008), 73 FR 28539 (May 16, 2008) (SR-NSCC-2007-12).

    As set forth in NSCC's Rules, “AIP Data transmitted through the AIP Service may include data relating to subscriptions and purchases; redemptions, withdrawals and tender offers; exchange transactions; transfers; . . . and such other data as may be established by [NSCC] from time to time.” 6

    6See, [sic] NSCC Rule 53 (Alternative Investment Product Services and Members), Section 6 (Transmission of AIP Data) [emphasis added].

    NSCC recently enhanced the AIP platform to better process transfer instructions submitted by AIP Members. In connection with these enhancements, NSCC proposes to amend Addendum A to establish the fees applicable to the processing of transfers, such as for example, internal transfers. Internal transfers occur within an AIP Member that is a broker/dealer when such AIP Member re-registers a customer account in the name of a different customer due to, for example, the death of the previously registered customer. NSCC proposes to establish the following fees for AIP transfers:

    • $1.50 per transfer for higher volume Eligible AIP Products.

    • $5.00 per transfer for lower volume Eligible AIP Products.

    NSCC will implement the new transfer fees beginning March 26, 2015, or such later date as NSCC may announce through Important Notice.

    (2) Statutory Basis

    NSCC believes that the proposed rule change is consistent with the requirements of the Act, and the rules and regulations thereunder applicable to NSCC. In particular, the proposed rule change is consistent with Section 17A(b)(3)(D) 7 of the Act because it establishes NSCC's fees for the processing of transfer instructions submitted by AIP Members, which helps to provide for the equitable allocation of reasonable dues, fees and other charges among members in connection with use of the Service.

    7 15 U.S.C. 78q-1(b)(3)(D).

    B. Self-Regulatory Organization's Statement on Burden on Competition

    NSCC does not believe that the proposed rule change will have any impact or impose any burden on competition.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    Written comments relating to the proposed rule change have not yet been solicited or received. NSCC will notify the Commission of any written comments received by NSCC.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 8 and paragraph (f) of Rule 19b-4 9 thereunder. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act.

    8 15 U.S.C. 78s(b)(3)(A).

    9 17 CFR 240.19b-4(f).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-NSCC-2015-001 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-NSCC-2015-001. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of NSCC and on DTCC's Web site at (http://www.dtcc.com/legal/sec-rule-filings.aspx). All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NSCC-2015-001 and should be submitted on or before April 29, 2015.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10

    10 17 CFR 200.30-3(a)(12).

    Brent J. Fields, Secretary.
    [FR Doc. 2015-07967 Filed 4-7-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-74638; File No. SR-BX-2015-016] Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 4751(h) April 2, 2015.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on March 24, 2015, NASDAQ OMX BX, Inc. (“BX” or “Exchange”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange proposes to amend Rule 4751(h) to introduce the Market Hours Immediate or Cancel Time in Force for use on BX and to modify the processing of Good-til-market close-designated orders.

    The text of the proposed rule change is available on the Exchange's Web site at http://nasdaqomxbx.cchwallstreet.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange is proposing to expand the number of Time in Force designations currently available for use in the BX System by adopting a Market Hours Immediate or Cancel (“Market Hours IOC” or “MIOC”) Time in Force. Time in Force is a characteristic of an order that limits the period of time that the System will hold an order for potential execution. Currently the Exchange offers the following six Times in Force: (1) System Hours Immediate or Cancel; (2) System Hours Day; (3) System Hours Good-till-Cancelled; (4) System Hours Expire Time; (5) Market Hours GTC; and (6) Good-til-market close.3 The Exchange is proposing to add the Market Hours IOC Time in Force, which will cause an order designated as such (or unexecuted portion thereof) to be canceled if, after entry into the System, the order (or unexecuted portion thereof) becomes non-marketable during the period from 9:30 a.m. Eastern Time until 4:00 p.m. Eastern Time (“Regular Market Hours”). The new Time in Force is similar to the System Hours Immediate or Cancel (“SIOC”) Time in Force, which, as noted above, is currently available on the Exchange. Like the proposed MIOC Time in Force, an order with a Time in Force of SIOC will cause such an order (or a portion thereof) to be canceled and returned to the entering market participant if, after entry into the System, the order (or unexecuted portion thereof) is not marketable. Unlike the System Hours Immediate or Cancel Time in Force, which is available for entry and potential execution from 7:00 a.m. until 7:00 p.m. Eastern Time (“System Hours”), the proposed MIOC Time in Force is only available for entry and potential execution during Regular Market Hours. As such, MIOC-designated orders will operate in the same manner as SIOC-designated orders, but are limited to entry and potential execution only during Regular Market Hours. The Exchange notes that, because it is an immediate or cancel time in force,4 the Exchange believes that it is appropriate to limit MIOC order entry to Regular Market Hours. An order designated with a Time in Force of MIOC that is entered outside of Regular Market Hours will be returned to the entering member firm without attempting to execute.

    3See Rules 4751(h)(1)-(8). The Exchange notes that Rules 4751(h)(5) and (6) are currently held in reserve.

    4 An order designated as “immediate or cancel” represents the entering member firm's desire for the order to either execute immediately after the System determines whether the order is marketable or be canceled.

    The Exchange notes that the NASDAQ Stock Market LLC (“NASDAQ”) currently has a MIOC Time in Force, which was adopted in 2006.5 The Exchange's proposed MIOC Time in Force will operate identically, but will be available during a slightly different time period, which is attributable to NASDAQ's Opening Cross process.6 Specifically, the Exchange's MIOC Time in Force will be available for entry and potential execution from 9:30 a.m. through 4:00 p.m. Eastern Time, whereas NASDAQ's MIOC Time in Force is available for entry and potential execution beginning after the completion of the NASDAQ Opening Cross 7 through 4:00 p.m. Eastern Time.8 Unlike NASDAQ, BX does not have an opening cross process, but rather opens for trading at 9:30 a.m. Eastern Time.9 Otherwise, the Exchange's proposed MIOC Time in Force will operate identically to NASDAQ's.

    5See Securities Exchange Act Release No. 54155 (July 16 [sic], 2006), 71 FR 41291 (July 20, 2006) (SR-NASDAQ-2006-001); see also NASDAQ Rule 4751(h)(5).

    6See NASDAQ Rule 4752.

    7 NASDAQ's Opening Cross begins at 9:30 a.m. Eastern Time and market hours trading commences when the Opening Cross concludes. See NASDAQ Rule 4752(d).

    8 The Exchange notes that NASDAQ recently provided the Commission notice of a proposed immediately effective filing to simplify handling of NASDAQ MIOC-designated orders by no longer accepting such orders prior to the completion of the NASDAQ Opening Cross. See SR-NASDAQ-2015-11P.

    9 The official opening price for a security listed on the Exchange is the price of the first trade executed at or after 9:30 a.m. See Rule 4752(b).

    The Exchange is also proposing to modify the processing of orders designated as Good-til-market close (“GTMC”).10 As noted above, the Exchange currently has a GTMC Time in Force, which allows an order designated as such to be executed from 7:00 a.m. to 7:00 p.m. Eastern Time. GTMC-designated orders entered after 4:00 p.m. Eastern Time, however, are converted to a Time in Force of SIOC. In lieu of converting such orders, the Exchange is proposing to no longer accept GTMC orders for execution after 4:00 p.m. Eastern Time. As a consequence, the Exchange is adding rule text to the rule noting the GTMC orders entered after 4:00 p.m. Eastern Time will not be accepted and is deleting text concerning conversion of the order. The Exchange notes that NASDAQ recently made similar changes to its GTMC Time in Force, whereby it will no longer accept GTMC-designated orders after initiation of its Lockdown Period, the time at which no further orders for participation in the NASDAQ Closing Cross or the continuous market will be accepted, which begins at 4:00 p.m. Eastern Time.11

    10See Rule 4751(h)(8).

    11See Securities Exchange Act Release No. 73943 (December 24, 2014), 80 FR 69 (January 2, 2015) (SR-NASDAQ-2014-123); see also Securities Exchange Act Release No. 74342 (February 20, 2015), 80 FR 10562 (February 26, 2015) (SR-NASDAQ-2015-014) (delaying implementation of the changes made by SR-NASDAQ-2014-123 until April 13, 2015).

    2. Statutory Basis

    BX believes that the proposed rule changes are consistent with the provisions of Section 6 of the Act,12 in general, and with Section 6(b)(5) of the Act,13 in particular, in that the proposal is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest; and also in that it is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers. The Exchange believes that offering market participants with an additional Time in Force, which NASDAQ has had since 2006, is indicative of the Exchange's maturation as an equities market. Allowing Exchange participants the ability to more precisely select when their order may be executed removes impediments and perfects the mechanism of the market because it benefits all market participants and ensures that BX is able to compete with other market venues by providing similar tools and functionality. This functionality is nearly identical to the MIOC Time in Force that has been available on NASDAQ since 2006 and is well known to its market participants. Lastly, offering MIOC to BX market participants raises no issues concerning unfair discrimination as the new Time in Force is available to all BX market participants.

    12 15 U.S.C. 78f.

    13 15 U.S.C. 78f(b)(4) [sic] and (5).

    The proposed changes to the processing of GTMC-designated orders further these objectives because the changes simplify processing of such orders when entered after the close of Regular Market Hours. Rather than converting GTMC-designated orders to an order with a different time-in-force if entered after the market close, the Exchange will no longer accept them after 4:00 p.m. Eastern Time, which is consistent with a market participant's intent to execute during the period from 7:00 a.m. and 4:00 p.m. To the extent a member firm would like to participate in post-market hours trading, it may enter a new order eligible to participate in post-market trading. Moreover, simplifying the processing of GTMC-designated orders will remove complication in the handling of such orders, thereby further improving the operation of the market.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. Specifically, the Exchange believes that the proposal will enhance BX's competitiveness by providing its market participants with an additional option to limit when their orders may be executed. As discussed above, the MIOC Time in Force is available on NASDAQ, and providing it on BX will allow it to compete with NASDAQ and any other market venue that provides similar Time in Force functionality. This may, in turn, increase the extent of liquidity available on BX and increase its ability to compete with other execution venues to attract orders that are seeking immediate execution during Regular Market Hours. The Exchange further believes that the introduction of the MIOC Time in Force will not impair in any manner the ability of market participants or other execution venues to compete. The proposed changes to GTMC Time in Force are designed to promote consistency and stability in the closing process and in the handling of orders after Regular Market Hours has [sic] ended. Such changes do not place a burden on competition between market participants as the changes are applied consistently to all BX market participants. Moreover, the proposed changes may foster competition among exchanges and other markets, to the extent they make BX a more attractive venue to market participants.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 14 and Rule 19b-4(f)(6) thereunder.15 Because the proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 16 and Rule 19b-4(f)(6)(iii) thereunder.17 The Exchange represents that this proposed rule change will be implemented during the Second Quarter of 2015 subject to the issuance of an Equity Trader Alert that will provide at least 30 days of notice prior to the operative date for the respective amendments to Rule 4751(h).

    14 15 U.S.C. 78s(b)(3)(A)(iii).

    15 17 CFR 240.19b-4(f)(6).

    16 15 U.S.C. 78s(b)(3)(A).

    17 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange's intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement.

    At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-BX-2015-016 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-BX-2015-016. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal offices of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BX-2015-016, and should be submitted on or before April 29, 2015.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.18

    18 17 CFR 200.30-3(a)(12).

    Brent J. Fields, Secretary.
    [FR Doc. 2015-07966 Filed 4-7-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-74632; File No. SR-MIAX-2015-24] Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule April 2, 2015.

    Pursuant to the provisions of Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on March 31, 2015, Miami International Securities Exchange LLC (“MIAX” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) a proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change

    The Exchange is filing a proposal to modify the Market Maker Trading Permit Fee.

    The text of the proposed rule change is available on the Exchange's Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at MIAX's principal office, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to modify its Trading Permit fees to increase the monthly Trading Permit fees that apply to Market Makers (“MMs”). Specifically, the Exchange proposes to: (i) Increase the monthly Trading Permit fee that applies to MMs for MM Assignments in up to 250 options classes from $5,500 to $15,000; (ii) increase the monthly Trading Permit fee that applies to MMs for MM Assignments in all classes from $7,000 to $22,000; (iii) eliminate the Trading Permit fee that applies to MMs for MM Assignments in up to 100 options classes; and (iv) add some clarifying language to the Fee Schedule regarding the fee applicable to MM Assignments above 250.

    The Exchange issues Trading Permits that confer the ability to transact on the Exchange.3 Currently, all MMs, whether they are a RMM, LMM or PLMM, are assessed $4,000 per month for a Trading Permit for an assignment in up to 100 option classes, $5,500 per month for a Trading Permit for an assignment in up to 250 option classes, or $7,000 per month for a Trading Permit for an assignment in all option classes listed on the Exchange.4 The Exchange notes that the current monthly Trading Permit fees are in some instances substantially lower than monthly trading permit fees in place at other competing options exchanges.5 The Exchange established these lower rates in order to encourage additional market participants to become Members of the Exchange and register as MIAX Market Makers. Now that the Exchange has grown its market share and membership base, the Exchange proposes to modify its Trading Permit fee for MMs so that it is more aligned with the rates charged by competing options exchanges.

    3 There is no limit on the number of Trading Permits that may be issued by the Exchange; however the Exchange has the authority to limit or decrease the number of Trading Permits it has determined to issue provided it complies with the provisions set forth in Rule 200(a) and Section 6(c)(4) of the Exchange Act. See 15 U.S.C. 78(f)(c)(4). For a complete description of MIAX Trading Permits, see MIAX Rule 200.

    4 The monthly Trading Permit Fee is in addition to the one-time application fee for MIAX Membership. The Exchange charges a one-time application fee based upon the applicant's status as either an Electronic Exchange Member (“EEM”) or as a Market Maker. Applicants for MIAX Membership as an EEM are assessed a one-time Application Fee of $2,500.00. Applicants for MIAX Membership as a Market Maker are assessed a one-time Application Fee of $3,000.00. The difference in the fee charged to EEMs and Market Makers reflects the additional review and processing effort needed for Market Maker applications.

    5See e.g., NYSE Arca Options Fees and Charges, p.1 (assessing market makers $6,000 for up to 100 option issues, an additional $5,000 for up to 250 option issues, an additional $4,000 for up to 750 option issues, and an additional $3,000 for all option issues on the exchange); NYSE Amex Options Fee Schedule, p. 19 (assessing market makers $8,000 for up to 60 plus the bottom 45%, an additional $6,000 for up to 150 plus the bottom 45%, an additional $5,000 for up to 500 plus the bottom 45%, and additional $4,000 for up to 1,000 [sic] plus the bottom 45%, and an additional $3,000 for all issues traded on the exchange).

    The Exchange proposes to modify its MM Trading Permit fee to increase the monthly Trading Permit fee that applies to MMs. Specifically, the Exchange proposes to: (i) Increase the monthly Trading Permit fee that applies to MMs for MM Assignments in up to 250 options classes from $5,500 to $15,000; (ii) increase the monthly Trading Permit fee that applies to MMs for MM Assignments in all classes from $7,000 to $22,000; and (iii) eliminate the Trading Permit fee that applies to MMs for MM Assignments in up to 100 options classes.

    Members receiving Trading Permits during the month will be assessed Trading Permit Fees according to the above schedule, except that the calculation of the Trading Permit fee for the first month in which the Trading Permit is issued will be pro-rated based on the number of trading days occurring after the date on which the Trading Permit was in effect during that first month divided by the total number of trading days in such month multiplied by the monthly rate.

    Finally, the Exchange proposes to add some clarifying language to the Fee Schedule in order to specify that the $22,000 Trading Permit Fee applies to MMs Assignments over 250 up to all options classes listed on MIAX. The Exchange believes that the proposed change will help avoid the potential for confusion on behalf of MMs as to which fee level applies to MMs Assignments over 250 options classes.

    The Exchange proposes to implement the Trading Permit fees beginning April 1, 2015.

    2. Statutory Basis

    The Exchange believes that its proposal to amend its fee schedule is consistent with Section 6(b) of the Act 6 in general, and furthers the objectives of Section 6(b)(4) of the Act 7 in particular, in that it is an equitable allocation of reasonable fees and other charges among Exchange members.

    6 15 U.S.C. 78f(b).

    7 15 U.S.C. 78f(b)(4).

    The Exchange believes that the proposed Trading Permit fee is reasonable, equitable and not unfairly discriminatory. The proposed Trading Permit fees are reasonable in that they are within the range of comparable fees at other competing options exchanges.8 As such, the proposal is reasonably designed to continue to compete with other options exchange by incentivizing market participants to register as Market Makers on the Exchange in a manner that enables the Exchange to improve its overall competitiveness and strengthen its market quality for all market participants. The proposed fee is fair and equitable and not unreasonably discriminatory because it applies equally to all Market Makers regardless of type. All similarly situated Market Makers, with the same number of assignments, will be subject to the same Trading Permit fee, and access to the Exchange is offered on terms that are not unfairly discriminatory.

    8See supra note 5. NYSE Arca Options charges $11,000 for up to 250 option issues and $18,000 for all options issues on the exchange. NYSE Amex Options charges $26,000 for all option issues on the exchange.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. The Exchange believes that the proposal increases both intermarket and intramarket competition by increasing Trading Permit fees for Market Makers on the Exchange in a manner that allows all Market Makers to be subject to the same fee based on the number of assignments regardless of type and yet still be in the range of comparable fees on other exchanges. The Exchange notes that it operates in a highly competitive market in which market participants can readily favor competing venues if they deem fee levels at a particular venue to be excessive. In such an environment, the Exchange must continually adjust its fees to remain competitive with other exchanges and to attract order flow to the Exchange. The Exchange believes that the proposal reflects this competitive environment because it increases the Exchange's fees in a manner that continues to encourage market participants to register as Market Makers on the Exchange, to provide liquidity, and to attract order flow. To the extent that this purpose is achieved, all the Exchange's market participants should benefit from the improved market liquidity.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act.9 At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.

    9 15 U.S.C. 78s(b)(3)(A)(ii).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected]. Please include File Number SR-MIAX-2015-24 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-MIAX-2015-24. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-MIAX-2015-24, and should be submitted on or before April 29, 2015.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10

    10 17 CFR 200.30-3(a)(12).

    Brent J. Fields, Secretary.
    [FR Doc. 2015-07960 Filed 4-7-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-74633; File No. SR-MIAX-2015-25] Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule April 2, 2015.

    Pursuant to the provisions of Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on March 31, 2015, Miami International Securities Exchange LLC (“MIAX” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) a proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change

    The Exchange is filing a proposal to amend the MIAX Options Fee Schedule (the “Fee Schedule”).

    The text of the proposed rule change is available on the Exchange's Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at MIAX's principal office, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to amend the MIAX Options Fee Schedule (the “Fee Schedule”) to increase the fees for MEI Ports to Market Makers. Specifically, the Exchange proposes to: (i) Increase the MEI Port Fee for the first matching engine used, from $1,000 to $2,500 per month; (ii) increase the MEI Port Fee for each of matching engines 2 through 5, from $500 to $1,200 per month; (iii) increase the MEI Port Fee for each of matching engines 6 and above, from $250 to $700 per month; and (iv) increase the fee for additional Limited Service MEI Ports from $10 to $50 per month.

    Currently, MIAX assesses monthly MEI Port Fees on Market Makers based upon the number of MIAX matching engines 3 used by the Market Maker. MEI Port users are allocated two Full Service MEI Ports 4 and two Limited Service MEI Ports 5 per matching engine to which they connect. The Exchange currently assesses a fee of $1,000 per month on Market Makers for the first matching engine they use; $500 per month for each of matching engines 2 through 5; and $250 per month for each of matching engines 6 and above. For example, a Market Maker that wishes to make markets in just one symbol would require the two MEI Ports in a single matching engine; a Market Maker wishing to make markets in all symbols traded on MIAX would require the two MEI Ports in each of the Exchange's matching engines. The Exchange also currently charges $10 per month for each additional Limited Service MEI Port per matching engine for Market Makers in addition to the two Limited Service MEI Ports per matching engine that are allocated with the Full Service MEI Ports. The Full Service MEI Ports, Limited Service MEI Ports and the additional Limited Service MEI Ports all include access to MIAX's primary and secondary data centers and its disaster recovery center.

    3 A “matching engine” is a part of the MIAX electronic system that processes options quotes and trades on a symbol-by-symbol basis. Some matching engines will process option classes with multiple root symbols, and other matching engines will be dedicated to one single option root symbol (for example, options on SPY will be processed by one single matching engine that is dedicated only to SPY). A particular root symbol may only be assigned to a single designated matching engine. A particular root symbol may not be assigned to multiple matching engines.

    4 Full Service MEI Ports provide Market Makers with the ability to send Market Maker quotes, eQuotes, and quote purge messages to the MIAX System. Full Service MEI Ports are also capable of receiving administrative information. Market Makers are limited to two Full Service MEI Ports per matching engine.

    5 Limited Service MEI Ports provide Market Makers with the ability to send eQuotes and quote purge messages only, but not Market Maker Quotes, to the MIAX System. Limited Service MEI Ports are also capable of receiving administrative information. Market Makers initially receive two Limited Service MEI Ports per matching engine.

    The Exchange notes that another competing exchange charges substantially more for the use of similar ports.6 The Exchange established the current lower rates in order to encourage additional market participants to become Members of the Exchange and register as Market Makers and use the service. Now that the Exchange has grown its market share and membership base, the Exchange proposes to modify its fees charged to Market Makers for use of MEI Ports in an effort to increase the Exchange's revenues from non-transaction fee sources and also more closely align the fees with the rates charged by another competing options exchange. Accordingly, the Exchange proposes to increase the fees charged to Market Makers for use of MEI Ports. Specifically, the Exchange proposes to: (i) Increase the MEI Port Fee for the first matching engine used, from $1,000 to $2,500 per month; (ii) increase the MEI Port Fee for each of matching engines 2 through 5, from $500 to $1,200 per month; (iii) increase the MEI Port Fee for each of matching engines 6 and above, from $250 to $700 per month; and (iv) increase the fee for additional Limited Service MEI Ports from $10 to $50 per month.

    6See NASDAQ OMX PHLX LLC (“PHLX”) Pricing Schedule, Section VII. PHLX assesses specialists and market makers Active SQF Port Fee of $2,500 per month for the first port, $4,000 per month for ports 2-6, and $15,000 per month for ports 7 and over. Active SQF Port Fees are capped at $42,000 per month.

    The Exchange proposes to implement the fee changes beginning April 1, 2015.

    2. Statutory Basis

    The Exchange believes that its proposal to amend its fee schedule is consistent with Section 6(b) of the Act 7 in general, and furthers the objectives of Section 6(b)(4) of the Act 8 in particular, in that it is an equitable allocation of reasonable fees and other charges.

    7 15 U.S.C. 78f(b).

    8 15 U.S.C. 78f(b)(4).

    The Exchange believes that the proposal is reasonable and not unfairly discriminatory because Market Makers are free to add and remove MEI Ports and will only be charged for the amount of MEI Ports that they desire to use. The proposed fee is fair and equitable and not unreasonably discriminatory because it applies equally to all Market Makers regardless of type. All similarly situated Market Makers, with the same number of MEI Ports, will be subject to the same fee, and access to the Exchange is offered on terms that are not unfairly discriminatory. The Exchange believes that the proposed fees are reasonable in that the rates are within the range of that charged by another competing options exchange.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act, as amended. The Exchange believes that the proposal increases both intermarket and intramarket competition by increasing MEI Port fees for Market Makers on the Exchange in the range of comparable fees on another exchange. The Exchange notes that it operates in a highly competitive market in which market participants can readily favor competing venues if they deem fee levels at a particular venue to be excessive. In such an environment, the Exchange must continually adjust its fees to remain competitive with other exchanges and in order to attract market participants to use its services. The Exchange believes that the proposal reflects this competitive environment because it increases the Exchange's fees in a manner that continues to encourage market participants to register as Market Makers on the Exchange, to provide liquidity, and to attract order flow. To the extent that this purpose is achieved, all the Exchange's market participants should benefit from the improved market liquidity.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act.9 At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.

    9 15 U.S.C. 78s(b)(3)(A)(ii).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-MIAX-2015-25 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-MIAX-2015-25. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-MIAX-2015-25, and should be submitted on or before April 29, 2015.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10

    10 17 CFR 200.30-3(a)(12).

    Brent J. Fields, Secretary.
    [FR Doc. 2015-07961 Filed 4-7-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-74641; File No. SR-NYSEMKT-2015-20] Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Price List To Specify That a Member Organization May Request That the Exchange Aggregate Its Eligible Activity With Activity of the Member Organization's Affiliates for Purposes of Charges or Credits Based on Volume April 2, 2015.

    Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the “Act”) 2 and Rule 19b-4 thereunder,3 notice is hereby given that on March 25, 2015, NYSE MKT LLC (“NYSE MKT” or the “Exchange”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C.78s(b)(1).

    2 15 U.S.C. 78a.

    3 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange proposes to amend its Price List to specify that a member organization may request that the Exchange aggregate its eligible activity with activity of the member organization's affiliates for purposes of charges or credits based on volume. The text of the proposed rule change is available on the Exchange's Web site at www.nyse.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to amend its Price List to specify that member organizations may request that the Exchange aggregate their eligible activity with activity of member organization's affiliates for purposes of charges or credits based on volume. The proposed rule change is based on NASDAQ Stock Market LLC (“NASDAQ”) Rule 7027, NASDAQ Options Market LLC (“NOM”) Rules at Chapter XV, and the NASDAQ OMX PHLX LLC (“PHLX”) Pricing Schedule.4

    4 Effective December 1, 2014, NASDAQ amended Rule 7027 to harmonize the treatment of aggregation of affiliate activity of affiliated members to be consistent with the rules governing NOM and PHLX. See Securities Exchange Act Release No. 72966 (Sept. 3, 2014), 79 FR 53473 (Sept. 9, 2014) (SR-NASDAQ-2014-083). NOM and PHLX also amended their respective rules to harmonize the process by which it collects information from its members for purposes of aggregating member activity between its equity and options markets. See Securities Exchange Act Release Nos. 72967 (Sept. 2, 2014), 79 FR 53471 (Sept. 9, 2014) (SR-NASDAQ-2014-082) and 72969 (Sept. 3, 2014), 79 FR 53485 (Sept. 9, 2014) (SR-PHLX-2014-56).

    As proposed, for purposes of applying any provision of the Exchange's Price List where the charge assessed, or credit provided, by the Exchange depends on the volume of a member organization's activity, a member organization may request that the Exchange aggregate its eligible activity with activity of such member organization's affiliates. The Exchange further proposes that a member organization requesting aggregation of eligible affiliate activity would be required to (1) certify to the Exchange the affiliate status of member organizations whose activity it seeks to aggregate prior to receiving approval for aggregation, and (2) inform the Exchange immediately of any event that causes an entity to cease being an affiliate. The Exchange would review available information regarding the entities and reserves the right to request additional information to verify the affiliate status of an entity. As further proposed, the Exchange would approve a request, unless it determines that the certificate is not accurate.5

    5See NASDAQ Rule 7027(a)(1).

    The Exchange also proposes that if two or more member organizations become affiliated on or prior to the sixteenth day of a month, and submit the required request for aggregation on or prior to the twenty-second day of the month, an approval of the request would be deemed to be effective as of the first day of that month. If two or more member organizations become affiliated after the sixteenth day of a month, or submit a request for aggregation after the twenty second day of the month, an approval of the request would be deemed to be effective as of the first day of the next calendar month.6 The Exchange believes that this requirement, which is also similar to requirements of other exchanges,7 would be a fair and objective way to apply the aggregation rule to fees and streamline the billing process.

    6See NASDAQ Rule 7027(a)(2).

    7See supra note 4.

    The Exchange further proposes to provide that for purposes of applying any provision of the Price List where the charge assessed, or credit provided, by the Exchange depends upon the volume of a member organization's activity, references to an entity would be deemed to include the entity and its affiliates that have been approved for aggregation.8 The Exchange notes that its designated market makers (“DMM”) are subject to specified pricing on the Price List. For purposes of the Price List, a DMM may not aggregate its volume either with other units within the same member organization or affiliates of the member organization operating the DMM unit. In addition, the Exchange proposes to provide that member organizations may not aggregate volume where the Price List specifies that aggregation is not permitted.9

    8See supra note 5.

    9 For example, the Price List specifies whether quoting and trading activity relating to Supplemental Liquidity Provider activity may be aggregated.

    Finally, the Exchange proposes that for purposes of the Price List, the term “affiliate” would mean any member organization under 75% common ownership or control of that member organization.10

    10See NASDAQ Rule 7027(c).

    2. Statutory Basis

    The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,11 in general, and furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act,12 in particular, because it provides for the equitable allocation of reasonable dues, fees, and other charges among member organizations and issuers and other persons using any facility or system with [sic] the Exchange operates or controls and because it is designed to prevent fraudulent and manipulative acts and practices, promote just and equitable principles of trade, remove impediments to and perfect the mechanism of a free and open market and a national market system, and protect investors and the public interest.

    11 15 U.S.C. 78f(b).

    12 15 U.S.C. 78f(b)(4) and (5).

    The Exchange further believes that the proposed rule change is reasonable because it establishes a manner for the Exchange to treat affiliated member organizations for purposes of assessing charges or credits that are based on volume. The provision is equitable because all member organizations seeking to aggregate their activity are subject to the same parameters, in accordance with a standard that recognizes an affiliation as of the month's beginning or close in time to when the affiliation occurs, provided the member organization submits a timely request. Moreover, the proposed billing aggregation language, which would lower the Exchange's administrative burden, is substantially similar to aggregation language adopted by other exchanges.13

    13See supra note 4.

    The Exchange further notes that the proposal would serve to reduce disparity of treatment between member organizations with regard to the pricing of different services and reduce any potential for confusion on how activity can be aggregated. The Exchange believes that the proposed rule change avoids disparate treatment of member organizations that have divided their various business activities between separate corporate entities as compared to member organizations that operate those business activities within a single corporate entity. The Exchange further notes that the proposed rule change is reasonable and is designed to remove impediments to and perfect the mechanism of a free and open market by harmonizing the manner by which the Exchanges permits member organizations to aggregate volume with other exchanges. In particular, the Exchange notes that NASDAQ, PHLX and BX all have the same standard that the Exchange is proposing to adopt.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,14 the Exchange does not believe that the proposed rule change will impose any burden on intermarket or intramarket competition that is not necessary or appropriate in furtherance of the purposes of the Act. As stated above, the proposed rule change, which applies equally to all member organizations, is intended to reduce the Exchange's administrative burden in applying volume price discounts for firms which have requested aggregation with that of an affiliate member organization, and is substantially similar to rules adopted by other exchanges. Because the market for order execution and routing is extremely competitive, member organizations may readily opt to disfavor the Exchange if they believe that alternatives offer them better value. The Exchange does not believe the proposed changes will impair the ability of member organizations or competing order execution venues to maintain their competitive standing in the financial markets.

    14 15 U.S.C. 78f(b)(8).

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the proposed rule change.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    Because the foregoing rule does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, provided that the self-regulatory organization has given the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change or such shorter time as designated by the Commission,15 the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 16 and Rule 19b-4(f)(6) thereunder.17

    15 The Exchange has fulfilled this requirement.

    16 15 U.S.C. 78s(b)(3)(A).

    17 17 CFR 240.19b-4(f)(6).

    At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-NYSEMKT-2015-20 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-NYSEMKT-2015-20. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing will also be available for inspection and copying at the NYSE's principal office and on its Internet Web site at www.nyse.com. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEMKT-2015-20 and should be submitted on or before April 29, 2015.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.18

    Brent J. Fields, Secretary.

    18 17 CFR 200.30-3(a)(12).

    [FR Doc. 2015-07969 Filed 4-7-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 31546; File No. 812-13683] John Hancock Exchange-Traded Fund Trust, et al.; Notice of Application April 2, 2015. AGENCY:

    Securities and Exchange Commission (“Commission”).

    ACTION:

    Notice of an application for an order under section 6(c) of the Investment Company Act of 1940 (the “Act”) for an exemption from sections 2(a)(32), 5(a)(1), 22(d), and 22(e) of the Act and rule 22c-1 under the Act, under sections 6(c) and 17(b) of the Act for an exemption from sections 17(a)(1) and 17(a)(2) of the Act, and under section 12(d)(1)(J) of the Act for an exemption from sections 12(d)(1)(A) and 12(d)(1)(B) of the Act.

    Summary of Application: Applicants request an order that would permit (a) series of certain open-end management investment companies to issue shares (“Shares”) redeemable in large aggregations only (“Creation Units”); (b) secondary market transactions in Shares to occur at negotiated market prices rather than at net asset value (“NAV”); (c) certain series to pay redemption proceeds, under certain circumstances, more than seven days after the tender of Shares for redemption; (d) certain affiliated persons of the series to deposit securities into, and receive securities from, the series in connection with the purchase and redemption of Creation Units; (e) certain registered management investment companies and unit investment trusts outside of the same group of investment companies as the series to acquire Shares; and (f) certain series to perform creations and redemptions of Creation Units in-kind in a master-feeder structure.

    Applicants: John Hancock Exchange-Traded Fund Trust (“Trust”), John Hancock Advisers, LLC and John Hancock Investment Management Services, LLC (together, “John Hancock”), and John Hancock Funds, LLC.

    Filing Dates: The application was filed on August 21, 2009, and amended on August 27, 2010, August 29, 2011, November 6, 2014, and March 17, 2015.

    Hearing or Notification of Hearing: An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on April 27, 2015, and should be accompanied by proof of service on applicants, in the form of an affidavit or, for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary.

    ADDRESSES:

    The Commission: Secretary, U.S. Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090; Applicants: 601 Congress Street, Boston, MA 02210-2805.

    FOR FURTHER INFORMATION CONTACT:

    Christine Y. Greenlees, Senior Counsel at (202) 551-6879, or David P. Bartels, Branch Chief, at (202) 551-6821 (Division of Investment Management, Chief Counsel's Office).

    SUPPLEMENTARY INFORMATION:

    The following is a summary of the application. The complete application may be obtained via the Commission's Web site by searching for the file number, or for an applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling (202) 551-8090.

    Applicants' Representations

    1. The Trust is a business trust organized under the laws of the Commonwealth of Massachusetts. The Trust is registered under the Act as an open-end management investment company and will offer multiple series.

    2. John Hancock Advisers, LLC will be the investment adviser to the Initial Fund (defined below). Each of John Hancock Advisers, LLC and John Hancock Investment Management Services, LLC is registered as an investment adviser under the Investment Advisers Act of 1940 (the “Advisers Act”). Any other Adviser (defined below) will also be registered as an investment adviser under the Advisers Act. The Adviser may enter into sub-advisory agreements with one or more investment advisers to act as sub-advisers to particular Funds (each, a “Sub-Adviser”). Any Sub-Adviser will either be registered under the Advisers Act or will not be required to register thereunder.

    3. The Trust will enter into a distribution agreement with one or more distributors, including John Hancock Funds, LLC. Each distributor will act as distributor and principal underwriter (“Distributor”) of one or more of the Funds. Each Distributor will be a broker-dealer registered under the Securities Exchange Act of 1934 (the “Exchange Act”). The Distributor of any Fund may be an affiliated person or an affiliated person of an affiliated person of that Fund's Adviser and/or Sub-Adviser(s). The Distributor will not be affiliated with any Exchange (defined below).

    4. Applicants request that the order apply to the initial series of the Trust described in the application (“Initial Fund”), and any additional series of the Trust, and any other open-end management investment company or series thereof, that may be created in the future (“Future Funds”), each of which will operate as an exchanged-traded fund (“ETF”) and will track a specified index comprised of domestic or foreign equity and/or fixed income securities (each, an “Underlying Index”). Any Future Fund will (a) be advised by John Hancock Advisers, LLC, John Hancock Investment Management Services, LLC, or an entity controlling, controlled by, or under common control with John Hancock Advisers, LLC or John Hancock Investment Management Services, LLC (each, an “Adviser”) and (b) comply with the terms and conditions of the application. The Initial Fund and Future Funds, together, are the “Funds.” 1

    1 All existing entities that intend to rely on the requested order have been named as applicants. Any other existing or future entity that subsequently relies on the order will comply with the terms and conditions of the order. A Fund of Funds (as defined below) may rely on the order only to invest in Funds and not in any other registered investment company.

    5. Applicants state that a Fund may operate as a feeder fund in a master-feeder structure (“Feeder Fund”). Applicants request that the order permit a Feeder Fund to acquire shares of another registered investment company in the same group of investment companies having substantially the same investment objectives as the Feeder Fund (“Master Fund”) beyond the limitations in section 12(d)(1)(A) of the Act and permit the Master Fund, and any principal underwriter for the Master Fund, to sell shares of the Master Fund to the Feeder Fund beyond the limitations in section 12(d)(1)(B) of the Act (“Master-Feeder Relief”). Applicants may structure certain Feeder Funds to generate economies of scale and incur lower overhead costs.2 There would be no ability by Fund shareholders to exchange Shares of Feeder Funds for shares of another feeder series of the Master Fund.

    2 Operating in a master-feeder structure could also impose costs on a Feeder Fund and reduce its tax efficiency. The Feeder Fund's Board will consider any such potential disadvantages against the benefits of economies of scale and other benefits of operating within a master-feeder structure. In a master-feeder structure, the Master Fund—rather than the Feeder Fund—would generally invest its portfolio in compliance with the requested order.

    6. Each Fund, or its respective Master Fund, will hold certain securities, currencies, other assets and other investment positions (“Portfolio Holdings”) selected to correspond generally to the performance of its Underlying Index. Certain of the Funds will be based on Underlying Indexes that will be comprised solely of equity and/or fixed income securities issued by one or more of the following categories of issuers: (i) Domestic issuers and (ii) non-domestic issuers meeting the requirements for trading in U.S. markets. Other Funds will be based on Underlying Indexes that will be comprised solely of foreign and domestic, or solely foreign, equity and/or fixed income securities (“Foreign Funds”).

    7. Applicants represent that each Fund, or its respective Master Fund, will invest at least 80% of its assets (excluding securities lending collateral) in the component securities of its respective Underlying Index (“Component Securities”), or in the case of Fixed Income Funds,3 in the Component Securities of its respective Underlying Index and TBA Transactions 4 representing Component Securities, and in the case of Foreign Funds, Component Securities and Depositary Receipts 5 representing Component Securities. Each Fund, or its respective Master Fund, may also invest up to 20% of its assets in certain index futures, options, options on index futures, swap contracts or other derivatives, as related to its respective Underlying Index and its Component Securities, cash and cash equivalents, other investment companies, as well as in securities and other instruments not included in its Underlying Index but which the Adviser believes will help the Fund track its Underlying Index. A Fund may also engage in short sales in accordance with its investment objective.

    3 A Fixed Income Fund is a Fund that tracks a specified index comprised of domestic or foreign fixed income securities.

    4 A “to-be-announced transaction” or “TBA Transaction” is a method of trading mortgage-backed securities. In a TBA Transaction, the buyer and seller agree upon general trade parameters such as agency, settlement date, par amount and price. The actual pools delivered generally are determined two days prior to settlement date.

    5 Depositary receipts representing foreign securities (“Depositary Receipts”) include American Depositary Receipts and Global Depositary Receipts. The Funds, or their respective Master Funds, may invest in Depositary Receipts representing foreign securities in which they seek to invest. Depositary Receipts are typically issued by a financial institution (a “depositary bank”) and evidence ownership interests in a security or a pool of securities that have been deposited with the depositary bank. A Fund, or its respective Master Fund, will not invest in any Depositary Receipts that the Adviser or any Sub-Adviser deems to be illiquid or for which pricing information is not readily available. No affiliated person of a Fund, the Adviser or any Sub-Adviser will serve as the depositary bank for any Depositary Receipts held by a Fund, or its respective Master Fund.

    8. The Trust may issue Funds that seek to track Underlying Indexes constructed using 130/30 investment strategies (“130/30 Funds”) or other long/short investment strategies (“Long/Short Funds”). Each Long/Short Fund will establish (i) exposures equal to approximately 100% of the long positions specified by the Long/Short Index 6 and (ii) exposures equal to approximately 100% of the short positions specified by the Long/Short Index. Each 130/30 Fund will include strategies that: (i) Establish long positions in securities so that total long exposure represents approximately 130% of a Fund's net assets; and (ii) simultaneously establish short positions in other securities so that total short exposure represents approximately 30% of such Fund's net assets. Each Business Day, for each Long/Short Fund and 130/30 Fund, the Adviser will provide full portfolio transparency on the Fund's publicly available Web site (“Web site”) by making available the Fund's, or its respective Master Fund's, Portfolio Holdings before the commencement of trading of Shares on the Listing Exchange (defined below).7 The information provided on the Web site will be formatted to be reader-friendly.

    6 Underlying Indexes that include both long and short positions in securities are referred to as “Long/Short Indexes.”

    7 Under accounting procedures followed by each Fund, trades made on the prior Business Day (“T”) will be booked and reflected in NAV on the current Business Day (T+1). Accordingly, the Funds will be able to disclose at the beginning of the Business Day the portfolio that will form the basis for the NAV calculation at the end of the Business Day.

    9. A Fund will utilize either a replication or representative sampling strategy to track its Underlying Index. A Fund using a replication strategy will invest in the Component Securities of its Underlying Index in the same approximate proportions as in such Underlying Index. A Fund using a representative sampling strategy will hold some, but not necessarily all of the Component Securities of its Underlying Index. Applicants state that a Fund using a representative sampling strategy will not be expected to track the performance of its Underlying Index with the same degree of accuracy as would an investment vehicle that invested in every Component Security of the Underlying Index with the same weighting as the Underlying Index. Applicants expect that each Fund, or its respective Master Fund, will have an annual tracking error relative to the performance of its Underlying Index of less than 5%.

    10. The Funds will be entitled to use their Underlying Indexes pursuant to either a licensing agreement with the entity that compiles, creates, sponsors or maintains an Underlying Index (each, an “Index Provider”) or a sub-licensing arrangement with the Adviser, which will have a licensing agreement with such Index Provider.8 A “Self-Indexing Fund” is a Fund for which an affiliated person, as defined in section 2(a)(3) of the Act (an “Affiliated Person”), or a Second-Tier Affiliate,9 of the Trust or a Fund, of the Adviser, of any Sub-Adviser to or promoter of a Fund, or of the Distributor (each, an “Affiliated Index Provider”) 10 will serve as the Index Provider. In the case of Self-Indexing Funds, an Affiliated Index Provider will create a proprietary, rules-based methodology to create Underlying Indexes (each an “Affiliated Index”).11 Except with respect to the Self-Indexing Funds, no Index Provider is or will be an Affiliated Person, or a Second-Tier Affiliate, of the Trust or a Fund, of the Adviser, of any Sub-Adviser to or promoter of a Fund, or of the Distributor.

    8 The licenses for the Self-Indexing Funds will specifically state that the Affiliated Index Provider (or in case of a sub-licensing agreement, the Adviser) must provide the use of the Underlying Indexes and related intellectual property at no cost to the Trust and the Self-Indexing Funds.

    9 A Second-Tier Affiliate is an affiliated person of an Affiliated Person.

    10 In the event that an Adviser or Sub-Adviser serves as the Affiliated Index Provider for a Self-Indexing Fund, the terms “Affiliated Index Provider” or “Index Provider,” with respect to that Self-Indexing Fund, will be limited to the employees of the applicable Adviser or Sub-Adviser that are responsible for creating, compiling and maintaining the relevant Underlying Index.

    11 The Affiliated Indexes may be made available to registered investment companies, as well as separately managed accounts of institutional investors and privately offered funds that are not deemed to be “investment companies” in reliance on section 3(c)(1) or 3(c)(7) of the Act for which the Adviser acts as adviser or subadviser (“Affiliated Accounts”) as well as other such registered investment companies, separately managed accounts and privately offered funds for which it does not act either as adviser or subadviser (“Unaffiliated Accounts”). The Affiliated Accounts and the Unaffiliated Accounts, like the Funds, would seek to track the performance of one or more Underlying Index(es) by investing in the constituents of such Underlying Indexes or a representative sample of such constituents of the Underlying Index. Consistent with the relief requested from section 17(a), the Affiliated Accounts will not engage in Creation Unit transactions with a Fund.

    11. Applicants recognize that Self-Indexing Funds could raise concerns regarding the ability of the Affiliated Index Provider to manipulate the Underlying Index to the benefit or detriment of the Self-Indexing Fund. Applicants further recognize the potential for conflicts that may arise with respect to the personal trading activity of personnel of the Affiliated Index Provider who have knowledge of changes to an Underlying Index prior to the time that information is publicly disseminated.

    12. Applicants propose that each day that a Fund, the NYSE and the national securities exchange (as defined in section 2(a)(26) of the Act) (an “Exchange”) on which the Fund's Shares are primarily listed (“Listing Exchange”) are open for business, including any day that a Fund is required to be open under section 22(e) of the Act (a “Business Day”), each Self-Indexing Fund will post on its Web site, before commencement of trading of Shares on the Listing Exchange, the identities and quantities of the Portfolio Holdings that will form the basis for the Fund's calculation of its NAV at the end of the Business Day. Applicants believe that requiring Self-Indexing Funds to maintain full portfolio transparency will provide an additional mechanism for addressing any such potential conflicts of interest.

    13. Applicants represent that each Self-Indexing Fund's Portfolio Holdings will be as transparent as the portfolio holdings of existing actively managed ETFs. Unlike passively-managed ETFs, actively-managed ETFs do not seek to replicate the performance of a specified index but rather seek to achieve their investment objectives by using an “active” management strategy. Applicants contend that the structure of actively managed ETFs presents potential conflicts of interest that are the same as those presented by Self-Indexing Funds because the portfolio managers of an actively managed ETF by definition have advance knowledge of pending portfolio changes. Applicants believe that actively managed ETFs address these potential conflicts of interest appropriately through full portfolio transparency, as the conditions to their relevant exemptive relief require.

    14. In addition, applicants do not believe the potential for conflicts of interest raised by the Adviser's use of the Underlying Indexes in connection with the management of the Self Indexing Funds and the Affiliated Accounts will be substantially different from the potential conflicts presented by an adviser managing two or more registered funds. Both the Act and the Advisers Act contain various protections to address conflicts of interest where an adviser is managing two or more registered funds and these protections will also help address these conflicts with respect to the Self-Indexing Funds.

    15. Each Adviser and any Sub-Adviser has adopted or will adopt, pursuant to Rule 206(4)-7 under the Advisers Act, written policies and procedures designed to prevent violations of the Advisers Act and the rules thereunder. These include policies and procedures designed to minimize potential conflicts of interest among the Self-Indexing Funds and the Affiliated Accounts, such as cross trading policies, as well as those designed to ensure the equitable allocation of portfolio transactions and brokerage commissions. In addition, John Hancock has adopted policies and procedures as required under section 204A of the Advisers Act, which are reasonably designed in light of the nature of its business to prevent the misuse, in violation of the Advisers Act or the Exchange Act or the rules thereunder, of material non-public information by John Hancock or associated persons (“Inside Information Policy”). Any other Adviser and/or Sub-Adviser will be required to adopt and maintain a similar Inside Information Policy. In accordance with the Code of Ethics 12 and Inside Information Policy of each Adviser and Sub-Advisers, personnel of those entities with knowledge about the composition of the Portfolio Deposit 13 will be prohibited from disclosing such information to any other person, except as authorized in the course of their employment, until such information is made public. In addition, an Index Provider will not provide any information relating to changes to an Underlying Index's methodology for the inclusion of component securities, the inclusion or exclusion of specific component securities, or methodology for the calculation or the return of component securities, in advance of a public announcement of such changes by the Index Provider. The Adviser will also include under Item 10.C. of Part 2 of its Form ADV a discussion of its relationship to any Affiliated Index Provider and any material conflicts of interest resulting therefrom, regardless of whether the Affiliated Index Provider is a type of affiliate specified in Item 10.

    12 The Adviser has also adopted (and any other Adviser has adopted or will adopt) a code of ethics pursuant to Rule 17j-1 under the Act and Rule 204A-1 under the Advisers Act, which contains provisions reasonably necessary to prevent Access Persons (as defined in Rule 17j-1) from engaging in any conduct prohibited in Rule 17j-1 (“Code of Ethics”).

    13 The instruments and cash that the purchaser is required to deliver in exchange for the Creation Units it is purchasing is referred to as the “Portfolio Deposit.”

    16. To the extent the Self-Indexing Funds transact with an Affiliated Person of the Adviser or Sub-Adviser, such transactions will comply with the Act, the rules thereunder and the terms and conditions of the requested order. In this regard, each Self-Indexing Fund's board of directors or trustees (“Board”) will periodically review the Self-Indexing Fund's use of an Affiliated Index Provider. Subject to the approval of the Self-Indexing Fund's Board, the Adviser, Affiliated Persons of the Adviser (“Adviser Affiliates”) and Affiliated Persons of any Sub-Adviser (“Sub-Adviser