Federal Register Vol. 80, No.75,

Federal Register Volume 80, Issue 75 (April 20, 2015)

Page Range21639-22086
FR Document

80_FR_75
Current View
Page and SubjectPDF
80 FR 21771 - Sunshine Act Meeting NoticePDF
80 FR 21704 - Proposed Information Collection; Comment Request; Application for Investment AssistancePDF
80 FR 21763 - Government In The Sunshine Act Meeting NoticePDF
80 FR 21650 - Mandatory Greenhouse Gas ReportingPDF
80 FR 21685 - Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO2PDF
80 FR 21670 - Oil and Gas and Sulphur Operations on the Outer Continental Shelf-Requirements for Exploratory Drilling on the Arctic Outer Continental ShelfPDF
80 FR 21731 - Final Priority: National Institute on Disability, Independent Living, and Rehabilitation Research-Rehabilitation Research and Training CentersPDF
80 FR 21723 - Applications for New Awards; National Institute on Disability, Independent Living, and Rehabilitation Research-Rehabilitation Research and Training CentersPDF
80 FR 21709 - Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of DutyPDF
80 FR 21767 - In the Matter of PPL Susquehanna, LLC; Susquehanna Steam Electric Station, Units 1 and 2PDF
80 FR 21729 - Final Priority: National Institute on Disability, Independent Living, and Rehabilitation Research-Rehabilitation Research and Training CentersPDF
80 FR 21747 - Extension of Agency Information Collection Activity Under OMB Review: Law Enforcement Officer Flying Armed TrainingPDF
80 FR 21794 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping and Countervailing Measures on Certain Coated Paper From IndonesiaPDF
80 FR 21772 - Department of Energy; Fort St. Vrain Independent Spent Fuel Storage InstallationPDF
80 FR 21733 - Applications for New Awards; National Institute on Disability, Independent Living, and Rehabilitation Research-Rehabilitation Research and Training CentersPDF
80 FR 21639 - List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment No. 8, Revision No. 1PDF
80 FR 21704 - Notice of Decennial Review of Operational Files DesignationsPDF
80 FR 21727 - Final Priority: National Institute on Disability, Independent Living, and Rehabilitation Research-Rehabilitation Research and Training CentersPDF
80 FR 21716 - Notice of Availability of Final NPDES General Permits MAG070000 And NHG070000 for Discharges From Dewatering Activities in the Commonwealth of Massachusetts and the State of New Hampshire: The Dewatering General Permit (DGP)PDF
80 FR 21765 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act and the Resource Conservation and Recovery ActPDF
80 FR 21738 - Applications for New Awards; National Institute on Disability, Independent Living, and Rehabilitation Research -Rehabilitation Research and Training CentersPDF
80 FR 21718 - Proposed Consent Decree, Clean Air Act Citizen SuitPDF
80 FR 21754 - Section 8 Housing Assistance Payments Program-Fiscal Year (FY) 2015 Inflation Factors for Public Housing Agency (PHA) Renewal FundingPDF
80 FR 21721 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
80 FR 21720 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
80 FR 21751 - Notice of Intent To Prepare an Environmental Impact Statement (EIS) for Coastal and Social Resiliency Initiatives for Tottenville Shoreline, Staten Island, NYPDF
80 FR 21706 - Melamine From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty DeterminationPDF
80 FR 21708 - Melamine From Trinidad and Tobago: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping DeterminationPDF
80 FR 21711 - Privacy Act of 1974; System of RecordsPDF
80 FR 21762 - Certain Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone; Notice of Request for Statements on the Public InterestPDF
80 FR 21650 - Vermont: Final Authorization of State Hazardous Waste Management Program RevisionsPDF
80 FR 21691 - Vermont: Proposed Authorization of State Hazardous Waste Management Program RevisionsPDF
80 FR 21719 - Information Collection; Transfer Order-Surplus Personal Property and Continuation Sheet, Standard Form (SF) 123PDF
80 FR 21784 - Proposed Collection; Comment RequestPDF
80 FR 21789 - Proposed Collection; Comment RequestPDF
80 FR 21785 - Proposed Collection; Comment RequestPDF
80 FR 21765 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of an Approved CollectionPDF
80 FR 21764 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of an Approved Collection; Semi-Annual Progress Report for the Court Training and Improvements ProgramPDF
80 FR 21763 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of an Approved Collection Semi-Annual Progress Report for Grantees From the Grants To Encourage Arrest Policies and Enforcement of Protection Orders ProgramPDF
80 FR 21766 - Agency Information Collection Activities: Proposed eCollection eComments Requested; Federal Explosives License/Permit (FEL) Renewal ApplicationPDF
80 FR 21719 - Agency Information Collection Activities OMB ResponsesPDF
80 FR 21717 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program (Renewal)PDF
80 FR 21649 - Adoption of Updated EDGAR Filer ManualPDF
80 FR 21715 - President's Council of Advisors on Science and TechnologyPDF
80 FR 21715 - Environmental Management Site-Specific Advisory Board, PortsmouthPDF
80 FR 21746 - Tuna-Tariff Rate Quota; the Tariff-Rate Quota for Calendar Year 2015 Tuna Classifiable Under Subheading 1604.14.22, Harmonized Tariff Schedule of the United States (HTSUS)PDF
80 FR 21802 - Advisory Committee on Risk-Sharing Mechanisms To Voluntarily Reinsure Against Losses From Acts of TerrorismPDF
80 FR 21713 - Charter Renewal of Department of Defense Federal Advisory CommitteesPDF
80 FR 21759 - Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; Alaska Guide Service EvaluationPDF
80 FR 21656 - Defense Federal Acquisition Regulation Supplement; Technical AmendmentsPDF
80 FR 21654 - Application of Federal Law to LSC RecipientsPDF
80 FR 21712 - Defense Science Board; Notice of Federal Advisory Committee MeetingsPDF
80 FR 21792 - New York Disaster #NY-00158PDF
80 FR 21793 - Connecticut Disaster # CT-00034PDF
80 FR 21713 - Board of Regents, Uniformed Services University of the Health Sciences; Notice of Federal Advisory Committee MeetingPDF
80 FR 21710 - New England Fishery Management Council; Statement of Organization, Practices, and ProceduresPDF
80 FR 21792 - Administrative Declaration of a Disaster for the State of Rhode IslandPDF
80 FR 21767 - Committee Management; RenewalPDF
80 FR 21767 - Advisory Committee for Education and Human Resources; Notice of MeetingPDF
80 FR 21770 - Managing the Safety/Security InterfacePDF
80 FR 21658 - Alternate Risk-Informed Approach for Addressing the Effects of Debris on Post-Accident Long-Term Core CoolingPDF
80 FR 21774 - Sizing of Large Lead-Acid Storage BatteriesPDF
80 FR 21793 - Administrative Declaration of a Disaster for the State of OklahomaPDF
80 FR 21796 - Reports, Forms, and Recordkeeping RequirementsPDF
80 FR 21744 - Agency Information Collection Activities; Submission to OMB for Review and Approval; Public Comment RequestPDF
80 FR 21745 - Agency Information Collection Activities; Proposed Collection; Public Comment RequestPDF
80 FR 21770 - Seismic Stability Analysis for Spent Fuel Dry Cask Stack-Up ConfigurationPDF
80 FR 21743 - Pilot Program for Center for Devices and Radiological Health Electronic Submission for Home Use Device LabelingPDF
80 FR 21799 - Notice of Buy America WaiverPDF
80 FR 21797 - Notice of Buy America WaiverPDF
80 FR 21800 - Notice of Buy America WaiverPDF
80 FR 21716 - Combined Notice of Filings #1PDF
80 FR 21692 - Use of Non-LSC Funds, Transfer of LSC Funds, Program Integrity; Subgrants and Membership Fees or Dues; Cost Standards and ProceduresPDF
80 FR 21755 - Order of Succession for the Office of Community Planning and DevelopmentPDF
80 FR 21747 - Consolidated Delegations of Authority for the Office of Community Planning and DevelopmentPDF
80 FR 21700 - Recipient Fund BalancesPDF
80 FR 21750 - Order of Succession for the Office of HousingPDF
80 FR 21756 - Consolidated Delegation of Authority for the Office of Housing-Federal Housing Administration (FHA)PDF
80 FR 21750 - Availability of HUD's Fiscal Year 2013 Service Contract InventoryPDF
80 FR 22044 - Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities (SNFs) for FY 2016, SNF Value-Based Purchasing Program, SNF Quality Reporting Program, and Staffing Data CollectionPDF
80 FR 21785 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Options Fee SchedulePDF
80 FR 21776 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Content of the BATS One Feed Under Rule 11.22(j) To Include Consolidated Volume for all Listed Equity SecuritiesPDF
80 FR 21778 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend NASDAQ Rules 7014 and 7018PDF
80 FR 21790 - Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by NASDAQ OMX BX, Inc. Relating to Member ApplicationPDF
80 FR 21782 - Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Content of the BATS One Feed Under Rule 11.22(i) To Include Consolidated Volume for All Listed Equity SecuritiesPDF
80 FR 21761 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
80 FR 21795 - Proposed Agency Information Collection Activities; Comment RequestPDF
80 FR 21775 - New Postal ProductPDF
80 FR 21761 - Notice of Availability of the Final Owyhee Canyonlands Wilderness and Wild & Scenic Rivers Management Plan, IdahoPDF
80 FR 21760 - Public Land Order No. 7835; Revocation of the Withdrawal Established by Executive Order Dated August 24, 1842; MichiganPDF
80 FR 21670 - Safety Zone, Volvo Ocean Race Newport; East Passage, Narragansett Bay, RIPDF
80 FR 21766 - Aerospace Safety Advisory Panel; MeetingPDF
80 FR 21801 - Proposed Collection; Comment Request for Regulation ProjectPDF
80 FR 21746 - National Institute of Biomedical Imaging and Bioengineering; Notice of Closed MeetingPDF
80 FR 21746 - National Institute of Dental & Craniofacial Research; Notice of Closed MeetingPDF
80 FR 21746 - National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Closed MeetingsPDF
80 FR 21802 - Notice of Open Public HearingPDF
80 FR 21681 - Approval and Promulgation of Air Quality Implementation Plans; Illinois; Illinois Power Holdings and AmerenEnergy Medina Valley Cogen VariancePDF
80 FR 21710 - Commerce Spectrum Management Advisory Committee MeetingPDF
80 FR 21691 - Clean Water Act Methods Update Rule for the Analysis of Effluent; Comment ExtensionPDF
80 FR 21674 - Gathering of Certain Plants or Plant Parts by Federally Recognized Indian Tribes for Traditional PurposesPDF
80 FR 22035 - Proposed Amendments to Class Exemptions 75-1, 77-4, 80-83 and 83-1PDF
80 FR 22021 - Proposed Amendment to and Proposed Partial Revocation of Prohibited Transaction Exemption (PTE) 86-128 for Securities Transactions Involving Employee Benefit Plans and Broker-Dealers; Proposed Amendment to and Proposed Partial Revocation of PTE 75-1, Exemptions From Prohibitions Respecting Certain Classes of Transactions Involving Employee Benefits Plans and Certain Broker-Dealers, Reporting Dealers and BanksPDF
80 FR 22010 - Proposed Amendment to and Proposed Partial Revocation of Prohibited Transaction Exemption (PTE) 84-24 for Certain Transactions Involving Insurance Agents and Brokers, Pension Consultants, Insurance Companies and Investment Company Principal UnderwritersPDF
80 FR 22004 - Proposed Amendment to Prohibited Transaction Exemption (PTE) 75-1, Part V, Exemptions From Prohibitions Respecting Certain Classes of Transactions Involving Employee Benefit Plans and Certain Broker-Dealers, Reporting Dealers and BanksPDF
80 FR 21989 - Proposed Class Exemption for Principal Transactions in Certain Debt Securities between Investment Advice Fiduciaries and Employee Benefit Plans and IRAsPDF
80 FR 21960 - Proposed Best Interest Contract ExemptionPDF
80 FR 21928 - Definition of the Term “Fiduciary”; Conflict of Interest Rule-Retirement Investment AdvicePDF
80 FR 21659 - Amendments to Regulations Under the Americans With Disabilities ActPDF
80 FR 21645 - Airworthiness Directives; The Boeing Company AirplanesPDF
80 FR 21806 - Amendments for Small and Additional Issues Exemptions Under the Securities Act (Regulation A)PDF
80 FR 21639 - Airworthiness Directives; ATR-GIE Avions de Transport Régional AirplanesPDF

Issue

80 75 Monday, April 20, 2015 Contents Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Programs; Skilled Nursing Facilities: Prospective Payment System and Consolidated Billing FY 2016, Value-Based Purchasing Program, Quality Reporting Program and Staffing Data Collection, 22044-22086 2015-08944 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21720-21723 2015-09008 2015-09009 Central Central Intelligence Agency NOTICES Decennial Review of Operational Files Designations, 21704 2015-09022 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Volvo Ocean Race Newport, East Passage, Narragansett Bay, RI, 21670-21673 2015-08918 Commerce Commerce Department See

Economic Development Administration

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

See

National Telecommunications and Information Administration

Community Living Administration Community Living Administration NOTICES Applications for New Awards: National Institute on Disability, Independent Living and Rehabilitation Research—Rehabilitation Research and Training Centers, 21723-21727, 21733-21743 2015-09013 2015-09024 2015-09032 Final Priorities: National Institute on Disability, Independent Living and Rehabilitation Research—Rehabilitation Research and Training Centers, 21727-21733 2015-09028 2015-09034 2015-09016 Consumer Product Consumer Product Safety Commission NOTICES Privacy Act; Systems of Records, 21711-21712 2015-08999 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplements; Technical Amendments, 21656-21657 2015-08975 Defense Department Defense Department See

Defense Acquisition Regulations System

NOTICES Charter Renewals: Federal Advisory Committees, 21713-21715 2015-08977 Meetings: Board of Regents, Uniformed Services University of the Health Sciences, 21713 2015-08970 Defense Science Board, 21712-21713 2015-08973
Economic Development Economic Development Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Investment Assistance, 21704-21706 2015-09181 Employee Benefits Employee Benefits Security Administration PROPOSED RULES Best Interest Contract Exemptions, 21960-21989 2015-08832 Definition of the Term Fiduciary; Conflict of Interest Rule—Retirement Investment Advice, 21928-21960 2015-08831 Prohibited Transaction Exemptions; Proposed Amendments and Proposed Partial Revocations: Certain Transactions Involving Insurance Agents and Brokers, Pension Consultants, Insurance Companies, and Investment Company Principal Underwriters, 22010-22020 2015-08837 Securities Transactions Involving Employee Benefit Plans and Broker-Dealers; Prohibitions Respecting Certain Classes of Transactions Involving Employee Benefits Plans and Certain Broker-Dealers, Reporting Dealers and Banks, 22021-22035 2015-08838 Proposed Amendment to Prohibited Transaction Exemptions, Exemptions from Prohibitions Respecting Certain Classes of Transactions Involving Employee Benefit Plans and Certain Broker-Dealers, Reporting Dealers and Banks, 22004-22010 2015-08836 Proposed Amendments to Class Exemptions, 22035-22042 2015-08839 Proposed Class Exemptions: Principal Transactions in Certain Debt Securities between Investment Advice Fiduciaries and Employee Benefit Plans and IRAs, 21989-22004 2015-08833 Energy Department Energy Department See

Federal Energy Regulatory Commission

NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Portsmouth, 21715-21716 2015-08980 President's Council of Advisors on Science and Technology, 21715 2015-08981
Environmental Protection Environmental Protection Agency RULES Mandatory Greenhouse Gas Reporting; CFR Correction, 21650 2015-09121 State Hazardous Waste Management Programs: Vermont—Final Authorizations, 21650-21654 2015-08997 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Illinois; Illinois Power Holdings and AmerenEnergy Medina Valley Cogen Variance, 21681-21685 2015-08896 Wisconsin; Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO2, and 2010 SO2 NAAQS, 21685-21691 2015-09051 Clean Water Act Methods for the Analysis of Effluent, 21691 2015-08890 State Hazardous Waste Management Programs: Vermont, 21691-21692 2015-08996 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program, 21717-21718 2015-08983 OMB Responses, 21719 2015-08984 National Pollutant Discharge Elimination System General Permits: Discharges from Dewatering Activities in Massachusetts and New Hampshire—Dewatering General Permits, 21716-21717 2015-09015 Proposed Consent Decrees, Clean Air Act Citizen Suit, 21718-21719 2015-09012 Equal Equal Employment Opportunity Commission PROPOSED RULES Regulations under the Americans with Disabilities Act; Amendments, 21659-21670 2015-08827 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: ATR-GIE Avions de Transport Regional Airplanes, 21639-21645 2015-07162 The Boeing Company Airplanes, 21645-21649 2015-08407 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 21716 2015-08952 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21795-21796 2015-08931 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska Guide Service Evaluation, 21759-21760 2015-08976 Food and Drug Food and Drug Administration NOTICES Pilot Program for Center for Devices and Radiological Health Electronic Submission for Home Use Device Labeling, 21743-21744 2015-08957 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Transfer Order—Surplus Personal Property and Continuation Sheet, 21719-21720 2015-08994 Health and Human Health and Human Services Department See

Centers for Medicare & Medicaid Services

See

Community Living Administration

See

Food and Drug Administration

See

National Institutes of Health

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21744-21746 2015-08959 2015-08960
Homeland Homeland Security Department See

Coast Guard

See

Transportation Security Administration

See

U.S. Customs and Border Protection

Housing Housing and Urban Development Department NOTICES Consolidated Delegations of Authority: Office of Community Planning and Development, 21747-21750 2015-08949 Office of Housing—Federal Housing Administration, 21756-21759 2015-08946 Environmental Impact Statements; Availability, etc.: Coastal and Social Resiliency Initiatives for Tottenville Shoreline, Staten Island, NY, 21751-21754 2015-09007 Order of Succession: Office of Housing, 21750 2015-08947 Orders of Succession: Office of Community Planning and Development, 21755-21756 2015-08950 Section 8 Housing Assistance Payments Program: FY 2015 Inflation Factors for Public Housing Agency Renewal Funding, 21754-21755 2015-09011 Service Contract Inventories; FY 2013, 21750-21751 2015-08945 Interior Interior Department See

Fish and Wildlife Service

See

Land Management Bureau

See

National Park Service

See

Ocean Energy Management Bureau

Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21801-21802 2015-08905 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Melamine from the People's Republic of China, 21706-21707 2015-09004 Melamine from Trinidad and Tobago, 21708-21709 2015-09003 Quarterly Updates to the Annual Listing of Foreign Government Subsidies: Articles of Cheese Subject to an In-Quota Rate of Duty, 21709 2015-09030 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Sulfentrazone, Sulfentrazone Compositions and Processes for Making Sulfentrazone, 21762-21763 2015-08998 Meetings; Sunshine Act, 21763 2015-09174 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Explosives License/Permit Renewal Applications, 21766 2015-08987 Semi-Annual Progress Report for Grantees from the Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program, 21763-21764 2015-08988 Semi-Annual Progress Report for the Court Training and Improvements Program, 21764-21765 2015-08989 Semi-Annual Progress Report for the Semi-Annual Progress Report for Grantees from the Engaging Men and Youth Program, 21765-21766 2015-08990 Consent Decrees under the Clean Water Act and the Resource Conservation and Recovery Act, 21765 2015-09014 Labor Department Labor Department See

Employee Benefits Security Administration

Land Land Management Bureau NOTICES Management Plans: Owyhee Canyonlands Wilderness and Wild and Scenic Rivers, ID, 21761 2015-08928 Public Land Orders: Michigan—Revocation of the Withdrawal Established by Executive Order Dated August 24, 1842, 21760-21761 2015-08925 Legal Legal Services Corporation RULES Application of Federal Law to LSC Recipients, 21654-21656 2015-08974 PROPOSED RULES Recipient Fund Balances, 21700-21703 2015-08948 Use of Non-LSC Funds, Transfer of LSC Funds, Program Integrity; Subgrants and Membership Fees or Dues; Cost Standards and Procedures, 21692-21700 2015-08951 NASA National Aeronautics and Space Administration NOTICES Meetings: Aerospace Safety Advisory Panel, 21766-21767 2015-08913 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21796-21797 2015-08961 Buy America Waivers, 2015-08953 21797-21801 2015-08954 2015-08955 National Institute National Institutes of Health NOTICES Meetings: National Institute of Biomedical Imaging and Bioengineering, 21746 2015-08902 National Institute of Dental and Craniofacial Research, 21746 2015-08901 National Institute of Diabetes and Digestive and Kidney Diseases, 21746 2015-08900 National Oceanic National Oceanic and Atmospheric Administration NOTICES Statements of Organization, Practices, and Procedures: New England Fishery Management Council, 21710 2015-08969 National Park National Park Service PROPOSED RULES Gathering of Certain Plants or Plant Parts by Federally Recognized Indian Tribes for Traditional Purposes, 21674-21681 2015-08852 NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 21761-21762 2015-08936 National Science National Science Foundation NOTICES Charter Renewals: Advisory Committee for International Science and Engineering, 21767 2015-08967 Meetings: Advisory Committee for Education and Human Resources, 21767 2015-08966 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Commerce Spectrum Management Advisory Committee, 21710-21711 2015-08892 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment No. 8, Revision No. 1; Withdrawal, 21639 2015-09023 PROPOSED RULES Guidance: Alternate Risk-Informed Approach for Addressing the Effects of Debris on Post-Accident Long-Term Core Cooling, 21658-21659 2015-08964 NOTICES Guidance: Managing the Safety/Security Interface, 21770-21771 2015-08965 Sizing of Large Lead-Acid Storage Batteries, 21774-21775 2015-08963 License Amendment Applications: Department of Energy; Fort St. Vrain Independent Spent Fuel Storage Installation, 21772-21774 2015-09025 License Transfers: PPL Susquehanna, LLC, Susquehanna Steam Electric Station, Units 1 and 2, 21767-21769 2015-09029 Meetings; Sunshine Act, 21771-21772 2015-09243 Seismic Stability Analysis for Spent Fuel Dry Cask Stack-up Configuration, 21770 2015-08958 Ocean Energy Management Ocean Energy Management Bureau PROPOSED RULES Outer Continental Shelf: Oil and Gas and Sulphur Operations; Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf, 21670 2015-09035 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 21775-21776 2015-08930 Safety and Environment Safety and Environmental Enforcement Bureau PROPOSED RULES Outer Continental Shelf: Oil and Gas and Sulphur Operations; Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf, 21670 2015-09035 Securities Securities and Exchange Commission RULES Adoption of Updated EDGAR Filer Manual, 21649-21650 2015-08982 Small and Additional Issues Exemptions under the Securities Act, 21806-21925 2015-07305 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2015-08991 2015-08992 21784-21785, 21789-21790 2015-08993 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 21776-21778 2015-08942 BATS Y-Exchange, Inc., 21782-21784 2015-08939 NASDAQ OMX BX, Inc., 21790-21792 2015-08940 NASDAQ Stock Market LLC, 21778-21782 2015-08941 NYSE Arca, Inc., 21785-21789 2015-08943 Small Business Small Business Administration NOTICES Disaster Declarations: Connecticut, 21793 2015-08971 New York, 21792-21793 2015-08972 Oklahoma, 21793 2015-08962 Rhode Island, 21792 2015-08968 Trade Representative Trade Representative, Office of United States NOTICES WTO Dispute Settlements: Anti-Dumping and Countervailing Measures on Certain Coated Paper from Indonesia, 21794-21795 2015-09026 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Railroad Administration

See

National Highway Traffic Safety Administration

Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Law Enforcement Officer Flying Armed Training, 21747 2015-09027 Treasury Treasury Department See

Internal Revenue Service

NOTICES Requests for Nominations: Advisory Committee on Risk-Sharing Mechanisms to Voluntarily Reinsure Against Losses from Acts of Terrorism, 21802 2015-08978
Customs U.S. Customs and Border Protection NOTICES Tariff Rate Quota for Tuna in Airtight Containers for Calendar Year 2015, 21746-21747 2015-08979 U.S. China U.S.-China Economic and Security Review Commission NOTICES Public Hearing: U.S.-China Economic and Security Review Commission, 21802-21803 2015-08899 Separate Parts In This Issue Part II Securities and Exchange Commission, 21806-21925 2015-07305 Part III Labor Department, Employee Benefits Security Administration, 21928-22042 2015-08832 2015-08831 2015-08837 2015-08838 2015-08836 2015-08839 2015-08833 Part IV Health and Human Services Department, Centers for Medicare & Medicaid Services, 22044-22086 2015-08944 Reader Aids

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80 75 Monday, April 20, 2015 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2014-0233] RIN 3150-AJ47 List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment No. 8, Revision No. 1 AGENCY:

Nuclear Regulatory Commission.

ACTION:

Direct final rule; withdrawal.

SUMMARY:

The U.S. Nuclear Regulatory Commission (NRC) is withdrawing a direct final rule that would have amended the NRC's spent fuel storage regulations by revising the Holtec International HI-STORM 100 Cask System listing within the “List of approved spent fuel storage casks” to add Amendment No. 8, Revision No. 1. This rule would have superseded Amendment No. 8 (effective May 2, 2012, and corrected on November 16, 2012), to the Certificate of Compliance (CoC) No. 1014. The NRC is taking this action because it has received at least one significant adverse comment in response to a companion proposed rule that was concurrently published with the direct final rule.

DATES:

Effective April 20, 2015, the NRC withdraws the direct final rule published at 80 FR 6430 on February 5, 2015.

ADDRESSES:

Please refer to Docket ID NRC-2014-0233 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:

Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0233. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]

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

FOR FURTHER INFORMATION CONTACT:

Gregory R. Trussell, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6445; email: [email protected]

SUPPLEMENTARY INFORMATION:

On February 5, 2015 (80 FR 6430), the NRC published in the Federal Register a direct final rule amending its regulations in part 72 of Title 10 of the Code of Federal Regulations to amend the NRC's spent fuel storage regulations by revising the Holtec International HI-STORM 100 Cask System listing within the “List of approved spent fuel storage casks” to add Amendment No. 8, Revision No. 1, which would have superseded Amendment No. 8 (effective May 2, 2012, and corrected on November 16, 2012), to the Certificate of Compliance (CoC) No. 1014. The direct final rule was to become effective on April 21, 2015. The NRC also concurrently published a companion proposed rule on February 5, 2015 (80 FR 6466).

In the February 5, 2015, proposed rule, the NRC stated that if any significant adverse comments were received, then the NRC would withdraw the direct final rule by publishing a document in the Federal Register. As a result, the direct final rule would not take effect. The NRC received 16 comments from private citizens. The comments are available at www.regulations.gov by searching on Docket ID NRC-2014-0233. The NRC determined that at least one of the comments is significant and adverse as defined in Section II, “Procedural Background,” of the direct final rule, because the comment raises an issue serious enough to warrant a substantive response to clarify or complete the record. Therefore, the NRC is withdrawing the direct final rule.

As stated in the February 5, 2015, proposed rule, the NRC will address the comments in a subsequent final rule. The NRC will not initiate a second comment period on this action.

Dated at Rockville, Maryland, this 10th day of April, 2015.

For the Nuclear Regulatory Commission.

Mark A. Satorius, Executive Director for Operations.
[FR Doc. 2015-09023 Filed 4-17-15; 8:45 am] BILLING CODE 7590-01-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0497; Directorate Identifier 2012-NM-192-AD; Amendment 39-18128; AD 2015-06-10] RIN 2120-AA64 Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes AGENCY:

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

ACTION:

Final rule; request for comments.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain ATR-GIE Avions de Transport Régional Model ATR72-212A airplanes. This AD requires inspection of the shock mount pick-up fittings and cone bolts, and replacement of certain shock mount pick-up fittings if necessary. This AD was prompted by reports of several cases of engine shock mount pick-up fittings with cracks or failure on the engine left-hand (LH) aft side attachment. We are issuing this AD to detect and correct an aft side attachment pick-up fitting failure associated with a cone bolt failure that could reduce the structural integrity of the concerned engine nacelle, and possibly result in detachment of the engine and consequent reduced control of the airplane.

DATES:

This AD becomes effective May 5, 2015.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of May 5, 2015.

We must receive comments on this AD by June 4, 2015.

ADDRESSES:

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

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

• Fax: 202-493-2251.

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

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

For service information identified in this AD, contact ATR-GIE Avions de Transport Régional, 1, Allée Pierre Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33 (0) 5 62 21 67 18; email [email protected]; Internet http://www.aerochain.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0497.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0497; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1149.

SUPPLEMENTARY INFORMATION: Discussion

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2012-0192, dated September 21, 2012 (corrected September 24, 2012) (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain ATR-GIE Avions de Transport Régional Model ATR72-212A airplanes. The MCAI states:

Several cases of engine shock mount pick-up fitting with crack or failure have been reported, always on engine Left Hand (LH) aft side attachment. Prompted by those reports, improved Part Number (P/N) S54210394200 (Barry Control P/N 94423-05) fittings (machined radius modification) have been introduced in production, having serial number (s/n) 2451 and higher. No crack has been reported on aeroplanes equipped with those improved fittings.

Two recent cases of failed cone bolt have been reported on ATR 72-212A aeroplanes, both on engine Right Hand (RH) aft side isolator.

An aft side attachment pick-up fitting failure associated to a cone bolt failure, if not detected and corrected, could reduce the structural integrity of the concerned engine nacelle, possibly resulting in detachment of the engine and consequent reduced control of the aeroplane.

For the reasons described above, this [EASA] AD requires a one-time [detailed] inspection [for cracks] of the shock mount pick-up fittings and cone bolts and, depending on findings, accomplishment of applicable repair. This AD also requires replacement of all LH shock mount pick-up fitting P/N S54210394200 having a s/n lower than 2451.

You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0497.

Related Service Information Under 1 CFR Part 51

ATR-GIE Avions de Transport Régional (ATR) has issued the following service information. The service information describes procedures for a detailed visual inspection of the engine shock mounts. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI.

• ATR ATR72 airplane maintenance manual (AMM) Job Instruction Card 54-11-61 DVI 10000, Detailed Visual Inspection of Forward Engine Mount, dated March 1, 2012.

• ATR ATR72 AMM Job Instruction Card 71-20-00 DVI 10000, Detailled (sic) Visual Inspec[tion] of Engine Shockmounts, dated March 1, 2012.

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

FAA's Determination and Requirements of This AD

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

FAA's Determination of the Effective Date

Since there are currently no domestic operators of this product, notice and opportunity for public comment before issuing this AD are unnecessary.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-0497; Directorate Identifier 2012-NM-192-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD based on those comments.

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

Costs of Compliance

Currently, there are no affected airplanes on the U.S. Register. However, if an affected airplane is imported and placed on the U.S. Register in the future, we estimate that it will take about 3 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $255 per product.

Paperwork Reduction Act

A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB control number. The control number for the collection of information required by this AD is 2120-0056. The paperwork cost associated with this AD has been detailed in the Costs of Compliance section of this document and includes time for reviewing instructions, as well as completing and reviewing the collection of information. Therefore, all reporting associated with this AD is mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at 800 Independence Ave., SW., Washington, DC 20591, ATTN: Information Collection Clearance Officer, AES-200.

Authority for This Rulemaking

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

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

Regulatory Findings

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

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

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

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

3. Will not affect intrastate aviation in Alaska; and

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2015-06-10 ATR-GIE Avions de Transport Régional: Amendment 39-18128. Docket No. FAA-2015-0497; Directorate Identifier 2012-NM-192-AD. (a) Effective Date

This AD becomes effective May 5, 2015.

(b) Affected ADs

None.

(c) Applicability

This AD applies to ATR-GIE Avions de Transport Régional Model ATR72-212A airplanes, certificated in any category, manufacturer serial numbers 468 through 719 inclusive, 723, 776, 777, 779, 821, and 837.

(d) Subject

Air Transport Association (ATA) of America 54, Nacelles/Pylons.

(e) Reason

This AD was prompted by reports of several cases of engine shock mount pick-up fittings with cracks or failure on the engine left-hand (LH) aft side attachment. We are issuing this AD to detect and correct an aft side attachment pick up fitting failure associated with a cone bolt failure that could reduce the structural integrity of the concerned engine nacelle, and possibly result in detachment of the engine and consequent reduced control of the airplane.

(f) Compliance

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

(g) Engine Shock Mount Pick-up Fittings Inspection

Within 6 months after the effective date of this AD, accomplish the actions specified by paragraphs (g)(1), (g)(2), and (g)(3) of this AD concurrently.

(1) Identify the serial number (S/N) of the part number (P/N) S54210394200 (Barry Control P/N 94423-05) LH and right-hand (RH) shock mount pick-up fittings installed on both engine nacelles. Figure 1 to paragraph (g)(1) of this AD identifies the fitting part number and serial number locations.

BILLING CODE 4910-13-C ER20AP15.002

(2) Do a detailed inspection of both LH and RH aft side isolator pick-up fittings on both engines to detect cracks, in accordance with paragraph 004.1 of ATR ATR72 Aircraft Maintenance Manual (AMM) Job Instruction Card (JIC) 54-11-61 DVI 10000, dated March 1, 2012. Refer to figure 2 to paragraph (g)(2) of this AD for potential crack location.

ER20AP15.003

(3) Do a detailed inspection of both LH and RH aft shock mount cone bolts on both engines to detect cracks, in accordance with paragraph 006.3.A. of ATR ATR72 AMM JIC 71-20-00 DVI 10000. Refer to figure 3 to paragraph (g)(3) of this AD for potential crack location.

ER20AP15.004 (h) Corrective Actions

(1) If any crack is found during any inspection required by paragraphs (g)(2) and (g)(3) of this AD: Before further flight, repair in accordance with a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or ATR's EASA Design Organization Approval (DOA).

(2) If the serial number of the LH shock mount pick-up fitting, identified during any inspection required by paragraph (g)(1) of this AD, is lower than 2451 or is unreadable, and no crack has been found during any inspection required by paragraphs (g)(2) and (g)(3) of this AD: Within 6 months after the inspection required by paragraph (g)(2) of this AD, replace the LH shock mount pick-up fitting P/N S54210394200 with a serviceable LH shock mount pick-up fitting having a serial number equal to or higher than 2451, in accordance with a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or ATR—GIE Avions de Transport Régional's EASA DOA.

(i) Parts Installation Limitation

As of the effective date of this AD, do not install on any airplane a LH shock mount pick-up fitting P/N S54210394200, unless it is serviceable and has been determined to have an S/N equal to or higher than 2451, in accordance with the requirements of paragraph (g)(1) of this AD.

(j) Reporting Requirement

Submit a report of the findings (both positive and negative) of the inspections required by paragraphs (g)(1), (g)(2), and (g)(3) of this AD to ATR at [email protected] and [email protected] at the applicable time specified in paragraph (j)(1) or (j)(2) of this AD. The report must include the airplane serial number, registration, inspection date, inspection results, and engine pick-up serial numbers.

(1) If the inspection was done on or after the effective date of this AD: Submit the report within 30 days after the inspection.

(2) If the inspection was done before the effective date of this AD: Submit the report within 30 days after the effective date of this AD.

(k) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1149. Information may be emailed to: [email protected] Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

(2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or ATR-GIE Avions de Transport Régional's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature.

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

(l) Related Information

(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2012-0192, dated September 21, 2012 (corrected September 24, 2012), for related information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0497.

(2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (m)(3) and (m)(4) of this AD.

(m) Material Incorporated by Reference

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

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

(i) ATR ATR72 Airplane Maintenance Manual (AMM) Job Instruction Card 54-11-61 DVI 10000, Detailed Visual Inspection of Forward Engine Mount, dated March 1, 2012.

(ii) ATR ATR72 AMM Job Instruction Card 71-20-00 DVI 10000, Detailled (sic) Visual Inspec[tion] of Engine Shockmounts, dated March 1, 2012.

(3) For service information identified in this AD, contact ATR—GIE Avions de Transport Régional, 1, Allée Pierre Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33 (0) 5 62 21 67 18; email [email protected]; Internet http://www.aerochain.com.

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

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

Issued in Renton, Washington, on March 19, 2015. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-07162 Filed 4-17-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2011-0475; Directorate Identifier 2010-NM-199-AD; Amendment 39-18137; AD 2015-08-01] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 757-200, -200PF, -200CB, and -300 series airplanes. This AD was prompted by numerous reports of unintended lateral oscillations during final approach, just before landing. This AD requires, depending on airplane configuration, installing new relays and bracket assemblies, inspecting to ensure that the new relays do not contact adjacent wire bundles, torquing the bracket assembly installation nuts and ground stud nuts, doing bond resistance tests between the bracket assemblies and the terminal lugs on the ground studs, and related investigative and corrective actions if necessary. We are issuing this AD to reduce the chance of unintended lateral oscillations near touchdown, which could result in loss of lateral control of the airplane, and consequent airplane damage or injury to flightcrew and passengers.

DATES:

This AD is effective May 26, 2015.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of May 26, 2015.

ADDRESSES:

For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA 2011-0475.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2011-0475; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Jeffrey Palmer, Aerospace Engineer, Systems and Equipment Branch, ANM-130L, Los Angeles Aircraft Certification Office (ACO), FAA, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5351; fax: 562-627-5210; email: [email protected]

SUPPLEMENTARY INFORMATION: Discussion

We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 757-200, -200PF, -200CB, and -300 series airplanes. The SNPRM published in the Federal Register on July 1, 2014 (79 FR 37239). We preceded the SNPRM with a notice of proposed rulemaking (NPRM) that published in the Federal Register on May 24, 2011 (76 FR 30043). The NPRM proposed to require, for certain airplanes, installing new relays adjacent to two of the spoiler control modules. For certain other airplanes, the NPRM proposed to require torquing the bracket assembly installation nuts and ground stud nuts, and doing bond resistance tests between the bracket assemblies and the terminal lugs on the ground studs. The NPRM was prompted by numerous reports of unintended lateral oscillations during final approach, just before landing. In addition to the actions proposed in the NPRM, the SNPRM proposed to require installing three new relays on the opposite side of the same relay bracket assembly; and for certain airplanes, doing an additional inspection to ensure that the three new relays do not contact adjacent wire bundles, and related investigative and corrective actions if necessary. We are issuing this AD to reduce the chance of unintended lateral oscillations near touchdown, which could result in loss of lateral control of the airplane, and consequent airplane damage or injury to flightcrew and passengers.

Comments

We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the SNPRM (79 FR 37239, July 1, 2014) and the FAA's response to each comment.

Support for the SNPRM (79 FR 37239, July 1, 2014)

American Airlines (AAL) stated that it agrees with the intent of the SNPRM (79 FR 37239, July 1, 2014). Boeing stated that it agrees with the NPRM (76 FR 30043, May 24, 2011). We infer that Boeing's comment refers to the SNPRM.

Request To Withdraw the SNPRM (79 FR 37239, July 1, 2014)

United Airlines (United Engineering) requested data to justify the release of a new AD. United Engineering stated that it has not received any reports of pilot-induced oscillations since implementation of AD 2006-23-15, Amendment 39-14827 (71 FR 66657, November 16, 2006). United Engineering stated that AD 2006-23-15 requires, among other actions, installing a control wheel damper assembly and vortex generators (vortilons) on the leading edge of the outboard main flap. United Engineering also stated that the required work is extensive and that the impact to operations and the cost of this modification is considerable.

From these statements, we infer that United Engineering requested we withdraw the SNPRM (79 FR 37239, July 1, 2014). We do not agree with the commenter's request to withdraw the SNPRM. AD 2006-23-15, Amendment 39-14827 (71 FR 66657, November 16, 2006), was considered interim action. To effectively manage the risk, the FAA determined an interim action needed to be mandated to reduce the risk, while a solution that fully addresses the unsafe condition was identified and could be implemented.

The manufacturer has identified an additional modification that is needed to correct the unsafe condition identified in AD 2006-23-15. We have determined that this design change not only corrects the unsafe condition by removing excessive airplane roll authority during landing, but it will also improve safety by making the Model 757 handling characteristics more consistent with the other Boeing airplane models. Also, even though there have only been 12 reports of unintended lateral oscillations near touchdown, the FAA considers it likely that there may have been other events that have been unrecognized and/or unreported.

Finally, in developing the compliance time for this AD, we did consider not only the safety implications of the identified unsafe condition, but also the practical aspects of an orderly modification of the fleet including the work required and the impact on operations. We have determined that it is necessary to proceed with this AD action.

Request To Delay Final Rule Pending Revised Service Information

AAL requested that we delay this final rule until Boeing releases Boeing Service Bulletin 757-27A0152, Revision 4. AAL noted that Boeing intended to release Boeing Service Bulletin 757-27A0152, Revision 4, which would address its concerns regarding certain procedures and figures in Boeing Service Bulletin 757-27A0152, Revision 1, Dated June 30, 2010.

Since the issuance of the SNPRM (79 FR 37239, July 1, 2014), Boeing has issued Service Bulletin 757-27A0152, Revision 4, dated August 26, 2014. We have revised this AD to incorporate Boeing Service Bulletin 757-27A0152, Revision 4, dated August 26, 2014, as an appropriate source of service information for accomplishing the actions required by this AD. This service bulletin includes a change to a footnote listed in Figures 15, 16, 17, 19, and 21; this footnote addresses AAL's concerns regarding certain procedures and figures in Boeing Service Bulletin 757-27A0152, Revision 1, dated June 30, 2010. Boeing Service Bulletin 757-27A0152, Revision 4, dated August 26, 2014, states that no more work is necessary on airplanes changed in accordance with Boeing Service Bulletin 757-27A0152, Revision 2, dated May 25, 2012; or Boeing Service Bulletin 757-27A0152, Revision 3, dated October 28, 2013.

We have changed paragraphs (c) and (g) of this AD to reference Boeing Service Bulletin 757-27A0152, Revision 3, dated October 28, 2013, as revised by Boeing Service Bulletin 757-27A0152, Revision 4, dated August 26, 2014.

Effect of Winglets on AD

Aviation Partners Boeing stated that the installation of winglets per Supplemental Type Certificate (STC) ST01518SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/312bc296830a925c86257c85006d1b1f/$FILE/ST01518SE.pdf) does not affect the accomplishment of the manufacturer's service instructions. No change is necessary to this AD in this regard.

Related Service Information Under 1 CFR Part 51

We reviewed Boeing Service Bulletin 757-27A0152, Revision 3, dated October 28, 2013, which describes procedures for installing new relays; inspecting to ensure that the new relays do not contact adjacent wire bundles, and related investigative and corrective actions if necessary; torquing the bracket assembly installation nuts and ground stud nuts; and doing bond resistance tests between the bracket assemblies and the terminal lugs on the ground studs.

We have also reviewed Boeing Service Bulletin 757-27A0152, Revision 4, dated August 26, 2014, which provides some revised text in footnotes of certain figures.

This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this AD.

Conclusion

We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the changes described and minor editorial changes. We have determined that these minor changes:

• Are consistent with the intent that was proposed in the SNPRM (79 FR 37239, July 1, 2014) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the SNPRM (79 FR 37239, July 1, 2014).

We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD.

Costs of Compliance

We estimate that this AD affects 676 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S.
  • operators
  • Installation Group 1, Configuration 1 (48 airplanes) 36 work-hours × $85 per hour = $3,060 $4,691 $7,751 $372,048. Installation Group 2, Configuration 1 (588 airplanes) 33 work-hours × $85 per hour = $2,805 4,610 7,415 4,360,020. Installation Group 3, Configuration 1 (12 airplanes) 33 work-hours × $85 per hour = $2,805 4,619 7,424 89,088. Installation Group 4, Configuration 1 (24 airplanes) 33 work-hours × $85 per hour = $2,805 4,610 7,415 177,960. Installation Group 5, Configuration 1 (4 airplanes) 36 work-hours × $85 per hour = $3,060 4,701 7,761 31,044. Torque Bracket Assembly and Bond Tests Groups 1-5, Configuration 2 (Up to 676 airplanes) 12 work-hours × $85 per hour = $1,020 0 Up to $1,020 Up to $689,520. General Visual Inspection Groups 1-5, Configuration 3 (Up to 676 airplanes) 7 work-hours × $85 per hour = $595 0 Up to $595 Up to $402,220.

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

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Adjust Wire Bundle and Install Sleeve, Group 1-5, Configuration 1 1 work-hour × $85 per hour = $85 $0 $85 Inspection, Repair, and Installation Change, Group 1-5, Configuration 2 1 work-hour × $85 per hour = $85 0 85 Inspection, Repair, Installation Change, and Test, Group 1-5, Configuration 3 5 work-hours × $85 per hour = $425 0 425

    We have received no definitive data that would enable us to provide cost estimates for the parts needed for the on-condition actions specified in this AD.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2015-08-01 The Boeing Company: Amendment 39-18137; Docket No. FAA-2011-0475; Directorate Identifier 2010-NM-199-AD. (a) Effective Date

    This AD is effective May 26, 2015.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200PF, -200CB, and -300 series airplanes; certificated in any category; as identified in Boeing Service Bulletin 757-27A0152, Revision 3, dated October 28, 2013, as revised by Boeing Service Bulletin 757-27A0152, Revision 4, dated August 26, 2014.

    (d) Subject

    Air Transport Association (ATA) of America Code 27, Flight Controls.

    (e) Unsafe Condition

    This AD was prompted by numerous reports of unintended lateral oscillations during the final approach, just before landing. We are issuing this AD to reduce the chance of unintended lateral oscillations near touchdown, which could result in loss of lateral control of the airplane, and consequent airplane damage or injury to flightcrew and passengers.

    (f) Compliance

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

    (g) Installation and Inspection

    Within 60 months after the effective date of this AD, do the applicable actions specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD.

    (1) For Configuration 1 airplanes defined in Boeing Service Bulletin 757-27A0152, Revision 3, dated October 28, 2013, as revised by Boeing Service Bulletin 757-27A0152, Revision 4, dated August 26, 2014: Install three bracket assemblies and three new relays, and make changes to the wire bundles, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 757-27A0152, Revision 3, dated October 28, 2013, as revised by Boeing Service Bulletin 757-27A0152, Revision 4, dated August 26, 2014.

    (2) For Configuration 2 airplanes defined in Boeing Service Bulletin 757-27A0152, Revision 3, dated October 28, 2013, as revised by Boeing Service Bulletin 757-27A0152, Revision 4, dated August 26, 2014: Torque the bracket assembly nuts and ground stud nuts, do bond resistance tests to verify that bonding requirements are met, do a general visual inspection to ensure that the three new relays do not touch the adjacent wire bundles, and do all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 757-27A0152, Revision 3, dated October 28, 2013, as revised by Boeing Service Bulletin 757-27A0152, Revision 4, dated August 26, 2014. Do all applicable related investigative and corrective actions before further flight.

    (3) For Configuration 3 airplanes defined in Boeing Service Bulletin 757-27A0152, Revision 3, dated October 28, 2013, as revised by Boeing Service Bulletin 757-27A0152, Revision 4, dated August 26, 2014: Do a general visual inspection to ensure that the three new relays do not touch the adjacent wire bundles, and do all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 757-27A0152, Revision 3, dated October 28, 2013, as revised by Boeing Service Bulletin 757-27A0152, Revision 4, dated August 26, 2014. Do all applicable related investigative and corrective actions before further flight.

    (h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Boeing Service Bulletin 757-27A0152, Revision 2, dated May 25, 2012 (which is not incorporated by reference in this AD); or Boeing Service Bulletin 757-27A0152, Revision 3, dated October 28, 2013.

    (i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (j)(1) of this AD. Information may be emailed to: [email protected]

    (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

    (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Los Angeles ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane and the approval must specifically refer to this AD.

    (j) Related Information

    (1) For more information about this AD, contact Jeffrey Palmer, Aerospace Engineer, Systems and Equipment Branch, ANM-130L, Los Angeles Aircraft Certification Office (ACO), FAA, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5351; fax: 562-627-5210; email: [email protected]

    (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (k)(3) and (k)(4) of this AD.

    (k) Material Incorporated by Reference

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

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

    (i) Boeing Service Bulletin 757-27A0152, Revision 3, dated October 28, 2013.

    (ii) Boeing Service Bulletin 757-27A0152, Revision 4, dated August 26, 2014.

    (3) For Boeing service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.

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

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

    Issued in Renton, Washington, on April 3, 2015. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-08407 Filed 4-17-15; 08:45 am] BILLING CODE 4910-13-P
    SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 232 [Release Nos. 33-9746; 34-74714; 39-2502; IC-31551] Adoption of Updated EDGAR Filer Manual AGENCY:

    Securities and Exchange Commission.

    ACTION:

    Final rule.

    SUMMARY:

    The Securities and Exchange Commission (the Commission) is adopting revisions to the Electronic Data Gathering, Analysis, and Retrieval System (EDGAR) Filer Manual and related rules to reflect updates to the EDGAR system. The updates are being made primarily to support the 2015 US GAAP financial reporting and 2015 EXCH taxonomies; add new form types for registration of Security-based swap data repositories (SDR); revise the Form ID Application Confirmation screen; remove references to the Paper Form ID; and revise Item 1 on submission form type MA-A. The EDGAR system was upgraded to support the new 2015 taxonomies and revised MA-A form functionalities on March 9, 2015. The EDGAR system is scheduled to be upgraded to support the other functionalities on April 13, 2015.

    DATES:

    Effective April 20, 2015. The incorporation by reference of the EDGAR Filer Manual is approved by the Director of the Federal Register as of April 20, 2015.

    FOR FURTHER INFORMATION CONTACT:

    In the Division of Trading and Markets, for questions concerning Form SDR and the revisions for Form MA-A, contact Kathy Bateman at (202) 551-4345, and in the Office of Information Technology, contact Tammy Borkowski at (202) 551-7208.

    SUPPLEMENTARY INFORMATION:

    We are adopting an updated EDGAR Filer Manual, Volume I and Volume II. The Filer Manual describes the technical formatting requirements for the preparation and submission of electronic filings through the EDGAR system.1 It also describes the requirements for filing using EDGARLink Online and the Online Forms/XML Web site.

    1 We originally adopted the Filer Manual on April 1, 1993, with an effective date of April 26, 1993. Release No. 33-6986 (April 1, 1993) [58 FR 18638]. We implemented the most recent update to the Filer Manual on December 15, 2014. See Release No. 33-9692 (December 23, 2014) [79 FR 76878].

    The revisions to the Filer Manual reflect changes within Volume I entitled EDGAR Filer Manual, Volume I: “General Information,” Version 20 (April 2015), and Volume II entitled EDGAR Filer Manual, Volume II: “EDGAR Filing,” Version 30 (April 2015). The updated manual will be incorporated by reference into the Code of Federal Regulations.

    The Filer Manual contains all the technical specifications for filers to submit filings using the EDGAR system. Filers must comply with the applicable provisions of the Filer Manual in order to assure the timely acceptance and processing of filings made in electronic format.2 Filers may consult the Filer Manual in conjunction with our rules governing mandated electronic filing when preparing documents for electronic submission.3

    2See Rule 301 of Regulation S-T (17 CFR 232.301).

    3See Release No. 33-9692 in which we implemented EDGAR Release 14.3. For additional history of Filer Manual rules, please see the cites therein.

    The EDGAR system will be upgraded to Release 15.1 on April 13, 2015 and will introduce the following changes:

    EDGAR will be updated to add new submission form types SDR, SDR/A, SDR-A, and SDR-W. These submission form types can be accessed by selecting the “File SDR” link on the EDGAR Filing Web site. Additionally, applicants may construct XML submissions for these submission types by following the “EDGAR SDR XML Technical Specification” document available on the SEC's Public Web site (http://www.sec.gov/info/edgar.shtml).

    Submission form types SDR, SDR/A, SDR-A, and SDR-W will include the “Request Confidentiality” check box to allow applicants to select which information to request confidential treatment. After a Form SDR is submitted, SEC staff will review the submission and make a determination of whether the information for which confidential treatment is requested should be made public. EDGAR will disseminate only the content and attached exhibits of the submission that the SEC staff has determined to be public.

    The “Form ID Application Confirmation” screen will display four additional labels: “Signature of Authorized Person,” “Printed Name of Signature,” “Title of Person Signing,” and “Notary Signature & Seal to be Placed Here.” This screen will also be updated to include a “Print Window” button to print the completed online Form ID application. The printed application can be signed and notarized by the filer to serve as the authentication document when applying for EDGAR access.

    All references to the Paper Form ID have been removed from the Filer Manual. Filers can print the electronic Form ID and use this as the authentication document as explained above.

    EDGAR was updated to support the 2015 US GAAP financial reporting taxonomy and the 2015 EXCH taxonomy. A complete listing of supported standard taxonomies is available on http://www.sec.gov/info/edgar/edgartaxonomies.shtml.

    Item 1 “Identifying Information” on submission type MA-A was updated for the following question: “Changes: Are there any changes in this annual update to information provided in the municipal advisor's most recent Form MA, other than the updated Execution Page?” If filers select “No” as a response to the question, then all fields will be disabled on submission type MA-A with the exception of “Execution” and “Filer Information” tabs and the “Fiscal Year End Information” field on Item 1. Alternatively, if filers select “Yes” to the question, then they must update applicable items on submission type MA-A.

    Along with the adoption of the Filer Manual, we are amending Rule 301 of Regulation S-T to provide for the incorporation by reference into the Code of Federal Regulations of today's revisions. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

    The updated EDGAR Filer Manual will be available for Web site viewing and printing; the address for the Filer Manual is http://www.sec.gov/info/edgar.shtml. You may also obtain paper copies of the EDGAR Filer Manual from the following address: Public Reference Room, U.S. Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m.

    Since the Filer Manual and the corresponding rule changes relate solely to agency procedures or practice, publication for notice and comment is not required under the Administrative Procedure Act (APA).4 It follows that the requirements of the Regulatory Flexibility Act 5 do not apply.

    4 5 U.S.C. 553(b).

    5 5 U.S.C. 601-612.

    The effective date for the updated Filer Manual and the rule amendments is April 20, 2015. In accordance with the APA,6 we find that there is good cause to establish an effective date less than 30 days after publication of these rules. The EDGAR system upgrade to Release 15.1 is scheduled to become available on April 13, 2015. The Commission believes that establishing an effective date less than 30 days after publication of these rules is necessary to coordinate the effectiveness of the updated Filer Manual with the system upgrade.

    6 5 U.S.C. 553(d)(3).

    Statutory Basis

    We are adopting the amendments to Regulation S-T under Sections 6, 7, 8, 10, and 19(a) of the Securities Act of 1933,7 Sections 3, 12, 13, 14, 15, 23, and 35A of the Securities Exchange Act of 1934,8 Section 319 of the Trust Indenture Act of 1939,9 and Sections 8, 30, 31, and 38 of the Investment Company Act of 1940.10

    7 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).

    8 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll.

    9 15 U.S.C. 77sss.

    10 15 U.S.C. 80a-8, 80a-29, 80a-30, and 80a-37.

    List of Subjects in 17 CFR Part 232

    Incorporation by reference, Reporting and recordkeeping requirements, Securities.

    Text of the Amendment

    In accordance with the foregoing, Title 17, Chapter II of the Code of Federal Regulations is amended as follows:

    PART 232—REGULATION S-T—GENERAL RULES AND REGULATIONS FOR ELECTRONIC FILINGS 1. The authority citation for Part 232 continues to read in part as follows: Authority:

    15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 77z-3, 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c), 80a-8, 80a-29, 80a-30, 80a-37, and 7201 et seq.; and 18 U.S.C. 1350.

    2. Section 232.301 is revised to read as follows:
    § 232.301 EDGAR Filer Manual.

    Filers must prepare electronic filings in the manner prescribed by the EDGAR Filer Manual, promulgated by the Commission, which sets out the technical formatting requirements for electronic submissions. The requirements for becoming an EDGAR Filer and updating company data are set forth in the updated EDGAR Filer Manual, Volume I: “General Information,” Version 20 (April 2015). The requirements for filing on EDGAR are set forth in the updated EDGAR Filer Manual, Volume II: “EDGAR Filing,” Version 30 (April 2015). Additional provisions applicable to Form N-SAR filers are set forth in the EDGAR Filer Manual, Volume III: “N-SAR Supplement,” Version 4 (October 2014). All of these provisions have been incorporated by reference into the Code of Federal Regulations, which action was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You must comply with these requirements in order for documents to be timely received and accepted. The EDGAR Filer Manual is available for Web site viewing and printing; the address for the Filer Manual is http://www.sec.gov/info/edgar.shtml. You can obtain paper copies of the EDGAR Filer Manual from the following address: Public Reference Room, U.S. Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. You can also inspect the document at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    By the Commission.

    April 13, 2015. Brent J. Fields, Secretary.
    [FR Doc. 2015-08982 Filed 4-17-15; 8:45 am] BILLING CODE 8011-01-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 98 Mandatory Greenhouse Gas Reporting CFR Correction

    In Title 40 of the Code of Federal Regulations, Parts 96 to 99, revised as of July 1, 2014, on page 859, in § 98.244, reinstate paragraph (b)(4)(ix) to read as follows:

    § 98.244 Monitoring and QA/QC requirements.

    (b) * * *

    (4) * * *

    (ix) Method 18 at 40 CFR part 60, appendix A-6.

    [FR Doc. 2015-09121 Filed 4-17-15; 8:45 am] BILLING CODE 1505-01-D
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA-R01-RCRA-2015-0195; FRL-9926-54-Region 1] Vermont: Final Authorization of State Hazardous Waste Management Program Revisions AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The State of Vermont has applied to EPA for Final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization, and is authorizing the State's changes through this direct final action.

    DATES:

    This rule is effective on June 19, 2015 without further notice, unless EPA receives adverse written comment by May 20, 2015. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect, unless and until the public comment is considered and another final rulemaking document is issued.

    ADDRESSES:

    Submit any comments, identified by Docket ID No. EPA-R01-RCRA-2015-0195, by one of the following methods:

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

    Email: [email protected].

    Fax: (617) 918-0647, to the attention of Sharon Leitch.

    Mail: Sharon Leitch, RCRA Waste Management and UST Section, Office of Site Remediation and Restoration (OSRR07-1), US EPA Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109-3912.

    Hand Delivery: Sharon Leitch, RCRA Waste Management and UST Section, Office of Site Remediation and Restoration (OSRR07-1), US EPA Region 1, 5 Post Office Square, 7th floor, Boston, MA 02109-3912. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information. Please contact Sharon Leitch at (617) 918-1647.

    Instructions: Direct your comments to Docket ID No. EPA-R01-RCRA-2015-0195. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

    Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information might not be publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, might 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 Region 1 Library, 5 Post Office Square, 1st floor, Boston, MA 02109-3912; by appointment only; tel: (617) 918-1990.

    FOR FURTHER INFORMATION CONTACT:

    Sharon Leitch, RCRA Waste Management and UST Section, Office of Site Remediation and Restoration, (Mail Code: OSRR07-1), EPA Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109-3912; telephone number: (617) 918-1647; fax number (617) 918-0647; email address: [email protected].

    SUPPLEMENTARY INFORMATION: A. Why are revisions to State programs necessary?

    States which have received final authorization from EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal program. As the Federal program changes, States must change their programs and ask EPA to authorize the changes. Changes to State programs may be necessary when Federal or State statutory or regulatory authority is modified or when certain other changes occur. Most commonly, States must change their programs because of changes to EPA's regulations in Title 40 of the Code of Federal Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279. When states make other changes to their regulations, it also often is appropriate for the states to seek authorization of the changes.

    B. What decisions have we made in this rule?

    We have concluded that Vermont's application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we grant Vermont Final authorization to operate its hazardous waste program with the changes described in the authorization application. Vermont has responsibility for permitting treatment, storage, and disposal facilities (TSDFs) within its borders and for carrying out the aspects of the RCRA program covered by its revised program application, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal requirements and prohibitions imposed by Federal regulations that EPA promulgates under the authority of HSWA take effect in authorized States before they are authorized for the requirements. Thus, EPA will implement any such requirements and prohibitions in Vermont, including issuing permits, until the State is granted authorization to do so.

    C. What is the effect of today's authorization decision?

    The effect of this decision is that a facility in Vermont subject to RCRA will now have to comply with the authorized State requirements instead of the Federal requirements governing the operation of the wastewater evaporation units subject to the state regulations, in order to comply with RCRA. Vermont has enforcement responsibilities under its State hazardous waste program for violations of such program, but EPA also retains its full authority under RCRA sections 3007, 3008, 3013, and 7003, which includes, among others, authority to:

    • Perform inspections, and require monitoring, tests, analyses or reports

    • Enforce RCRA requirements and suspend or revoke permits

    • Take enforcement actions

    This action does not impose additional requirements on the regulated community because the regulations for which Vermont is being authorized by this action are already effective under state law, and are not changed by this action.

    D. Why is EPA using a direct final rule?

    EPA is publishing this rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. However, in the “Proposed Rules” section of this Federal Register, we are publishing a separate document that will serve as the proposed rule to authorize the State program changes if adverse comments are received on this direct final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Further information about commenting on this rule, see the ADDRESSES section of this document.

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

    E. What has Vermont previously been authorized for?

    The State of Vermont initially received Final authorization on January 7, 1985, with an effective date of January 21, 1985 (50 FR 775) to implement the RCRA hazardous waste management program. The Region published an immediate final rule for certain revisions to Vermont's program on May 3, 1993 (58 FR 26242) and reopened the comment period for these revisions on June 7, 1993 (58 FR 31911). This authorization became effective August 6, 1993 (see 58 FR 31911). The Region granted authorization for further revisions to Vermont's program on September 24, 1999 (64 FR 51702), effective November 23, 1999. On October 18, 1999 (64 FR 46174) the Region published a correction to the immediate final rule that was published on September 24, 1999. The Region granted authorization for further revisions to Vermont's program on October 26, 2000, effective December 26, 2000 (65 FR 64164). That Federal Register also made a technical correction. On June 23, 2005 (70 FR 36350) the Region published an immediate final rule for additional revisions to Vermont's program. This authorization became effective on August 22, 2005. The Region granted authorization for further revisions to Vermont's program on March 16, 2007 (72 FR 12568), which became effective on May 15, 2007. The Region granted authorization for further revisions to Vermont's program on December 31, 2013 (78 FR 79615), which became effective on March 3, 2014.

    F. What changes are we authorizing with today's action?

    On January 16, 2015, Vermont submitted a final complete program revision application, seeking authorization for their changes in accordance with 40 CFR 271.21. Vermont is seeking authorization for regulations that the state has adopted governing the operation of wastewater evaporation units.

    We are now making an immediate final decision that, subject to reconsideration only if we receive written comments that oppose this action, Vermont's hazardous waste program revisions satisfy all of the requirements necessary to qualify for Final authorization. We have determined that the Vermont requirements governing wastewater evaporation units are “more stringent” than federal requirements. Therefore, we grant Vermont Final authorization for the following program changes: Vermont Hazardous Waste Management Regulation (VHWMR) section 7-502(o)(8), along with the revision to the note following VHWMR section 7-502(o)(10) and the definition of wastewater evaporator unit in VHWMR section 7-103. Since Vermont regulates wastewater evaporator units under various conditions set forth in its generator treatment in tanks provisions, the analogous federal requirements are in 40 CFR 262.34.

    The Final authorization of these state regulations is in addition to the previous authorization of state regulations, which remain part of the authorized program.

    G. How are the revised state rules different from the federal rules and why have they been determined to be more stringent?

    Wastewater evaporation units (evaporators) (as further defined by Vermont) evaporate water using heat to reduce the volume of wastewater and to concentrate hazardous wastes. Vermont regulates these units using its permit exemption for generator treatment in tanks and additional conditions designed to effectively regulate evaporators. EPA has analyzed whether the Vermont regulations are equally or more protective of human health and the environment than the federal regulations, rather than being less stringent. The Agency has determined that Vermont's regulations are more protective/stricter, thus being within the State's authority to maintain under RCRA section 3009. A Memorandum entitled “Further Explanation of Decision” dated February 2015, containing a more detailed analysis of this issue, has been included in the Administrative Record. Additionally, the EPA analyzed whether the stricter state regulations are “more stringent” or “broader in scope”. EPA has determined that they are “more stringent” thus being regulations that should be federally authorized and enforced. An explanation of EPA's determinations is set forth below.

    1—Determination That State Regulations Are Stricter Than the Federal Regulations

    To determine whether the state regulations are stricter and not less stringent than the federal regulations, EPA has compared the state regulations to the federal regulations, including examining interpretations that have been made of the federal regulations (available in the administrative record and in RCRA Online). However, in line with the national policy: Determining Equivalency of State RCRA Hazardous Waste Programs, September 7, 2005 (Equivalency Policy), EPA has not required that the state follow the same identical approach as the federal regulations. Rather, EPA has focused, “on whether the state requirements provide [at least] equal environmental results as the federal counterparts.” Id.

    At the federal level, the wastewater treatment unit (WWTU) exemption has been interpreted to cover many hazardous waste evaporators. Vermont is stricter than this federal approach in that it excludes wastewater evaporation units from being covered under its WWTU exemption. Rather, it regulates them under its more protective generator treatment in tanks exemption. Furthermore, Vermont's generator treatment in tanks exemption is more stringent than the federal exemption in that it imposes additional requirements designed to effectively regulate evaporators.

    However, there may be some evaporators that do not qualify for the WWTU exemption at the federal level. EPA has assumed for purposes of today's decision that the current EPA interpretation of the federal regulations is that, at the federal level, evaporation treatment is considered to be thermal treatment and is not allowed to be conducted by generators without permits under the generator treatment in tanks exemption. Nevertheless, for the reasons explained below, EPA has determined that the Vermont regulations are stricter, not less stringent than, the federal regulations.

    EPA has concluded that we should look at the overall RCRA program and assess the effect of the Vermont program across the board. In doing that, EPA has concluded that the Vermont program is stricter than any of the federal requirements with respect to wastewater evaporators. RCRA section 3009. Vermont consistently and strictly regulates all generator evaporators by imposing hazardous waste management requirements and comprehensive air emissions regulations. This approach is stricter across the board than the federal approach, and thus should be allowed consistent with the national Equivalency Policy, which emphasizes that states may take different but equally or more protective approaches.

    Vermont has requirements that are comparable to permits because the Vermont regulations require the same type of tank management standards and air emission control requirements as would be included in permits. Vermont also requires every generator operating an evaporator to submit a notice and obtain review of its operation.

    EPA emphasizes that this decision allows non-permitted evaporation treatment (outside of the WWTU exemption) only in Vermont. Such treatment will be allowed only because it has been federally authorized as “functionally equivalent,” and this federal authorization is being granted based on the strict requirements adopted by Vermont. EPA further emphasizes that this regional rulemaking has no implications for how other kinds of “thermal treatment” will be regulated. Generally “thermal treatment” is not allowed without permits under either the generator treatment in tanks (and containers) exemption or under the WWTU exemption. Here, EPA is only allowing, subject to stricter Vermont standards, the same kind of evaporation treatment that already has been allowed without permits under the WWTU exemption at the federal level and in the many states that follow the federal approach.

    Finally, EPA notes that Vermont is stricter than the federal approach with respect to any evaporators located at Treatment, Storage and Disposal Facilities (TSDFs). These evaporators must always obtain RCRA permits in Vermont, since Vermont does not allow the use of the WWTU exemption for evaporators and Vermont's treatment in tanks permit exemption for evaporators is limited to generators.

    2—Determination That State Regulations Are More Stringent Rather Than Broader in Scope

    State regulations that are stricter may be determined to be more stringent or broader in scope. While states are allowed to maintain both types of requirements, this determination is important because state regulations that EPA determines to be more stringent are made part of the federally authorized program and are federally enforceable. State regulations that the EPA determines to be broader in scope are not made part of the federally authorized program and thus, are not federally enforceable.

    To determine whether the Vermont regulations are more stringent or broader in scope, EPA has consulted the national policy: Determining Whether State Hazardous Waste Requirements are More Stringent or Broader in Scope than the Federal RCRA Program, December 23, 2014. Included in that policy is a two-part test that Regions generally use to determine whether state provisions are more stringent or broader in scope. EPA has determined that the Vermont regulations are more stringent.

    As noted in that policy, when EPA regulates hazardous waste through conditional exclusions, the federal conditions amount to a form of regulation. When a state imposes additional conditions for materials still considered to be hazardous wastes at the federal level even when the federal conditions are met, the additional state conditions do not increase the size of the regulated community. Therefore, these are considered to be a more stringent not broader in scope conditions under the first test. As noted in the Appendix to the policy, an example of this is the WWTU exemption. While EPA regulates evaporators under the WWTU exemption less strictly than Vermont, both are regulating them and the additional Vermont regulations pass the first test set forth in the policy for being considered more stringent. Evaporators that do not qualify for the WWTU exemption at the federal level are regulated at the federal level, and thus the state regulation of them is also within the scope of the federal program under the first test.

    The Vermont regulations pass the second test in the policy for being considered more stringent. The federal WWTU exemption requires treatment to occur within a tank or tank system in order to prevent releases of hazardous wastes. Similarly, the state requirements for evaporators are counterparts to the federal requirement in that they seek to prevent releases. In addition, the state imposes its large quantity generator (LQG) and small quantity generator (SQG) requirements on those generators operating evaporators, counterparts to these requirements exist in the federal LQG and SQG regulations. The state regulation of evaporators is similar to when additional state regulation of CESQGs exist, which is cited in the national policy as meeting both tests for being more stringent rather than broader in scope. For those evaporators not subject to the federal WWTU exemption, the state regulations have counterparts in the federal permit regulations.

    The regulations listed in Section F. above are being federally authorized and will be federally enforceable. The other previously authorized Vermont generator requirements will also be federally enforceable with respect to generator evaporators. In addition, the previously authorized full state permit requirements with respect to any evaporators at TSDFs will also be federally enforceable. Also, as previously authorized, the WWTU exemption will not apply to any evaporators in Vermont since they are excluded under the definition of WWTU adopted by Vermont.

    H. Who handles permits after the authorization takes effect?

    Vermont will issue permits for all the provisions for which it is authorized and will administer the permits it issues. EPA will implement and issue permits for any HSWA requirements for which Vermont is not yet authorized.

    I. What is codification and is EPA codifying Vermont's hazardous waste program as authorized in this rule?

    Codification is the process of placing the State's statutes and regulations that comprise the State's authorized hazardous waste program into the Code of Federal Regulations. We do this by referencing the authorized State rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272, subpart UU for this authorization of Vermont's program until a later date.

    J. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action (RCRA State Authorization) from the requirements of Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011). Therefore, this action is not subject to review by OMB. This action authorizes State requirements for the purpose of RCRA 3006 and imposes no additional requirements beyond those imposed by State law. Accordingly, this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action authorizes pre-existing requirements under State law and does not impose any additional enforceable duty beyond that required by State law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this action also does not significantly or uniquely affect the communities of Tribal governments, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely authorizes State requirements as part of the State RCRA hazardous waste program without altering the relationship or the distribution of power and responsibilities established by RCRA. This action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant and it does not make decisions based on environmental health or safety risks. This rule is not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) because it is not a “significant regulatory action” as defined under Executive Order 12866.

    Under RCRA 3006(b), EPA grants a State's application for authorization as long as the State meets the criteria required by RCRA. It would thus be inconsistent with applicable law for EPA, when it reviews a State authorization application, to require the use of any particular voluntary consensus standard in place of another standard that otherwise satisfies the requirements of RCRA. 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. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the “Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings” issued under the executive order. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. Because this rule authorizes pre-existing State rules which are at least equivalent to, and no less stringent than existing federal requirements, and imposes no additional requirements beyond those imposed by State law, and there are no anticipated significant adverse human health or environmental effects, the rule is not subject to Executive Order 12898.

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

    List of Subjects in 40 CFR Part 271

    Environmental protection, Hazardous waste.

    Authority:

    This action is issued under the authority of sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: March 24, 2015. H. Curtis Spalding, Regional Administrator, EPA Region 1.
    [FR Doc. 2015-08997 Filed 4-17-15; 8:45 am] BILLING CODE 6560-50-P
    LEGAL SERVICES CORPORATION 45 CFR Part 1640 Application of Federal Law to LSC Recipients AGENCY:

    Legal Services Corporation

    ACTION:

    Final rule.

    SUMMARY:

    This final rule updates the Legal Services Corporation (LSC or Corporation) regulation on the application of Federal law to LSC recipients. The FY 1996 appropriations act (incorporated in LSC's appropriations by reference annually thereafter) subjects LSC recipients and its employees and board members to Federal law relating to the proper use of Federal funds. This final rule provides recipients with notice of the applicable Federal laws each recipient and its employees and board members must agree to be subject to under this rule, the consequences of a violation of an applicable Federal law, and where LSC will maintain the list of applicable laws.

    DATES:

    This final rule will be effective on May 20, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW., Washington, DC 20007; (202) 295-1563 (phone), (202) 337-6519 (fax), or [email protected]

    SUPPLEMENTARY INFORMATION: I. History of This Rulemaking

    Section 504(a)(19) of LSC's FY 1996 appropriations act required LSC recipients to enter into a contract that subjected them to “all provisions of Federal law relating to the proper use of Federal funds.” Sec. 504(a)(19), Public Law.= 104-134, title V; 110 Stat. 1321. By its terms, a violation of Sec. 504(a)(19) renders any LSC grant or contract null and void. The provision has been incorporated by reference into each of LSC's annual appropriations act since. Accordingly, the preamble and text of this final rule continue to refer to the relevant section number of the FY 1996 appropriations act.

    The Corporation first issued 45 CFR part 1640 as an interim rule in 1996 to implement Sec. 504(a)(19). 61 FR 45760, Aug. 29, 1996. The interim rule was put in place to provide immediate guidance to LSC recipients on legislation that was already in effect and carried significant penalties for noncompliance. Id. In the preamble to the interim rule, LSC announced that it was interpreting the statutory phrase “all provisions of Federal law relating to the proper use of Federal funds” to mean “with respect to [a recipient's] LSC funds, all programs should be subject to Federal laws which address issues of waste, fraud and abuse of Federal funds.” Id. LSC based its interpretation on legislative history that appeared to limit the applicable laws to those dealing with fraud, waste, and abuse of Federal funds.

    In particular, LSC relied on two congressional documents to support its interpretation. First, the Corporation cited to the House Report for H.R. 2076, which was a prior effort to enact a provision similar to section 504(a)(19). The relevant language in that report stated:

    [S]ection 504(20) requires all programs receiving Federal funds to comply with Federal statutes and regulations governing waste, fraud, and abuse of Federal funds. H. Rep. No. 104-196, 104th Cong., 1st Sess. 116 (July 1995) (emphasis added). Second, LSC cited section 5 of H.R. 1806, the Legal Services Reform Act of 1995, which was an unsuccessful attempt to revise the LSC Act. As an extension of his remarks introducing H.R. 1806, Rep. McCollum submitted a partial summary of the bill, including a discussion of section 5 entitled “Application of waste, fraud, and abuse laws.” 141 Cong. Rec. E1220-21 (daily ed. June 9, 1995). Section 5 itself was titled “Protection Against Theft and Fraud,” and expressly included provisions of Title 18 of the U.S. Code pertaining to criminal offenses involving the misuse of Federal funds, as well as provisions of the False Claims Act. H.R. 1806, 104th Cong., § 5 (1995).

    LSC adopted the list of statutes in section 5, with one exception. Through negotiation with LSC's Office of Inspector General (OIG), LSC determined that two other criminal statutes should be included in the list. 61 FR 45760, Aug. 29, 1996. These statutes prohibit bribery of public officials and witnesses and conspiracy to defraud the United States. Id. at 45761.

    Minor changes to the interim rule, not affecting this list, were made before the final rule was published in 1997. 62 FR 19424-19427, Apr. 21, 1997. LSC has not revised Part 1640 since the publication of the final rule.

    Since the final rule was published, Congress has amended or passed other Federal laws relating to the proper use of Federal funds. In 2014, OIG raised concerns that the § 1640.2(a)(1) list of applicable Federal laws is now under-inclusive. As an example, OIG noted the omission of 18 U.S.C. 666, which prohibits theft or bribery concerning programs receiving Federal funds and has been the basis for OIG's referrals to the Department of Justice for prosecution. Subsequently, LSC staff researched other Federal laws applicable to fraud, waste, and abuse of Federal funds. The search revealed at least two other Federal laws relating to the proper use of Federal funds currently missing from the § 1640.2(a)(1) list: 18 U.S.C. 285—Taking or using papers relating to claims, and 18 U.S.C. 1031—Major fraud against the United States.

    As required by the LSC Rulemaking Protocol, LSC staff prepared an explanatory rulemaking options paper, accompanied by a proposed rule amending Part 1640. On January 22, 2015, the Operations and Regulations Committee (Committee) voted to authorize LSC to initiate rulemaking and to recommend that the LSC Board of Directors (Board) approve publishing the proposed rule. On January 24, 2015, the Board approved the proposed rule for publication in the Federal Register for notice and comment. LSC published the notice of the proposed rulemaking (the NPRM) in the Federal Register on February 3, 2015. 80 FR 5016, Feb. 3, 2015. The comment period remained open for thirty days and closed on March 5, 2015.

    On April 12, 2015, the Committee considered the draft final rule for publication and voted to recommend its publication to the Board, subject to one amendment. The Committee voted to amend the language in § 1640.2(a) to explicitly state that the Board would vote at a public meeting on any proposed changes to the list of Federal laws relating to the proper use of Federal funds. The Committee made this amendment in response to a comment made during the meeting by the National Legal Aid and Defender Association (NLADA) expressing its position that proposed changes to the list should be subject to public comment prior to adoption by the Board. On April 14, 2015, the Board voted to adopt and publish the final rule as amended.

    Material regarding this rulemaking is available in the open rulemaking section of LSC's Web site at http://www.lsc.gov/about/regulations-rules/open-rulemaking. After the effective date of the rule, those materials will appear in the closed rulemaking section at http://www.lsc.gov/about/regulations-rules/closed-rulemaking.

    II. Section-by-Section Discussion of Comments and Regulatory Provisions

    LSC received two comments during the public comment period. One comment was submitted by an LSC-funded recipient, Colorado Legal Services (CLS). The other comment was submitted by the non-LSC-funded non-profit NLADA through its Civil Policy Group and its Regulations and Policy Committee. Both commenters were generally supportive of the changes LSC proposed to Part 1640.

    Proposed § 1640.1—Purpose

    LSC proposed revising this section to reflect the changes to Part 1640, specifically removing the language stating that the applicable Federal laws were identified in Part 1640. LSC received no comments on this proposal.

    Proposed § 1640.2—Applicable Federal Laws

    LSC proposed deleting the existing § 1640.2(a)(1) list of applicable Federal laws. The contracts between the Corporation and its recipients, currently referred to as the LSC Grant Assurances, will be modified to provide recipients with a weblink to the updated list. LSC proposed a new § 1640.2(a), which states that the Corporation will maintain a public list of applicable Federal law on the Corporation's Web site. LSC stated in the preamble of the NPRM that the list would be exhaustive but did not specifically use that term in the proposed rule text.

    Comment 1: NLADA and CLS both expressed concern that LSC's decision to move the list of applicable Federal laws from the rule to LSC's Web site would decrease stakeholders' ability to comment on proposed changes to the list. NLADA noted that this was the second proposal by LSC in the past year to remove a section of a regulation from the usual rulemaking process. NLADA stated: “While we understand and support LSC's desire in this instance to avoid an unnecessary, time-consuming regulatory process, we want to confirm NLADA's very strong support” for LSC's commitment, expressed in the 2002 rulemaking protocol, to “conduct its rulemaking activities in a spirit of cooperative dialog with [] recipients and other interested parties.” CLS similarly asserted that “[a]s LSC is a program uniquely committed to protecting due process rights and protections, it should adhere to them strictly itself and provide an opportunity for comment before the list of Federal laws relating to the proper use of Federal funds by LSC recipients is modified or changed.”

    Response: LSC views updating the list of applicable Federal laws to be an administrative task that does not affect the underlying substance of the rule. Updating the list does not materially change the Part 1640 requirement that recipients, and its employees and board members, comply with Federal laws relating to the proper use of Federal funds.

    Although the regulation does not require notice and an opportunity for comment before submitting modifications of the list to the Board for approval, LSC remains committed to providing recipients with notice of any proposed modifications before a Board meeting. Recipients will have an opportunity to comment on the proposed modifications prior to and at the meeting where the modifications will be discussed.

    Comment 2: CLS and NLADA supported LSC's decision to make the list of applicable Federal laws exhaustive. In its comment, NLADA recommended that LSC include language in the text of the rule stating that the list is exhaustive.

    Response: LSC will adopt NLADA's recommendation. LSC will revise the first sentence of § 1640.2(a) to read: “LSC will maintain an exhaustive list of applicable Federal laws relating to the proper use of Federal funds on its Web site and provide recipients with a link to the list in the contractual agreement.”

    LSC proposed renumbering § 1640.2(a)(2) as § 1640.2(b) and revising the language for clarity and readability. No substantive changes were made to this subsection. LSC received no comments on this proposal. LSC proposed redesignating existing § 1640.2(b)(1) and (2) as § 1640.4(a) and (c) respectively.

    Proposed § 1640.3—Contractual Agreement

    LSC proposed revising existing § 1640.3 for clarity and readability. No substantive changes were made to this subsection. LSC received no comments on this proposal.

    Proposed § 1640.4—Violation of Agreement

    LSC proposed redesignating existing § 1640.2(b)(1) and (2) as § 1640.4(a) and (c) respectively. The proposed move groups each definition in existing § 1640.2(b) with each definition's consequence for violating the agreement in existing § 1640.4. No substantive changes were made, but the text has been revised for clarity and readability throughout the section. LSC received no comments on this proposal.

    List of Subjects in 45 CFR part 1640

    Fraud; Grant programs—law; Legal services.

    For the reasons stated in the preamble, the Legal Services Corporation revises 45 CFR part 1640 to read as follows:

    PART 1640—APPLICATION OF FEDERAL LAW TO LSC RECIPIENTS Sec. 1640.1 Purpose. 1640.2 Applicable Federal laws. 1640.3 Contractual agreement. 1640.4 Violation of agreement. Authority:

    42 U.S.C. 2996e(g).

    § 1640.1 Purpose.

    The purpose of this part is to ensure that recipients use their LSC funds in accordance with Federal law related to the proper use of Federal funds. This part also provides notice to recipients of the consequences of a violation of such Federal laws by a recipient, its employees or board members.

    § 1640.2 Applicable federal laws.

    (a) LSC will maintain an exhaustive list of applicable Federal laws relating to the proper use of Federal funds on its Web site and provide recipients with a link to the list in the contractual agreement. The list may be modified with the approval of the Corporation's Board of Directors at a public meeting. LSC will provide recipients with notice when the list is modified.

    (b) For the purposes of this part and the laws referenced in paragraph (a) of this section, LSC is considered a Federal agency and a recipient's LSC funds are considered Federal funds provided by grant or contract.

    § 1640.3 Contractual agreement.

    As a condition of receiving LSC funds, a recipient must enter into a written agreement with the Corporation that, with respect to its LSC funds, will subject the recipient to the applicable Federal laws relating to the proper use of Federal funds. The agreement must include a statement that all of the recipient's employees and board members have been informed of such Federal law and of the consequences of a violation of such law, both to the recipient and to themselves as individuals.

    § 1640.4 Violation of agreement.

    (a) LSC will determine that a recipient has violated the agreement described in § 1640.3 when the recipient has been convicted of, or judgment has been entered against the recipient for, a violation of an applicable Federal law relating to the proper use of Federal funds with respect to its LSC grant or contract, by the court having jurisdiction of the matter, and any appeals of the conviction or judgment have been exhausted or the time for appeal has expired.

    (b) A violation of the agreement by a recipient based on recipient conduct will result in the Corporation terminating the recipient's LSC grant or contract without need for a termination hearing. While an appeal of a conviction or judgment is pending, the Corporation may take any necessary steps to safeguard its funds.

    (c) LSC will determine that the recipient has violated the agreement described in § 1640.3 when an employee or board member of the recipient has been convicted of, or judgment has been entered against the employee or board member for, a violation of an applicable Federal law relating to the proper use of Federal funds with respect to the recipient's grant or contract with LSC, by the court having jurisdiction of the matter, and any appeals of the conviction or judgment have been exhausted or the time for appeal has expired, and the Corporation finds that the recipient has knowingly or through gross negligence allowed the employee or board member to engage in such activities.

    (d) A violation of the agreement by the recipient based on employee or board member conduct will result in the Corporation terminating the recipient's LSC grant or contract. Prior to termination, the Corporation will provide notice and an opportunity to be heard for the sole purpose of determining whether the recipient knowingly or through gross negligence allowed the employee or board member to engage in the activities leading to the conviction or judgment. While an appeal of a conviction or judgment or a hearing is pending, the Corporation may take any necessary steps to safeguard its funds.

    Dated: April 15, 2015. Stefanie K. Davis, Assistant General Counsel.
    [FR Doc. 2015-08974 Filed 4-17-15; 8:45 am] BILLING CODE 7050-01-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System [Docket Number DARS-2015-0018] 48 CFR Parts 205, 206, 208, 210, 213, 215, and 216 Defense Federal Acquisition Regulation Supplement; Technical Amendments AGENCY:

    Defense Acquisition Regulations System, Department of Defense (DoD).

    ACTION:

    Final rule.

    SUMMARY:

    DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes.

    DATES:

    Effective April 20, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Manuel Quinones, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6088; facsimile 571-372-6094.

    SUPPLEMENTARY INFORMATION:

    This final rule amends the DFARS as follows:

    1. Directs contracting officers to additional procedures and guidance by adding references at—

    • DFARS 205.205.205-71 to DFARS Procedures, Guidance and Information (PGI) 206.302-1(d);

    • DFARS 206.000 to PGI 206.000;

    • DFARS 206.302-1(d) to PGI 206.302-1(d);

    • DFARS 206.303-2 to PGI 206.303-2(b)(i);

    • DFARS 206.304(a)(S-70) to PGI 206.304(a)(S-70);

    • DFARS 208.405-6 to PGI 208.405-6;

    • DFARS 210.002 to PGI 210.002(e)(ii);

    • DFARS 213.104 to PGI 213.104;

    • DFARS 213.500-70 to PGI 215.371-2;

    • DFARS 213.501 to PGI 206.304(a)(S-70);

    • DFARS 215.371-2 to PGI 215.371-2; and

    • DFARS 216.505(b)(2) to PGI 216.505(b)(2).

    2. Revises paragraph structure of sections 210.002 and 215.371-2.

    List of Subjects in 48 CFR Parts 205, 206, 208, 210, 213, 215, and 216

    Government procurement.

    Manuel Quinones, Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 205, 206, 208, 210, 213, 215, and 216 are amended as follows:

    1. The authority citation for 48 CFR parts 205, 208, 210, 213, 215, and 216 continues to read as follows: Authority:

    41 U.S.C. 1303 and 48 CFR chapter 1.

    PART 205—PUBLICIZING CONTRACT ACTIONS 2. Add section 205.205-71 to read as follows:
    205.205-71 Only one responsible source.

    Follow the procedures at PGI 206.302-1(d) prior to soliciting a proposal without providing for full and open competition under the authority at FAR 6.302-1.

    PART 206—COMPETITION REQUIREMENTS 3. Revise the authority citation for 48 CFR part 206 to read as follows: Authority:

    41 U.S.C. 1303 and 48 CFR chapter 1.

    4. Add section 206.000 to read as follows:
    206.000 Scope of part.

    For information on the various approaches that may be used to competitively fulfill DoD requirements, see PGI 206.000.

    5. Amend section 206.302-1 by adding paragraph (d) to read as follows:
    206.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

    (d) Limitations. Follow the procedures at PGI 206.302-1(d) prior to soliciting a proposal without providing for full and open competition under this authority.

    6. Add section 206.303-2 to read as follows:
    206.303-2 Content.

    (b)(i) Include the information required by PGI 206.303-2(b)(i) in justifications citing the authority at FAR 6.302-1.

    7. Amend section 206.304(a) by adding a new paragraph (S-70) to read as follows:
    206.304 Approval of the justification.

    (a)(4) * * *

    (S-70) For a noncompetitive follow-on acquisition to a previous award for the same supply or service supported by a justification for other than full and open competition citing the authority at FAR 6.302-1, follow the procedures at PGI 206.304(a)(S-70).

    PART 208—REQUIRED SOURCES OF SUPPLIES AND SERVICES 8. Add section 208.405-6 to read as follows:
    208.405-6 Limiting sources.

    For an order or blanket purchase agreement (BPA) exceeding the simplified acquisition threshold that is a follow-on to an order or BPA for the same supply or service previously issued based on a limiting sources justification citing the authority at FAR 8.405-6(a)(1)(i)(B) or (C), follow the procedures at PGI 208.405-6.

    PART 210—MARKET RESEARCH 9. Revise section 210.002 to read as follows:
    210.002 Procedures.

    (e)(i) When contracting for services, see PGI 210.070 for the “Market Research Report Guide for Improving the Tradecraft in Services Acquisition”.

    (ii) See PGI 210.002(e)(ii) regarding potential offerors that express an interest in an acquisition.

    PART 213—SIMPLIFIED ACQUISITION PROCEDURES 10. Add section 213.104 to read as follows:
    213.104 Promoting competition.

    For information on the various approaches that may be used to competitively fulfill DoD requirements, see PGI 213.104.

    11. Add subpart 213.5 to read as follows: Subpart 213.5—Test Program for Certain Commercial Items Sec. 213.500-70 Only one offer. 213.501 Special documentation requirement. Subpart 213.5—Test Program for Certain Commercial Items
    213.500-70 Only one offer.

    If only one offer is received in response to a competitive solicitation issued using simplified acquisition procedures authorized under FAR subpart 13.5, follow the procedures at PGI 215.371-2.

    213.501 Special documentation requirements.

    (a) Sole source (including brand name) acquisitions. For noncompetitive follow-on acquisitions of supplies or services previously awarded on a noncompetitive basis, include the additional documentation required by PGI 206.303-2(b)(i) and follow the procedures at PGI 206.304(a)(S-70).

    PART 215—CONTRACTING BY NEGOTIATION 12. Revise 215.371-2 to read as follows:
    215.371-2 Promote competition.

    Except as provided in sections 215.371-4 and 215.371-5—

    (a) If only one offer is received when competitive procedures were used and the solicitation allowed fewer than 30 days for receipt of proposals, the contracting officer shall—

    (1) Consult with the requiring activity as to whether the requirements document should be revised in order to promote more competition (see FAR 6.502(b) and 11.002); and

    (2) Resolicit, allowing an additional period of at least 30 days for receipt of proposals; and

    (b) For competitive solicitations in which more than one potential offeror expressed an interest in an acquisition, but only one offer was ultimately received, follow the procedures at PGI 215.371-2.

    PART 216—TYPES OF CONTRACTS
    216.505 [Amended]
    13. Amend section 216.505 by adding paragraph (b)(2) to read as follows:
    216.505 Ordering.

    (b)(2) Exceptions to the fair opportunity process. For an order exceeding the simplified acquisition threshold, that is a follow-on to an order previously issued for the same supply or service based on a justification for an exception to fair opportunity citing the authority at FAR 16.505(b)(2)(i)(B) or (C), follow the procedures at PGI 216.505(b)(2).

    [FR Doc. 2015-08975 Filed 4-17-15; 8:45 am] BILLING CODE 5001-06-P
    80 75 Monday, April 20, 2015 Proposed Rules NUCLEAR REGULATORY COMMISSION 10 CFR Parts 50 and 52 [NRC-2015-0095] RIN 3150-AH42 Alternate Risk-Informed Approach for Addressing the Effects of Debris on Post-Accident Long-Term Core Cooling AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Draft regulatory guide; request for comment.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide (DG), DG-1322, “Alternate Risk-Informed Approach for Addressing the Effects of Debris On Post-Accident Long-Term Core Cooling.” This DG proposes new guidance that describes methods and procedures that the NRC staff considers acceptable for complying with a voluntary, risk-informed alternative in a proposed revision of the NRC's regulation governing the design of emergency core cooling systems (ECCS).

    DATES:

    Submit comments by July 6, 2015. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Although a time limit is given, comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time.

    ADDRESSES:

    You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specified subject):

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0095. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions, contact the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN-12H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

    For additional direction on accessing information and submitting comments, see “Obtaining Information and Submitting Comments” in the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    Steven A. Laur, telephone: 301-415-1465, email: [email protected], and Steve Burton, telephone: 301-415-7000, email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

    SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket ID NRC-2015-0095 when contacting the NRC about the availability of information regarding this document. You may obtain publically-available information related to this document by any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0095.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The ADAMS accession number for each document referenced (if it available in ADAMS) is provided the first time that a document is referenced. The DG is electronically available in ADAMS under Accession No. ML15023A025.

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

    B. Submitting Comments

    Please include Docket ID NRC-2015-0095 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket.

    The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.

    II. Additional Information

    The NRC is issuing for public comment a DG in the NRC's “Regulatory Guide” series. This series was developed to describe and make available to the public information regarding methods that are acceptable to the NRC staff for implementing specific parts of the NRC's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses.

    The DG, entitled, “Alternate Risk-Informed Approach for Addressing the Effects of Debris On Post-Accident Long-Term Core Cooling,” is a proposed new guide temporarily identified by its task number, DG-1322. This DG-1322 proposes new guidance that describes methods and procedures that the staff considers acceptable for complying with a voluntary, risk-informed alternative in a proposed revision of the NRC's regulation governing the design of ECCS, section 50.46c of Title 10 of the Code of Federal Regulations (10 CFR), “Emergency core cooling system performance during loss-of-coolant accidents (LOCA),” with respect to the effects of debris during long-term cooling.

    The voluntary alternative was included in the proposed 10 CFR 50.46c rule at the direction of the Commission in the Staff Requirements Memorandum (SRM) regarding SECY-12-0093 “Closure Options for Generic Safety Issue—191, Assessment of Debris Accumulation on Pressurized-Water Reactor Sump Performance,” and in the SRM regarding SECY-12-0034 “Proposed Rulemaking—10 CFR 50.46c: Emergency Core Cooling System Performance During Loss-of-Coolant Accidents (RIN 3150-AH42).” This guide is intended to provide a consistent approach for licensees to use when performing a risk assessment of the complex phenomena associated with debris generation and transport, and the resulting effect on long-term core cooling.

    III. Backfitting and Issue Finality

    This DG, if finalized, would not constitute backfitting as defined in § 50.109 (the Backfit Rule), and would not be otherwise inconsistent with the issue finality provisions in 10 CFR part 52, “Licenses, Certifications and Approvals for Nuclear Power Plants.” The NRC published a proposed revision of 10 CFR 50.46c on March 24, 2014 (79 FR 16106). The proposed rule includes the option of allowing an applicant or licensee to address the effects of debris on longterm cooling with respect to ECCS performance requirements in § 50.46c and GDC-35 using a risk-informed approach. The proposed rule would also allow applicants and licensees who select the option to use the same approach in demonstrating compliance with GDC-38 and GDC-41. This DG provides guidance on one possible means for implementing that option. The proposed guidance does not exceed the scope of the proposed rule. Therefore, the backfitting and issue finality discussion for the proposed rule applies to this DG, and further consideration and discussion of backfitting and issue finality for the DG is not necessary.

    Dated at Rockville, Maryland, this 13th day of April 2015.

    For the Nuclear Regulatory Commission.

    Harriet Karagiannis, Acting Chief, Regulatory Guidance and Generic Issues Branch, Division of Engineering, Office of Nuclear Regulatory Research.
    [FR Doc. 2015-08964 Filed 4-17-15; 8:45 am] BILLING CODE 7590-01-P
    EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1630 RIN 3046-AB01 Amendments to Regulations Under the Americans With Disabilities Act AGENCY:

    Equal Employment Opportunity Commission.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Equal Employment Opportunity Commission (“EEOC” or “Commission”) is issuing a proposed rule that would amend the regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act (ADA) as they relate to employer wellness programs. The proposed rule amends the ADA regulations to provide guidance on the extent to which employers may use incentives to encourage employees to participate in wellness programs that include disability-related inquiries and/or medical examinations.

    DATES:

    Comments regarding this proposal must be received by the Commission on or before June 19, 2015. Please see the sections below entitled ADDRESSES and SUPPLEMENTARY INFORMATION for additional information on submitting comments.

    ADDRESSES:

    You may submit comments, identified by RIN number 3046-AB01, by any of the following methods:

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

    Fax: (202) 663-4114. (There is no toll free FAX number). Only comments of six or fewer pages will be accepted via FAX transmittal, in order to assure access to the equipment. Receipt of FAX transmittals will not be acknowledged, except that the sender may request confirmation of receipt by calling the Executive Secretariat staff at (202) 663-4070 (voice) or (202) 663-4074 (TTY). (These are not toll free numbers).

    Mail: Bernadette B. Wilson, Acting Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, U.S. Equal Employment Opportunity Commission, 131 M Street NE., Washington, DC 20507.

    Hand Delivery/Courier: Bernadette Wilson, Acting Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, U.S. Equal Employment Opportunity Commission, 131 M Street NE., Washington, DC 20507.

    Instructions: The Commission invites comments from all interested parties. All comment submissions must include the agency name and docket number or the Regulatory Information Number (RIN) for this rulemaking. Comments need be submitted in only one of the above-listed formats. All comments received will be posted without change to http://www.regulations.gov, including any personal information you provide.

    Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov. Copies of the received comments also will be available for review at the Commission's library, 131 M Street NE., Suite 4NW08R, Washington, DC 20507, between the hours of 9:30 a.m. and 5:00 p.m., from June 19, 2015 until the Commission publishes the rule in final form.

    FOR FURTHER INFORMATION CONTACT:

    Christopher J. Kuczynski, Assistant Legal Counsel, (202) 663-4665, or Joyce Walker-Jones, Senior Attorney Advisor, at (202) 663-7031, or (202) 663-7026 (TTY), Office of Legal Counsel, U.S. Equal Employment Opportunity Commission. (These are not toll free numbers.) Requests for this notice in an alternative format should be made to the Office of Communications and Legislative Affairs at (202) 663-4191 (voice) or (202) 663-4494 (TTY). (These are not toll free numbers.)

    SUPPLEMENTARY INFORMATION: Introduction

    The Equal Employment Opportunity Commission (“EEOC” or “Commission”) is issuing a proposed rule that would amend the regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act (ADA) as they relate to employer wellness programs. Congress enacted the ADA in 1990 to prohibit discrimination against individuals with disabilities. The EEOC issued implementing regulations in 1991 to provide additional guidance on the law's requirements and prohibited practices with respect to employment.1 This proposed rule provides guidance on the extent to which the ADA permits employers to offer incentives to employees to promote participation in wellness programs that are employee health programs.2 It does not apply to similar types of programs that may be provided by entities other than those subject to Title I of the ADA, such as social service agencies covered under Title II of the ADA, 42 U.S.C. 12131 et seq., or places of public accommodation subject to Title III of the ADA, 42 U.S.C. 12181 et seq., who may provide similar programs to individuals who are considered volunteers.3

    1 The citations in this proposed rule are to the 2011 regulations. In 2011, EEOC issued amended regulations to revise the definition of disability and other provisions to conform to changes to the ADA made by the ADA Amendments Act of 2008, but did not amend the provisions concerning disability-related inquiries and medical examinations of employees at 29 CFR 1630.14 that affect employee health programs. Some of the other revisions, however, resulted in renumbering.

    2 The ADA provides that, “[a] covered entity may conduct voluntary medical examinations and inquiries, including voluntary medical histories, which are part of an employee health program available to employees at that work site.” 42 U.S.C. 12112(d)(4)(B)(emphasis added). As referenced in this proposed rule, wellness programs are “employee health programs.”

    3 This proposed rule also does not address the extent to which Title II of the Genetic Information Nondiscrimination Act (GINA) of 2008, 42 U.S.C. 2000ff, et seq., affects an employer's ability to condition incentives on a family member's participation in a wellness program. This issue will be addressed in future EEOC rulemaking.

    A wellness program may be part of a group health plan or may be offered outside of a group health plan.4 The references in the proposed rule regarding the requirement to provide a notice and the use of incentives, and changes to the corresponding section of the interpretive guidance, apply only to wellness programs that are part of or provided by a group health plan or by a health insurance issuer offering group health insurance in connection with a group health plan.5 The term “group health plan” includes both insured and self-insured group health plans and is used interchangeably with the term “health plan” throughout the preamble. All of the other proposed changes to the regulations apply to all “health programs,” which include wellness programs whether or not they are offered as part of or outside of a group health plan or group health insurance coverage. The term “incentives” includes both financial and in-kind incentives, such as time-off awards, prizes, or other items of value.

    4 The term “group health plan” is defined in ERISA section 733(a). An employer may establish or maintain more than one group health plan.

    5 This proposed rule asks for comments on whether employers offer (or are likely to offer in the future) wellness programs outside of a group health plan or group health insurance coverage that use incentives to promote participation in such programs or to encourage employees to achieve certain health outcomes and whether EEOC should issue regulations specifically limiting incentives provided as part of such programs.

    Discussion

    As a means of attempting to improve employees' health and reduce health care costs, many employers that provide health coverage also offer employee health programs and activities to promote healthier lifestyles or prevent disease.6 Commonly referred to as workplace wellness programs, these programs may include, for example: nutrition classes, onsite exercise facilities, weight loss and smoking cessation programs, and/or coaching to help employees meet health goals. Wellness programs also may incorporate health risk assessments and biometric screenings that measure an employee's health risk factors, such as body weight and cholesterol, blood glucose, and blood pressure levels.7 Some employers offer incentives to encourage employees simply to participate in a wellness program, while others offer incentives based on whether employees achieve certain health outcomes.8 Incentives can be framed as rewards or penalties and often take the form of prizes, cash, or a reduction or increase in health care premiums or cost sharing. Of the employers who offer incentives to complete wellness programs, the majority use incentives totaling less than $500 per year.9

    6See Rand Health, Workplace Wellness Programs Study Final Report (2013), sponsored by the U.S. Departments of Labor and Health and Human Services, available at http://www.rand.org/content/dam/rand/pubs/research_reports/RR200/RR254/RAND_RR254.pdf [hereinafter referred to as the RAND Final Report]; see also The Kaiser Family Foundation and Health Research & Educational Trust 2014 Employer Health Benefits Survey, available at http://kff.org/health-costs/report/2014-employer-health-benefits-survey/ [hereinafter referred to as the Kaiser Survey].

    7Id.

    8 According to the RAND Final Report, 69 percent of employers with at least 50 employees offer financial incentives to encourage employee participation, while 10 percent offer incentives tied to health outcomes. By contrast, the Kaiser Survey found that 36 percent of large employers with 200 or more employees and 18 percent of smaller employers offer financial incentives to participate in a wellness program.

    9 According to the Kaiser Survey, 68 percent of all large firms that offered an incentive for the completion of a wellness program used a maximum incentive below $500.

    Employee health programs offered by employers must comply with laws enforced by the EEOC, including Title I of the Americans with Disabilities Act (ADA) which restricts the medical information employers may obtain from applicants and employees and makes it illegal to discriminate against individuals based on disability.10 They also must comply with other laws EEOC enforces that prohibit discrimination based on race, color, sex (including pregnancy), national origin, religion, compensation, age, or genetic information.11 Additionally, wellness programs that are part of group health plans must comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Patient Protection and Affordable Care Act (“Affordable Care Act”)12 —set forth in regulations jointly issued by the Department of Labor (DOL), Department of the Treasury, and Department of Health and Human Services (HHS)—that generally prohibit discrimination in group health plans based on any health factor.13

    10 42 U.S.C. 12101 et seq .

    11See Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; the Equal Pay Act of 1963, 29 U.S.C. 206(d); the Age Discrimination in Employment Act (ADEA) of 1967, 29 U.S.C. 621 et seq.; and Title II of GINA. However, this proposed rule concerns only the application of the ADA's rules limiting disability-related inquiries and medical examinations of employees to employer-sponsored wellness programs. Compliance with the limits on incentives in this proposed rule does not necessarily result in compliance with other nondiscrimination laws or other parts of the ADA. For example, as the interpretive guidance accompanying the proposed rule explains, even if an employer's wellness program complies with the incentive limits set forth in the ADA regulations, the employer violates Title VII or the ADEA if that program discriminates on the basis of race, sex, national origin, or age.

    12 The Patient Protection and Affordable Care Act, Public Law 111-148, and the Health Care and Education Reconciliation Act, Pub. L. 111-152, are known collectively as the Affordable Care Act. Section 1201 of the Affordable Care Act amended and moved the nondiscrimination and wellness provisions of the Public Health Service (PHS) Act from section 2702 to section 2705, and extended the nondiscrimination provisions to the individual market. The Affordable Care Act also added section 715(a)(1) to ERISA and section 9815(a)(1) to the Code to incorporate the provisions of part A of title XXVII of the PHS Act, including PHS Act section 2705, into ERISA and the Code and make them applicable to group health plans and group health insurance issuers.

    13 A wellness program that is part of a group health plan also must comply with HIPAA's Privacy, Security, and Breach Notification requirements set forth at 45 CFR part 160 and part 164. These requirements are discussed later in this preamble.

    The laws relevant to this proposed rule are discussed below.

    HIPAA's Nondiscrimination Provisions

    HIPAA's nondiscrimination provisions, as amended by the Affordable Care Act, generally prohibit group health plans and health insurance issuers offering group health insurance in connection with a group health plan from discriminating against participants and beneficiaries in premiums, benefits, or eligibility based on a health factor.14 An exception to the general rule allows premium discounts or rebates or modification to otherwise applicable cost sharing (including copayments, deductibles, or coinsurance) in return for adherence to certain programs of health promotion and disease prevention.15

    14 The HIPAA nondiscrimination provisions set forth eight health status-related factors, which the December 13, 2006 final regulations refer to as “health factors.” Under HIPAA and the 2006 regulations, as well as under the Public Health Service (PHS) Act section 2705 (as added by the Affordable Care Act), the eight health factors are health status, medical condition (including both physical and mental illnesses), claims experience, receipt of health care, medical history, genetic information, evidence of insurability (including conditions arising out of acts of domestic violence), and disability. 71 FR 75014 (Dec. 13, 2006). In the view of the Departments of Labor, HHS, and the Treasury, “[t]hese terms are largely overlapping and, in combination, include any factor related to an individual's health.” 66 FR 1379 (January 8, 2001).

    15 Prior to the enactment of the Affordable Care Act, HIPAA added section 9802 of the Internal Revenue Code, section 702 of the Employee Retirement Income Security Act (ERISA), and section 2702 of the PHS Act. DOL, Treasury, and HHS issued joint final regulations in 2006 regarding wellness programs in connection with a group health plan or group health insurance coverage under which any of the conditions for obtaining a reward is based on satisfying a standard related to a health factor. See 26 CFR 54.9802-1(f); 29 CFR 2590.702(f); 45 CFR 146.121(f). Paragraph (f)(2) of the 2006 regulations limited the total reward for such wellness programs to 20 percent of the total cost of coverage under the plan. The Affordable Care Act amended the PHS Act to raise the limitation on incentives to 30 percent of the total cost of coverage under the plan. See PHS Act section 2705(j)(3)(A). The DOL, IRS, and HHS issued final regulations in June 2013 to implement PHS Act section 2705 and amend the 2006 HIPAA regulations regarding nondiscriminatory wellness programs in group health coverage. 78 FR 33158 (June 3, 2013). Under the 2013 final regulations on nondiscriminatory wellness programs, references to “a plan providing a reward include both providing a reward (such as a discount or rebate of a premium or contribution, a waiver of all or part of a cost-sharing mechanism, an additional benefit, or any financial or other incentive) and imposing a penalty (such as a surcharge or other financial or nonfinancial disincentive).”

    HIPAA's nondiscrimination provisions, as amended by the Affordable Care Act, and the 2013 final regulations issued by the Departments of Labor, Treasury, and HHS, discuss two types of wellness programs: Participatory and health-contingent. Participatory wellness programs either do not provide a reward or do not include any conditions for obtaining a reward that are based on an individual satisfying a standard related to a health factor. Examples in the final regulations include: A program that reimburses employees for all or part of the cost for membership in a fitness center; a program that reimburses employees for the costs of participating, or that otherwise provides a reward for participating, in a smoking cessation program without regard to whether the employee quits smoking; and a program that provides a reward to employees who complete a health risk assessment (HRA) regarding current health status, without any further action (educational or otherwise) required by the employee with regard to the health issues identified as part of the assessment. The 2013 final regulations state that participatory wellness programs are permissible under the HIPAA nondiscrimination requirements provided they are made available to all similarly situated individuals.

    Health-contingent wellness programs, which may be either activity-only or outcome-based, require individuals to satisfy a standard related to a health factor to obtain a reward (or require an individual to undertake more than a similarly situated individual based on a health factor in order to obtain the same reward). Activity-only programs require individuals to perform or complete an activity related to a health factor in order to obtain a reward, but do not require an individual to attain or maintain a specific health outcome. Outcome-based programs require individuals to attain or maintain a specific health outcome (such as not smoking or attaining certain results on biometric screenings) in order to obtain a reward.

    There are five requirements for health-contingent wellness programs under the Public Health Service (PHS) Act section 2705 and the 2013 final regulations.16 First, all individuals eligible for a health-contingent wellness program must be given the opportunity to qualify for the reward at least once per year. Second, the total reward offered to an individual under all health-contingent wellness programs with respect to a plan cannot exceed 30 percent of the total cost of employee-only coverage under the plan, including both employee and employer contributions towards the cost of coverage (or 50 percent to the extent that the additional percentage is attributed to tobacco prevention or reduction). Third, health-contingent wellness programs must be reasonably designed to promote health or prevent disease. Fourth, the full reward under a health-contingent wellness program must be available to all similarly situated individuals. For this purpose, an activity-only program must allow a reasonable alternative standard (or waiver of the otherwise applicable standard) for obtaining the reward for any individual for whom, for that period, it is unreasonably difficult due to a medical condition to satisfy the otherwise applicable standard, and for any individual for whom, for that period, it is medically inadvisable to attempt to satisfy the otherwise applicable standard. An outcome-based program must allow a reasonable alternative standard (or waiver of the otherwise applicable standard) for obtaining the reward to any individual who does not meet the initial standard based on a measurement, test, or screening. Fifth, plans and issuers must disclose the availability of a reasonable alternative standard to qualify for the reward in all plan materials describing the terms of a health-contingent wellness program and in any disclosure that an individual did not satisfy an initial outcome-based standard.

    16 For the requirements applicable to activity-only programs, see 26 CFR 54.9802-1(f)(3), 29 CFR 2590.702(f)(3), and 45 CFR 146.121(f)(3). For requirements applicable to outcome-based programs, see 26 CFR 54.9802-1(f)(4), 29 CFR 2590.702(f)(4), and 45 CFR 146.121(f)(4).

    The 2013 final regulations recognize that compliance with HIPAA nondiscrimination rules (as amended by the Affordable Care Act), including the wellness program requirements, is not determinative of compliance with any other provision of any other state or federal law, including, but not limited to, the ADA, Title VII of the Civil Rights Act of 1964 (Title VII), and the Genetic Information Nondiscrimination Act (GINA).17

    17See 78 FR at 33168 (“The Departments recognize that many other laws may regulate plans and issuers in their provision of benefits to participants and beneficiaries. These laws include, but are not limited to, the ADA, Title VII of the Civil Rights Act of 1964, Code section 105(h) and PHS Act section 2716 (prohibiting discrimination in favor of highly compensated individuals), the Genetic Information Nondiscrimination Act of 2008, the Family and Medical Leave Act, ERISA's fiduciary provisions, and State law.”).

    Title I of the ADA

    Title I of the ADA prohibits discrimination against individuals on the basis of disability “in regard to . . . employment compensation . . . and other terms, conditions, and privileges of employment,” including “fringe benefits available by virtue of employment, whether or not administered by the covered entity.” 18 The ADA also requires employers to provide reasonable accommodations (modifications or adjustments) to enable individuals with disabilities to have equal access to the fringe benefits offered to individuals without disabilities.19 Additionally, the ADA restricts employers from obtaining medical information from employees by generally prohibiting them from making disability-related inquiries or requiring medical examinations.20 The statute, however, provides an exception to this rule by stating that “[a] covered entity may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that work site.” 21 Employee health programs include workplace wellness programs. In previous guidance on disability-related inquiries and medical examinations under the ADA, EEOC stated that: “A wellness program is `voluntary' as long as an employer neither requires participation nor penalizes employees who do not participate.” 22 However, neither the statute nor EEOC's regulations address the extent to which incentives might affect the voluntary nature of a wellness program.

    18See 42 U.S.C. 12112(a) and 29 CFR 1630.4(a)(1)(vi). Title I of the ADA applies to individuals and covered entities other than employees and employers, including employment agencies, labor organizations, and joint-labor management committees. See 42 U.S.C. 12111(2), 12111(4), 12111(5), and 12112(b) (describing the prohibited practices of each of these entities); see also 29 CFR 1630.2(b) (definition of covered entity) and 29 CFR 1630.4(a)(1) (description of prohibited practices). Although employers generally will be the ADA covered entities that offer wellness programs, this preamble, the proposed rule, and the interpretive guidance accompanying the proposed rule frequently use the term “covered entity,” as that term appears throughout EEOC's entire ADA regulation. The term “covered entity” also has a different meaning for purposes of the HIPAA Privacy, Security, and Breach Notification Rules, as explained later in this preamble. The proposed rule uses the term “HIPAA covered entity” when discussing HIPAA privacy requirements that apply to the group health plan.

    19 42 U.S.C. 12112(b)(5)(A) and 29 CFR 1630.9 (prohibiting covered entity from failing to provide reasonable accommodations absent undue hardship); 29 CFR 1630.2(o)(1)(iii) (reasonable accommodation includes modifications and adjustments that enable a covered entity's employees to enjoy “equal benefits and privileges of employment.”)

    20 42 U.S.C. 12112(d)(4)(A) (a covered entity “shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity.”). EEOC refers to the types of inquiries prohibited by the ADA as “disability-related inquiries” and has issued guidance on what constitutes such an inquiry. See Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act, Q&A 1 (July 27, 2000), available at http://www.eeoc.gov/policy/docs/guidance-inquiries.html (hereafter “Guidance”).

    21 42 U.S.C. 12112(d)(4)(B).

    22See Guidance, at Q&A 22.

    The Interaction of Title I of the ADA and HIPAA's Nondiscrimination Provisions, as Amended by the Affordable Care Act

    The Commission's interpretation of the term “voluntary” in the ADA's disability-related inquiries and medical examinations provision is central to the interaction between the ADA and HIPAA's wellness program provisions, as amended by the Affordable Care Act. A plausible reading of “voluntary” in isolation is that covered entities can only offer de minimis rewards or penalties to employees for their participation (or nonparticipation) in wellness programs that include disability-related inquiries and medical examinations. That reading, however, would make many wellness program incentives tied to the disclosure of health information or the completion of medical examinations expressly permitted by HIPAA impermissible under the ADA. Although it is clear that compliance with the standards in HIPAA is not determinative of compliance with the ADA,23 the Commission believes that it has a responsibility to interpret the ADA in a manner that reflects both the ADA's goal of limiting employer access to medical information and HIPAA's and the Affordable Care Act's provisions promoting wellness programs.

    23See 78 FR at 33168 (noting that HIPAA compliance is not determinative of ADA compliance); see also PHS Act section 2705(j)(3)(A) (noting that wellness programs complying with the HIPAA requirements “shall not violate this section” of the Act).

    Accordingly, the Commission concludes that allowing certain incentives related to wellness programs, while limiting them to prevent economic coercion that could render provision of medical information involuntary, is the best way to effectuate the purposes of the wellness program provisions of both laws.24 One purpose of the ADA's provision applicable to employee health programs is to allow such programs access to medical information where employees voluntarily provide that information.25 One purpose of HIPAA's nondiscrimination provisions governing wellness programs is to ensure that wellness programs do not offer incentives so large as to have the effect of denying coverage or creating too heavy a financial penalty for individuals who do not meet certain health standards.26 HIPAA's nondiscrimination provisions governing wellness programs, however, do not include provisions like those in the ADA that limit the kinds of medical information employers may ask employees to provide through disability-related inquiries or medical examinations.

    24 The Commission does not believe that the ADA's “safe harbor” provision applicable to insurance, as interpreted by the court in Seff v. Broward County, 778 F. Supp. 2d 1370 (S.D. Fla. 2011), affirmed, 691 F.3d 1221 (11th Cir. 2012), is the proper basis for finding wellness program incentives permissible. The ADA contains a clear “safe harbor” for wellness programs—the “voluntary” provision at 42 U.S.C. 12112(d)(4)(B). See H.R. Rep. 101-485, pt. 2, at 51 (“A growing number of employers today are offering voluntary wellness programs in the workplace. These programs often include medical screening for high blood pressure, weight control, cancer detection, and the like. As long as the programs are voluntary and the medical records are maintained in a confidential manner and not used for the purpose of limiting health insurance eligibility or of preventing occupational advancement, these activities would fall within the purview of accepted activities.”). Reading the insurance safe harbor as exempting these programs from coverage would render the “voluntary” provision superfluous.

    25See id. at H.R. Rep. 101-485, pt. 2, at 51.

    26 71 FR 75014, 75018 (December 13, 2006).

    The proposed rule explains what an employee health program is, what it means for an employee health program to be voluntary, what incentives employers may offer as part of a voluntary employee health program, and what requirements apply concerning notice and confidentiality of medical information obtained as part of voluntary employee health programs. In addition, the proposed rule explains that compliance with rules concerning voluntary employee health programs does not ensure compliance with all the antidiscrimination laws EEOC enforces.

    The proposed rule clarifies that an employer may offer limited incentives up to a maximum of 30 percent of the total cost of employee-only coverage, whether in the form of a reward or penalty, to promote an employee's participation in a wellness program that includes disability-related inquiries or medical examinations as long as participation is voluntary. As noted below, EEOC seeks comment on whether additional protections for low-income employees are needed. Voluntary means that a covered entity: (1) Does not require employees to participate; (2) does not deny coverage under any of its group health plans or particular benefits packages within a group health plan for non-participation or limit the extent of such coverage (except pursuant to allowed incentives); and (3) does not take any adverse employment action or retaliate against, interfere with, coerce, intimidate, or threaten employees within the meaning of Section 503 of the ADA, at 42 U.S.C. 12203.

    Further, to ensure that participation in a wellness program that includes disability-related inquiries and/or medical examinations, and that is part of a group health plan, is truly voluntary, an employer must provide a notice that clearly explains what medical information will be obtained, who will receive the medical information, how the medical information will be used, the restrictions on its disclosure, and the methods the covered entity will employ to prevent improper disclosure of the medical information. Finally, the proposed rule allows the disclosure of medical information obtained by wellness programs to employers only in aggregate form, except as needed to administer the health plan. The proposed rule does not implicate disability-related inquiries or medical examinations outside the context of a voluntary wellness program.

    Summary of Proposed Revisions

    The proposed rule re-asserts the Commission's position, based on the language of the ADA, that employee health programs that include disability-related inquiries or medical examinations (including inquiries or medical examinations that are part of a HRA or medical history) must be voluntary and clarifies the application of that rule in light of the amendments made to HIPAA by the Affordable Care Act.

    Proposed section 1630.14(d)(1) says that an employee health program, including any disability-related inquiries and medical examinations that are part of such a program, must be reasonably designed to promote health or prevent disease. This standard is similar to the standard under the tri-agency regulations applicable to health-contingent wellness programs.27 In order to meet the standard, the program must have a reasonable chance of improving the health of, or preventing disease in, participating employees, and must not be overly burdensome, a subterfuge for violating the ADA or other laws prohibiting employment discrimination, or highly suspect in the method chosen to promote health or prevent disease. The interpretive guidance offers examples of programs that would and would not meet this standard.

    27See 26 CFR 54.9802-1(f)(3)(iii); 29 CFR 2590.702(f)(3)(iii); 45 CFR 146.121(f)(iii).

    Section 1630.14(d)(2)(i)-(iii) explains that, for a program to be considered voluntary, a covered entity may not require an employee to participate in such a program and may not deny coverage under any of its group health plans or particular benefits packages within a group health plan, generally may not limit the extent of such coverage, and may not take any other adverse action against employees who refuse to participate in an employee health program or fail to achieve certain health outcomes. Additionally, an employer may not retaliate against, interfere with, coerce, intimidate, or threaten employees in violation of Section 503 of the ADA, at 42 U.S.C. 12203 (e.g., by coercing an employee to participate in an employee health program or threatening to discipline an employee who does not participate).

    Section 1630.14(d)(2)(iv) says that for an employee's participation in a wellness program that is part of a group health plan to be deemed voluntary, a covered entity must provide a notice clearly explaining what medical information will be obtained, how the medical information will be used, who will receive the medical information, the restrictions on its disclosure, and the methods the covered entity uses to prevent improper disclosure of medical information.

    Section 1630.14(d)(3) clarifies that the offer of limited incentives to participate in wellness programs that are part of a group health plan and that include disability-related inquiries and/or medical examinations, will not render the program involuntary. However, the total allowable incentive available under all programs (both participatory programs and health-contingent programs) may not exceed 30 percent of the total cost of employee-only coverage, which generally is the maximum allowable incentive available under HIPAA and the Affordable Care Act for health-contingent wellness programs.28

    28 The interpretive guidance accompanying the proposed rule as well as question 6 below address the application of incentives related to smoking cessation programs.

    The EEOC proposes to extend the 30 percent limit set under HIPAA and the Affordable Care Act to include participatory wellness programs that ask an employee to respond to a disability-related inquiry or undergo a medical examination. HIPAA and Affordable Care Act wellness program provisions are limited to regulating what constitutes discrimination based on a health factor. As long as an incentive for a participatory wellness program is available to all similarly situated employees, regardless of any health factor, the incentive will not violate HIPAA and the Affordable Care Act. By contrast, the ADA rules concerning disability-related inquiries and medical examinations of employees limit the circumstances under which employers may obtain medical information from employees and the type of information that may be sought. For this reason, EEOC has determined that placing limits on the rewards employers may offer for employee participation (or penalties for non-participation) where participation requires employees to answer disability-related inquiries or take medical examinations promotes the ADA's interest in ensuring that incentive limits are not so high as to make participation in the program involuntary. At the same time, these limits comport with HIPAA and the Affordable Care Act wellness program provisions.

    The EEOC has not changed any of the exceptions to confidentiality set out in section 1630.14(d). The Commission, however, proposes to add a new subsection, 1630.14(d)(6), concerning the confidentiality and use of medical information gathered in the course of providing voluntary health services to employees, including information collected as part of an employee's participation in an employee health program. This subsection states that medical information collected through an employee health program only may be provided to a covered entity under the ADA in aggregate terms that do not disclose, or are not reasonably likely to disclose, the identity of specific individuals, except as needed to administer the health plan and except as permitted under 1630.14(d)(4). The interpretive guidance explains that both employers that sponsor wellness programs and administrators of wellness programs acting as agents of employers have obligations to ensure compliance with this provision.

    Further, the interpretive guidance explains that where a wellness program is part of a group health plan, the individually identifiable health information collected from or created about participants as part of the wellness program is protected health information under the HIPAA Privacy, Security, and Breach Notification Rules. See 45 CFR part 160 and Part 164. The HIPAA Privacy, Security, and Breach Notification Rules apply to HIPAA covered entities, which include group health plans, and generally protect the individually identifiable health information maintained by or on behalf of such entities. Accordingly, the interpretative guidance provides that where a wellness program is part of a group health plan and required to comply with HIPAA, its obligation to comply with section 1630.14(d)(6) generally may be satisfied by adhering to the HIPAA Privacy Rule. Thus, when an employer that is a health plan sponsor performing plan administration receives individually identifiable health information from or on behalf of the group health plan, as permitted by HIPAA, it generally satisfies its requirement to comply with section 1630.14(d)(6) by certifying to the group health plan, as provided by 45 CFR 164.504(f)(2)(ii), that it will not use or disclose the information for purposes not permitted by its group health plan documents and the HIPAA Privacy Rule and abiding by that certification. If an employer is not performing plan administration on behalf of the group health plan, then the aggregate information that the employer may receive from the wellness program under section 1630.14(d)(6) must be de-identified in accordance with the HIPAA Privacy Rule. Further, other disclosures of protected health information from the wellness program may only be made in accordance with the Privacy Rule. Thus, certain disclosures that are otherwise permitted under 1630.14(d)(4) for employee health programs generally may not be permissible under the Privacy Rule for wellness programs that are part of a group health plan without the written authorization of the individual.

    Section 1630.14(d)(7) clarifies that compliance with paragraph (d) of this section, including the proposed limit on incentives under the ADA, does not relieve a covered entity of its obligation to comply with other employment nondiscrimination laws. Thus, for example, as the interpretive guidance accompanying the proposed rule explains, even if an employer's wellness program complies with the incentive limits set forth in the ADA regulations, the employer would violate Title VII or the Age Discrimination in Employment Act (ADEA) if that program discriminates on the basis of race, sex, national origin, or age, or any other grounds prohibited by those statutes.

    Employee health programs that do not include disability-related inquiries or medical examinations, such as those that provide employees with general health information and education programs are not subject to the incentive rules discussed here. Like other benefit programs offered by covered entities, however, these programs must not discriminate against employees with disabilities. This nondiscrimination requirement includes providing reasonable accommodations that enable employees with disabilities to fully participate in employee health programs and earn any reward or avoid any penalty offered as part of those programs.29

    29 Additionally, as discussed earlier in this preamble, the regulations under HIPAA and the Affordable Care Act require that an activity-only program allow a reasonable alternative standard (or waiver of the otherwise applicable standard) for obtaining the reward for any individual for whom, for that period, it is unreasonably difficult due to a medical condition to satisfy the otherwise applicable standard, or for whom it is medically inadvisable to attempt to satisfy the otherwise applicable standard. Similarly, an outcome-based program must allow a reasonable alternative standard (or waiver of the otherwise applicable standard) for obtaining the reward to any individual who does not meet the initial standard based on a measurement, test, or screening.

    This revision will require renumbering 29 CFR 1630.14(d).

    The Commission invites written comments from members of the public on any issues related to this proposed rule, including general comments about wellness programs or about particular practices that might violate the ADA or other laws enforced by the EEOC. In addition, the Commission specifically requests comments on several issues:

    (1) Whether the way in which the Commission reconciles the ADA's “voluntary” requirement with the wellness program provisions in the Affordable Care Act is appropriate given the intent behind both provisions. Specifically, the Commission seeks comment on:

    (a) Whether to be “voluntary” under the ADA, entities that offer incentives to encourage employees to disclose medical information must also offer similar incentives to persons who choose not to disclose such information, but who instead provide certification from a medical professional stating that the employee is under the care of a physician and that any medical risks identified by that physician are under active treatment.

    (b) Whether to be considered “voluntary” under the ADA, the incentives provided in a wellness program that asks employees to respond to disability-related inquiries and/or undergo medical examinations may not be so large as to render health insurance coverage unaffordable under the Affordable Care Act and therefore in effect coercive for an employee. Specifically, the Commission seeks input on whether it would be appropriate for the Commission to provide that the incentives employers offer to employees to promote participation in wellness programs must not render the cost of health insurance unaffordable to employees within the meaning of 26 U.S.C. 36B (c)(2)(C) as implemented by 26 CFR 54.4980H-5(e). Generally, the cost of health insurance is affordable within the meaning of 26 U.S.C. 36B(c)(2)(C) if the portion an employee would have to pay for employee-only coverage would not exceed a specified percent of household income (9.56 percent in 2015). Where such incentives would render a plan unaffordable for an individual, it would be deemed coercive and involuntary to require that individual to answer disability-related inquiries and/or submit to medical examinations connected with the wellness program at issue.

    (c) Whether there are any methods other than those mentioned in the proposed regulation and the questions above by which the Commission can effectuate the intent of both the “voluntary” requirement in the ADA and the provisions in the Affordable Care Act intended to encourage workplace health promotion and disease prevention.

    (2) Should the proposed notice requirements of this rule, at section 1630.14(d)(2)(iv), also include a requirement that employees participating in wellness programs that include disability-related inquiries and/or medical examinations, and that are part of a group health plan, provide prior, written, and knowing confirmation that their participation is voluntary? If so, what form should such an authorization take? Are principles of informed consent in the medical context helpful in fashioning an appropriate authorization? Are there existing forms that could provide adequate protections, such as forms developed under HIPAA, forms employers already use in connection with wellness programs, or forms employers use to comply with Title II of GINA? What costs would be associated with developing an appropriate authorization form and/or collecting and maintaining authorization forms for employees who decide to participate in wellness programs?

    (3) Should the proposed notice requirement apply only to wellness programs that offer more than de minimis rewards or penalties to employees who participate (or decline to participate) in wellness programs that ask them to respond to disability-related inquiries and/or undergo medical examinations? If so, how should the Commission define “de minimis”?

    (4) Which best practices ensure that wellness programs are designed to promote health and do not operate to shift costs to employees with health impairments or stigmatized conditions?

    (5) Whether employers offer (or are likely to offer in the future) wellness programs outside of a group health plan or group health insurance coverage that use incentives to promote participation in such programs or to encourage employees to achieve certain health outcomes and the extent to which the ADA regulations should limit incentives provided as part of such programs.

    (6) What will be the practical effect of adopting the specific incentive limit set forth in the proposed rule (rather than expressly referencing and incorporating the wellness-program incentive limits as they are defined by the Secretaries of Labor, Treasury, and Health and Human Services pursuant to the Affordable Care Act)? Specifically, what, if any, will be the impact of the proposed rule's 30-percent limit on incentives offered with respect to wellness programs intended to prevent or reduce tobacco use where such programs ask employees to respond to disability-related inquiries and/or undergo medical examinations?

    Regulatory Procedures Executive Order 12866

    Pursuant to Executive Order 12866, EEOC has coordinated this proposed rule with the Office of Management and Budget. Under section 3(f)(1) of Executive Order 12866, EEOC has determined that the proposed regulation will not have an annual effect on the economy of $100 million or more, or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local or tribal governments or communities.

    Although a detailed cost-benefit analysis of the proposed regulation is not required, the Commission recognizes that providing some information on potential costs and benefits of the rule may be helpful in assisting members of the public in better understanding the potential impact of the proposed rule. The Commission notes that the rule will significantly aid compliance with the ADA and with HIPAA, as amended by the Affordable Care Act, by employers and group health plans that offer wellness programs. Currently, employers face uncertainty as to whether providing incentives permitted by HIPAA will subject them to liability under the ADA. This rule will clarify that the ADA does permit employers to offer incentives to promote participation in wellness programs that include disability-related inquiries and/or medical examinations. We believe that a potential benefit of this rule is that it will enable employers to adopt wellness programs that include incentives with certainty about their obligations under the ADA. The Commission does not believe the costs associated with the rule are significant. Employers covered by the ADA are already required to comply with wellness program incentive limits for health-contingent wellness programs. EEOC's proposed rule differs from HIPAA's wellness program incentives only in that it extends the 30 percent limit on incentives under health-contingent wellness programs to participatory wellness programs. HIPAA, as amended by the Affordable Care Act, places no limits on incentives for participatory wellness programs. As the incentives offered by the vast majority of employers currently fall below the limit of 30 percent of the cost of self-only coverage, the Commission does not believe the rule will negatively affect the ability of employers to offer incentives sufficient to promote meaningful participation in wellness programs.

    The only other potential cost is associated with the requirement that employers provide a notice to employees informing them what medical information will be obtained, how it will be used, who will receive it, and the restrictions on disclosure. For the reasons set forth in the Paperwork Reduction Act analysis that follows, the Commission concludes that approximately 299,115 employers will need to develop such a notice. The Commission estimates the time required to develop the notice to be four hours, for a total of 1,196,460 hours. According to data from the Bureau of Labor Statistics, the average hourly compensation for employees in “management, professional, and related” occupations was $55.56 as of December 2014, and the average hourly compensation for employees working in “office and administrative support” was $23.98. See Bureau of Labor Statistics, Employer Costs for Employee Compensation—December 2014 (March 11, 2015), available at www.bls.gov/news.release/pdf/ecec.pdf. Assuming that 50 percent of the time required to develop an appropriate notice is attributable to employees working in management, professional, and related occupations and that 50 percent of the time is attributable to employees working in office and administrative support, the Commission estimates that the total cost of developing a notice that complies with the requirements of the proposed rule would be $42,583,000. We note that some employers and group health plans may already have notices that comply with these requirements, and that those that do not will incur only a one-time cost to develop an appropriate notice. The Commission seeks comments on these cost estimates.

    Other requirements in the rule will result in no costs, since they simply restate basic principles of nondiscrimination under the ADA. Even in the absence of this rule, employers are prohibited from requiring employees to participate in employee health programs that include disability-related inquiries and/or medical examinations; denying employees health insurance (or any other benefit of employment) if they do not participate in wellness programs; retaliating against employees who file charges claiming that a wellness program violates the ADA; and attempting to induce participation in employee health programs through interference with their ADA rights, coercion, intimidation, and threats. Employers are also required to provide reasonable accommodations to enable employees to enjoy equal benefits and privileges of employment, which would include participation in employee health programs. To the extent confidentiality of medical information acquired in the course of providing an employee health program is required, the proposed rule will result in no additional costs. The ADA already requires employers to keep medical information about applicants and employees confidential.

    To the extent the proposed rule can be read to impose additional confidentiality obligations, the interpretive guidance to the rule makes clear that a wellness program that is part of a group health plan may generally satisfy its obligation to comply with proposed section 1630.14(d)(6) by adhering to the HIPAA Privacy Rule. See 45 CFR part 160 and Part 164, Subparts A and E. An employer that is a health plan sponsor and receives individually identifiable health information from or on behalf of the group health plan, as permitted by HIPAA when the plan sponsor is administering aspects of the plan, may generally comply with the proposed rule by certifying to the group health plan, also pursuant to the HIPAA Privacy Rule, that it will not use or disclose the information for purposes not permitted by its plan documents and the Privacy Rule, such as for employment purposes, and abiding by that certification. Further, if an employer is not performing plan administration functions on behalf of the group health plan, then the employer may receive aggregate information from the wellness program under section 1630.14(d)(6) only so long as it is de-identified in accordance with the HIPAA Privacy Rule.

    Paperwork Reduction Act

    These proposed additions to EEOC's regulations contain an information collection requirement subject to review and approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act. As required by the Paperwork Reduction Act, the EEOC is submitting to OMB a request for approval of the information collection requirement under section 3507(d) of the Act. Organizations or individuals desiring to submit comments for consideration by OMB on the information collection requirement should address them to Chad Lallemand in the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., Room 10235, New Executive Office Building, Washington, DC 20503, or by email to [email protected].

    Copies of comments should also be sent to Bernadette Wilson, Acting Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, 131 M Street NE., Washington, DC 20507. As a convenience to commenters, the Executive Secretariat will accept comments totaling six or fewer pages via FAX transmittal. This limitation is necessary to assure access to the equipment. The telephone number of the fax receiver is (202) 663-4114. (This is not a toll-free number.) Receipt of FAX transmittals will not be acknowledged, except that the sender may request confirmation of receipt by calling the Executive Secretariat staff at (202) 663-4070 (voice) or (202) 663-4074 (TTY). (These are not toll-free numbers.) Instead of sending written comments to EEOC, you may submit comments and attachments electronically at http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. All comments received through this portal will be posted without change, including any personal information you provide. Copies of comments submitted by the public to EEOC directly or through the Federal eRulemaking Portal will be available for review at the Commission's library between the hours of 9:00 a.m. and 5:00 p.m. Eastern Time or can be reviewed at http://www.regulations.gov.

    Overview of This Information Collection

    Collection Title: Notice requirement under Title I of the ADA, 29 CFR 1630.14(d)(2)(iv).

    OMB number: 3046-xxxx.

    Description of affected public: Employers with 15 or more employees that are subject to Title I of the ADA and offer wellness programs as part of group health plans.

    Number of respondents: 299,115.

    Initial one-time hour burden: 1,196,460.

    Annual hour burden: None.

    Number of forms: None.

    Federal cost: None.

    Abstract: The proposed rule says that a wellness program that includes disability-related inquiries or medical examinations and that is part of a group health plan must meet several requirements to be deemed voluntary, including providing a notice to employees informing them what medical information will be obtained, how it will be used, who will receive it, and the restrictions on disclosure.

    Burden Statement: We estimate that there are approximately 782,000 employers with 15 or more employees subject to the ADA and, of that number, one half to two thirds (391,000 to 586,500) offer some type of wellness program.30 Of those employers, 32 percent to 51 percent require employees to complete a health risk assessment (HRA) that likely contains disability-related questions.31 Using the highest estimates, we assume that 299,115 (51 percent of 586,500 employers) will be covered by this requirement.

    30 According to the RAND Final Report, “approximately half of U.S. employers offer wellness promotion initiatives.” By contrast, the Kaiser Survey found that “[s]eventy-four percent of employers offering health benefits” offer at least one wellness program.

    31 The Kaiser Survey reports that 51 percent of large employers versus 32 percent of small employers ask employees to complete a HRA.

    Some employers and group health plans may already use forms that comply with the proposed notice requirement; therefore, the burden only will be on employers and group health plans that will incur a one-time burden to develop an appropriate notice to ensure that employees who provide medical information pursuant to a wellness program do so voluntarily. This notice may be included on or attached to any HRA employees are asked to complete and should explain what medical information will be obtained, how it will be used, who will receive it, and the restrictions on disclosure. Assuming that creation of such a document would take four hours, and assuming that 299,115 employers would be covered by the proposed regulation, this one-time burden would be 1,196,460 hours. Because employers do not have to develop a new form unless they collect medical information for a different purpose, they will be able to annually redistribute the same notice to all relevant employees.

    For those wishing to comment on the above information collection, OMB is particularly interested in comments which:

    (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the Commission's functions, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the Commission'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 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.

    Regulatory Flexibility Act

    Title I of the ADA applies to approximately 782,000 employers with 15 or more employees subject to the ADA, approximately 764,233 of which are small firms (entities with 15-500 employees) according to data provided by the Small Business Administration Office of Advocacy. See Firm Size Data at http://www.sba.gov/advocacy/849/12162.

    The Commission certifies under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities because it imposes no reporting burdens and only minimal costs on such firms. The proposed rule clarifies that, in most respects, employers who offer wellness programs that are part of their health plans may offer incentives to employees consistent with HIPAA and the Affordable Care Act without violating the ADA. The amount of an incentive offered for participation (alone or in combination with incentives offered for health-contingent wellness programs) in a wellness program will not render a program involuntary under the ADA as long as the incentive does not exceed 30 percent of the total cost of employee-only coverage.

    To the extent that employers will expend resources to train human resources staff and others on the revised rule, we note that the EEOC conducts extensive outreach and technical assistance programs, many of them at no cost to employers, to assist in the training of relevant personnel on EEO-related issues. For example, in FY 2013, the agency's outreach programs reached more than 280,000 persons through participation in more than 3,800 no-cost educational, training, and outreach events. We estimate that the typical human resources professional will need to dedicate, at most, 90 minutes to gain a satisfactory understanding of the revised regulations. We further estimate that the median hourly pay rate of a human resources professional is approximately $48.50. See Bureau of Labor Statistics, Occupational Employment and Wages, May 2013 at http://www.bls.gov/oes/current/oes113121.htm. Assuming that small entities have between one and five human resources professionals/managers, we estimate that the cost per entity of providing appropriate training will be between approximately $72.75 and $363.75.

    EEOC does not believe that this cost will be significant for the impacted small entities. We urge small entities to submit comments concerning EEOC's estimates of the number of small entities affected, as well as the cost to those entities.

    Unfunded Mandates Reform Act of 1995

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

    List of Subjects in 29 CFR Part 1630

    Equal employment opportunity, Individuals with disabilities.

    For the Commission,

    Dated: April 13, 2015. Bernadette B. Wilson, Acting Executive Officer.

    For the reasons set forth in the preamble, the EEOC proposes to amend 29 CFR part 1630 to read as follows:

    PART 1630—[AMENDED] 1. The authority citation for part 1630 continues to read as follows: Authority:

    42 U.S.C. 12116 and 12205a of the American with Disabilities Act, as amended.

    2. Amend § 1630.14 by: a. Redesignating paragraph (d)(1) as paragraph (d)(4); b. Redesignating paragraph (d)(2) as paragraph (d)(5); c. Adding new paragraphs (d)(1), (d)(2), (d)(3), (d)(6), and (d)(7).

    The revisions and additions read as follows:

    § 1630.14 Medical examinations and inquiries specifically permitted.

    (d) * * *

    (1) Employee health program. An employee health program, including any disability-related inquiries or medical examinations that are part of such program, must be reasonably designed to promote health or prevent disease. A program satisfies this standard if it has a reasonable chance of improving the health of, or preventing disease in, participating employees, and it is not overly burdensome, is not a subterfuge for violating the ADA or other laws prohibiting employment discrimination, and is not highly suspect in the method chosen to promote health or prevent disease.

    (2) Voluntary. An employee health program that includes disability-related inquiries or medical examinations (including disability-related inquiries or medical examinations that are part of a health risk assessment) is voluntary as long as a covered entity:

    (i) Does not require employees to participate;

    (ii) Does not deny coverage under any of its group health plans or particular benefits packages within a group health plan for non-participation, or limit the extent of benefits (except as allowed under paragraph (d)(3) of this section) for employees who do not participate;

    (iii) Does not take any adverse employment action or retaliate against, interfere with, coerce, intimidate, or threaten employees within the meaning of Section 503 of the ADA, at 42 U.S.C. 12203; and

    (iv) Where a health program is a wellness program that is part of a group health plan, provides employees with a notice that:

    (A) Is written so that the employee from whom medical information is being obtained is reasonably likely to understand it;

    (B) Describes the type of medical information that will be obtained and the specific purposes for which the medical information will be used; and

    (C) Describes the restrictions on the disclosure of the employee's medical information, the employer representatives or other parties with whom the information will be shared, and the methods that the covered entity will use to ensure that medical information is not improperly disclosed (including whether it complies with the measures set forth in the HIPAA regulations codified at 45 CFR parts 160 and 164).

    (3) Incentives offered for employee wellness programs that are part of a group health plan. The use of incentives (financial or in-kind) in an employee wellness program, whether in the form of a reward or penalty, together with the reward for any other wellness program that is offered as part of a group health plan (as defined in 29 U.S.C. 1191b(a)), will not render the program involuntary if the maximum allowable incentive available under the program (whether the program is a participatory program or a health-contingent program, or some combination of the two, as those terms are defined in regulations at 26 CFR 54.9802-1(f)(1)(ii) and (iii), 29 CFR 2590.702(f)(1)(ii) and (iii), and 45 CFR 146.121(f)(1)(ii) and (iii), respectively) does not exceed 30 percent of the total cost of employee-only coverage.

    (6) Except as permitted under paragraph (d)(4) and as is necessary to administer the health plan, information obtained under paragraph (d) of this section regarding the medical information or history of any individual may only be provided to an ADA covered entity in aggregate terms that do not disclose, or are not reasonably likely to disclose, the identity of any employee.

    (7) Compliance with the requirements of paragraph (d) of this section, including the limit on incentives under the ADA, does not relieve a covered entity from the obligation to comply in all respects with the nondiscrimination provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., the Equal Pay Act of 1963, 29 U.S.C. 206(d), the Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq., Title II of the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. 2000ff, et seq., or other sections of Title I of the ADA.

    3. In the Appendix to Part 1630 revise Section 1630.14(d), to read as follows: Appendix to Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act Section 1630.14 Medical Examinations and Inquiries Specifically Permitted Section 1630.14(d)(1): Health Program

    Part 1630 permits voluntary medical examinations and inquiries, including voluntary medical histories, as part of employee health programs. These health programs include wellness programs, which often incorporate, for example: A health risk assessment (HRA) (consisting of a medical questionnaire, with or without medical examinations, to determine risk factors); medical screening for high blood pressure, cholesterol, or glucose; classes to help employees stop smoking or lose weight; physical activities in which employees can engage (such as walking or exercising daily); coaching to help employees meet health goals; and/or the administration of prescription drugs (like insulin). Many employers offer wellness programs as part of a group health plan as a means of improving overall employee health with the goal of realizing lower health care costs.

    It is not sufficient for a covered entity merely to claim that its collection of medical information is part of a wellness program; the program, including any disability-related inquiries and medical examinations that are part of such program, must be reasonably designed to promote health or prevent disease. In order to meet this standard, the program must have a reasonable chance of improving the health of, or preventing disease in, participating employees, and must not be overly burdensome, a subterfuge for violating the ADA or other laws prohibiting employment discrimination, or highly suspect in the method chosen to promote health or prevent disease. Conducting a HRA and/or a biometric screening of employees for the purpose of alerting them to health risks of which they may have been unaware would meet this standard, as would the use of aggregate information from employee HRAs by an employer to design and offer health programs aimed at specific conditions that are prevalent in the workplace. An employer might conclude from aggregate information, for example, that a significant number of its employees have diabetes or high blood pressure and might design specific programs that would enable employees to treat or manage these conditions. On the other hand, collecting medical information on a health questionnaire without providing employees follow-up information or advice, such as providing feedback about risk factors or using aggregate information to design programs or treat any specific conditions, would not be reasonably designed to promote health. Additionally, a program is not reasonably designed to promote health or prevent disease if it imposes, as a condition to obtaining a reward, an overly burdensome amount of time for participation, requires unreasonably intrusive procedures, or places significant costs related to medical examinations on employees. A program also is not reasonably designed if it exists mainly to shift costs from the covered entity to targeted employees based on their health.

    Section 1630.14(d)(2): Definition of “Voluntary”

    Section 1630.14(d)(2)(i)-(iii) of this part says that participation in employee health programs that include disability-related inquiries or medical examinations (such as disability-related inquiries or medical examinations that are part of a HRA) must be voluntary in order to comply with the ADA. This means that covered entities may not require employees to participate in such programs, may not deny employees access to health coverage under any of its group health plans or particular benefits packages within a group health plan for non-participation, may not limit coverage under their health plans for such employees, except to the extent the limitation (e.g., having to pay a higher deductible) may be the result of forgoing a financial incentive permissible under paragraph (d)(3), and may not take any other adverse action against employees who choose not to answer disability-related inquiries or submit to medical examinations. Additionally, covered entities may not retaliate against, interfere with, coerce, intimidate, or threaten employees within the meaning of Section 503 of the ADA, at 42 U.S.C. 12203. For example, an employer may not retaliate against an employee who refused to participate in a health program or filed a charge with the EEOC concerning the program, may not coerce an employee into participating in a health program or into giving the employer access to medical information collected as part of the program, and may not threaten an employee with discipline if the employee does not participate in a health program. See 42 U.S.C. 12203(a) and (b); 29 CFR 1630.12.

    Section 1630.14(d)(2)(iv) of this part also states that for a wellness program that is part of a group health plan to be voluntary, an employer must provide employees with a notice clearly explaining what medical information will be obtained, how the medical information will be used, who will receive the medical information, the restrictions on its disclosure, and the methods the covered entity uses to prevent improper disclosure of medical information.

    Section 1630.14(d)(3): Limitations on Incentives

    The ADA, interpreted in light of the Health Insurance Portability and Accountability Act (HIPAA), as amended by the Affordable Care Act, does not prohibit the use of incentives to encourage participation in employee health programs, but it does place limits on them. In general, the use of limited incentives (which include both financial and in-kind incentives, such as time-off awards, prizes, or other items of value) in a wellness program that is part of a group health plan or group health insurance coverage will not render a wellness program involuntary. However, the maximum allowable incentive for a participatory program that involves asking disability-related questions or conducting medical examinations (such as having employees complete a HRA) or for a health-contingent program that requires participants to satisfy a standard related to a health factor may not exceed 30 percent of the total cost of employee-only coverage. Thus, for example, for purposes of compliance with these provisions under the ADA, suppose a group health plan under which an employee is enrolled has a total annual premium for employee-only coverage of $5,000 (which includes both the employer's and employee's contributions toward coverage). The plan provides a $250 reward to employees who complete a HRA (this reward is given to any participant who completes the HRA, without regard to the health issues identified as part of the assessment). The plan also offers a health-contingent wellness program to promote cardiovascular health, with an opportunity to earn a $1,500 reward. An employee who satisfies both components of the program could earn a total reward of $1,750. Such a reward would violate the ADA because the total reward available exceeds 30 percent of the total cost of coverage. However, if the employer offered no reward for completing the HRA and a $1,500 reward for achieving health outcomes under the wellness program (or offered $750 for completing the HRA and $750 for achieving health outcomes in the wellness program), the incentives would comply with the ADA. Not all wellness programs require disability-related inquiries or medical examinations in order to earn an incentive. Examples may include attending nutrition, weight loss, or smoking cessation classes. These types of programs are not subject to the ADA incentive rules discussed here, although programs that qualify as health-contingent programs are subject to HIPAA incentive limits.

    Under the ADA, regardless of whether a wellness program includes disability-related inquiries or medical examinations, reasonable accommodations must be provided, absent undue hardship, to enable employees with disabilities to earn whatever financial incentive an employer or other covered entity offers. Providing a reasonable alternative standard and notice to the employee of the availability of a reasonable alternative under HIPAA and the Affordable Care Act as part of a health-contingent program would likely fulfill a covered entity's obligation to provide a reasonable accommodation under the ADA. However, under the ADA, a covered entity would have to provide a reasonable accommodation for a participatory program even though HIPAA and the Affordable Care Act do not require such programs to offer a reasonable alternative standard.

    For example, an employer that offers employees a financial incentive to attend a nutrition class, regardless of whether they reach a healthy weight as a result, would have to provide a sign language interpreter so that an employee who is deaf and who needs an interpreter to understand the information communicated in the class could earn the incentive, as long as providing the interpreter would not result in undue hardship to the employer. Similarly, an employer would, absent undue hardship, have to provide written materials that are part of a wellness program in an alternate format, such as in large print or on computer disk, for someone with a vision impairment. An individual with a disability also may need a reasonable accommodation to participate in a wellness program that includes disability-related inquiries or medical examinations, including waiver of a generally applicable requirement. For example, an employer that offers a reward for completing a biometric screening that includes a blood draw would have to provide an alternative test (or certification requirement) so that an employee with a disability that makes drawing blood dangerous can participate and earn the incentive.

    Application of Section 1630.14(d)(3) to Smoking Cessation Programs

    Regulations implementing the wellness provisions in HIPAA, as amended by the Affordable Care Act, permit covered entities to offer incentives as high as 50 percent of the total cost of employee coverage for tobacco-related wellness programs, such as smoking cessation programs. As noted above, the incentive rules in Section 1630.14(d)(3) apply only to employee health programs that include disability-related inquiries or medical examinations. A smoking cessation program that merely asks employees whether or not they use tobacco (or whether or not they ceased using tobacco upon completion of the program) is not an employee health program that includes disability-related inquiries or medical examinations. The incentive rules in Section 1630.14(d)(3) would not apply to incentives a covered entity could offer in connection with such a program. Therefore, a covered entity would be permitted to offer incentives as high as 50 percent of the cost of employee coverage for that smoking cessation program, pursuant to the regulations implementing HIPAA, as amended by the Affordable Care Act, without implicating the disability-related inquiries or medical examinations provision of the ADA. The ADA nondiscrimination requirements, such as the need to provide reasonable accommodations that provide employees with disabilities equal access to benefits, would still apply.

    By contrast, a biometric screening or other medical examination that tests for the presence of nicotine or tobacco is a medical examination. The ADA financial incentive rules discussed supra would therefore apply to a wellness program that included such a screening.

    Section 1630.14(d)(4)-(6): Confidentiality

    Paragraphs (d)(4) and (d)(5) say that medical records developed in the course of providing voluntary health services to employees, including wellness programs, must be maintained in a confidential manner and must not be used for any purpose in violation of this part, such as limiting insurance eligibility. See House Labor Report at 75; House Judiciary Report at 43-44. Further, although an exception to confidentiality that tracks the language of the ADA itself states that information gathered in the course of providing employees with voluntary health services may be disclosed to managers and supervisors in connection with necessary work restrictions or accommodations, such an exception would rarely, if ever, apply to medical information collected as part of a wellness program. In addition, as described more fully below, certain disclosures that are permitted for employee health programs generally may not be permissible under the HIPAA Privacy Rule for wellness programs that are part of a group health plan without the written authorization of the individual.

    Section 1630.14(d)(6) says that a covered entity only may receive information collected as part of an employee health program in aggregate form that does not disclose, and is not reasonably likely to disclose, the identity of specific individuals except as is necessary to administer the plan or as permitted by section 1630.14(d)(4). Notably, both employers that sponsor employee health programs and the employee health programs themselves (if they are administered by the employer or qualify as the employer's agent) are responsible for ensuring compliance with this provision.

    Where a wellness program is part of a group health plan, the individually identifiable health information collected from or created about participants as part of the wellness program is protected health information (PHI) under the HIPAA Privacy, Security, and Breach Notification Rules. (45 CFR parts 160 and 164.) The HIPAA Privacy, Security, and Breach Notification Rules apply to HIPAA covered entities, which include group health plans, and generally protect identifiable health information maintained by or on behalf of such entities, by among other provisions, setting limits and conditions on the uses and disclosures that may be made of such information.

    PHI is information, including demographic data that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual (including, for example, address, birth date, or social security number), and that relates to: An individual's past, present, or future physical or mental health or condition; the provision of health care to the individual; or the past, present, or future payment for the provision of health care to the individual. HIPAA covered entities may not disclose PHI to an individual's employer except in limited circumstances. For example, as discussed more fully below, an employer that sponsors a group health plan may receive PHI to administer the plan (without authorization of the individual), but only if the employer certifies to the plan that it will safeguard the information and not improperly use or share the information. See Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”), Pub. L. 104-191; 45 CFR part 160 and Part 164, Subparts A and E. However, there are no restrictions on the use or disclosure of health information that has been de-identified in accordance with the HIPAA Privacy Rule. Individuals may file a complaint with HHS if a health plan fails to comply with privacy requirements and HHS may impose civil money penalties for noncompliance.

    A wellness program that is part of a HIPAA covered entity likely will be able to comply with its obligation under section 1630.14(d)(6) by complying with the HIPAA Privacy Rule. An employer that is a health plan sponsor and receives individually identifiable health information from or on behalf of the group health plan, as permitted by HIPAA when the plan sponsor is administering aspects of the plan, may generally satisfy its requirement to comply with section 1630.14(d)(6) by certifying to the group health plan, as provided by 45 CFR 164.504(f)(2)(ii), that it will not use or disclose the information for purposes not permitted by its plan documents and the Privacy Rule, such as for employment purposes, and abiding by that certification. Further, if an employer is not performing plan administration functions on behalf of the group health plan, it may receive aggregate information from the wellness program under section 1630.14(d)(6) only so long as the information is de-identified in accordance with the HIPAA Privacy Rule. In addition, disclosures of protected health information from the wellness program may only be made in accordance with the Privacy Rule. Thus, certain disclosures that are otherwise permitted under section 1630.14(d)(4) for employee health programs generally may not be permissible under the Privacy Rule for wellness programs that are part of a group health plan without the written authorization of the individual.

    Employers and wellness program providers must take steps to protect the confidentiality of employee medical information provided as part of an employee health program. Some of the following steps may be required by law; others may be best practices. Proper training of individuals who handle medical information in the requirements of the HIPAA Rules, the ADA, and any other applicable privacy laws is critical. Employers and program providers should have clear privacy policies and procedures related to the collection, storage, and disclosure of medical information. On-line systems and other technology should guard against unauthorized access, such as through use of encryption for medical information stored electronically.

    As a best practice, individuals who handle medical information that is part of an employee health program should not be responsible for making decisions related to employment, such as hiring, termination, or discipline. Use of a third-party vendor may reduce the risk that medical information will be disclosed to individuals who make employment decisions, particularly for employers whose organizational structure makes it difficult to provide adequate safeguards. If an employer uses a third-party vendor, it should be familiar with the vendor's privacy policies for ensuring the confidentiality of medical information. Employers that administer their own wellness programs need adequate firewalls in place to prevent unintended disclosure.

    If individuals who handle medical information obtained through a wellness program also act as decision-makers (which may be the case for a small employer that administers its own wellness program), they may not use the information to discriminate on the basis of disability in violation of the ADA.

    Breaches of confidentiality should be reported to affected employees immediately and should be thoroughly investigated. Employers should make clear that individuals responsible for disclosures of confidential medical information will be disciplined and should consider discontinuing relationships with vendors responsible for breaches of confidentiality.

    Section 1630.14(d)(7): Compliance With Other Employment Nondiscrimination Laws

    Finally, section 1630.14(d)(7) clarifies that compliance with the requirements of paragraph (d) of this section, including the limits on incentives applicable under the ADA, does not mean that a covered entity complies with other federal employment nondiscrimination laws, such as Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., the Equal Pay Act of 1963, 29 U.S.C. 206(d), the Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq., Title II of the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. 2000ff et seq., and other sections of Title I of the ADA. Thus, even though an employer's wellness program might comply with the incentive limits set out in paragraph (d)(3), the employer would violate federal nondiscrimination statutes if that program discriminates on the basis of race, sex, national origin, or age.

    [FR Doc. 2015-08827 Filed 4-16-15; 11:15 am] BILLING CODE 6570-01-P
    DEPARTMENT OF THE INTERIOR Bureau of Safety and Environmental Enforcement 30 CFR Parts 250 and 254 Bureau of Ocean Energy Management 30 CFR Part 550 [Docket ID: BSEE-2013-0011; 15XE1700DX EX1SF0000.DAQ000 EEEE500000] RIN 1082-AA00 Oil and Gas and Sulphur Operations on the Outer Continental Shelf—Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf AGENCY:

    Bureau of Safety and Environmental Enforcement (BSEE), Interior; Bureau of Ocean Energy Management (BOEM), Interior.

    ACTION:

    Extension of comment period for Notice of Proposed Rulemaking

    SUMMARY:

    BOEM and BSEE are extending the public comment period on the Notice of Proposed Rulemaking entitled, “Oil and Gas and Sulphur Operations on the Outer Continental Shelf—Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf,” which was published in the Federal Register on February 24, 2015, (80 FR 9916). The original public comment period would have ended on April 27, 2015. However, BOEM and BSEE have received public comments requesting an extension of the comment period. BOEM and BSEE have reviewed the extension requests and determined that a 30-day comment period extension to May 27, 2015, is appropriate.

    DATES:

    The comment period for the Notice of Proposed Rulemaking published on February 24, 2015, (80 FR 9916) has been extended. Written comments must be received by the extended due date of May 27, 2015. BOEM and BSEE may not fully consider comments received after this date. ADDRESSES: You may submit comments on the proposed rulemaking by any of the following methods. Please use the Regulation Identifier Number (RIN) 1082-AA00 as an identifier in your message. For comments specifically related to the draft Environmental Assessment conducted under the National Environmental Policy Act of 1969 (NEPA), please refer to NEPA in the heading of your message.

    • Federal eRulemaking Portal: http://www.regulations.gov. In the entry entitled “Enter Keyword or ID”, enter BSEE-2013-0011 then click search. Follow the instructions to submit public comments and view supporting and related materials available for this rulemaking. BOEM and BSEE may post all submitted comments in their entirety.

    • Mail or hand-carry comments to the Department of the Interior (DOI); Bureau of Safety and Environmental Enforcement; Attention: Regulations and Standards Branch; 45600 Woodland Road, Sterling, Virginia 20166. Please reference “Oil and Gas and Sulphur Operations on the Outer Continental Shelf—Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf, 1082-AA00” in your comments and include your name and return address. Please note that this address for BSEE is new; however, any comments already submitted to BSEE's former address (381 Elden Street, Herndon, Virginia 20181) do not need to be resubmitted to the new address.

    • Public Availability of Comments—Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. 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.

    FOR FURTHER INFORMATION CONTACT:

    Mark E. Fesmire, BSEE, Alaska Regional Office, [email protected], (907) 334-5300; John Caplis, BSEE, Oil Spill Response Division, [email protected], (703) 787-1364; or David Johnston, BOEM, Alaska Regional Office, [email protected], (907) 334-5200.

    SUPPLEMENTARY INFORMATION:

    BOEM and BSEE published a notice of proposed rulemaking on Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf (OCS) on February 24, 2015 (80 FR 9916). This proposed rule is intended to provide regulations to ensure Arctic OCS exploratory drilling operations are conducted in a safe and responsible manner that takes into account the unique conditions of Arctic OCS drilling and Alaska Natives' cultural traditions and need to access subsistence resources. The Arctic region is known for its oil and gas resource potential, its vibrant ecosystems, and the Alaska Native communities, who rely on the Arctic's resources for subsistence and cultural traditions. The region is also characterized by extreme environmental conditions, geographic remoteness, and a relative lack of fixed infrastructure and existing operations.

    The proposed rule would add to, and revise existing regulations in, 30 CFR parts 250, 254, and 550 for Arctic OCS oil and gas activities. The proposed rule would focus on Arctic OCS exploratory drilling activities that use mobile offshore drilling units, and related operations during the Arctic OCS open-water drilling season.

    After publication of the proposed rule, BOEM and BSEE received public comments asking BOEM and BSEE to extend the comment period on the proposed rule by 60 days. BOEM and BSEE are extending the original 60-day comment period by an additional 30 days to provide additional time for review of and comment on the Notice of Proposed Rulemaking. Accordingly, written comments must be submitted by the extended due date of May 27, 2015. BOEM and BSEE may not fully consider comments received after this date.

    Dated: April 14, 2015. Janice M. Schneider, Assistant Secretary Land and Minerals Management.
    [FR Doc. 2015-09035 Filed 4-17-15; 8:45 am] BILLING CODE 4310-VH-P; 4310-MR-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0178] RIN 1625-AA00 Safety Zone, Volvo Ocean Race Newport; East Passage, Narragansett Bay, RI AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes to establish a safety zone in the navigable waters of the East Passage, Narragansett Bay, RI, during the Volvo Ocean Race Newport marine event. This safety zone is intended to safeguard mariners from the hazards associated with high-speed, high-performance sailing vessels competing in inshore races on the waters of the East Passage, Narragansett Bay, RI. Vessels would be prohibited from entering into, transiting through, mooring, or anchoring within this safety zone during periods of enforcement unless authorized by the Captain of the Port (COTP), Southeastern New England or the COTP's designated representative.

    DATES:

    Comments and related material must be received by the Coast Guard on or before April 27, 2015. Requests for public meetings must be received by the Coast Guard on or before April 27, 2015.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2015-0178 using any one of the following methods:

    (1) Federal e-Rulemaking Portal: http://www.regulations.gov.

    (2) Fax: 202-493-2251.

    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202-366-9329.

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

    If you have questions on this proposed rule, contact Mr. Edward G. LeBlanc, Waterways Management Division at Coast Guard Sector Southeastern New England, telephone 401-435-2351, email [email protected] If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone 202-366-9826.

    SUPPLEMENTARY INFORMATION:

    Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided.

    1. Submitting Comments

    If you submit a comment, please include the docket number for this rulemaking (USCG-2015-0178), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (via http://www.regulations.gov) or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via http://www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission.

    To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG-2015-0178] in the “SEARCH” box and click “SEARCH.” Click on “Submit a Comment” on the line associated with this rulemaking.

    If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81/2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments.

    2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number (USCG-2015-0178) in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    3. Privacy Act

    Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316).

    4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a request for one, using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register.

    B. Regulatory History and Information

    The Coast Guard has not promulgated a rule for past iterations of this event.

    C. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to define safety zones.

    This rule is necessary to provide for the safety of life and navigation, for both participants and spectators involved with the Volvo Ocean Race Newport in the vicinity of Newport, RI.

    D. Discussion of Proposed Rule

    The Volvo Ocean Race is a 40,000 mile, eight-month, round the world race with stops in several major international sailing ports. As part of the event, high-speed sailing vessels will participate in daily inshore races from 12-17 May, 2015, in the East Passage of Narragansett Bay in the vicinity of Newport, RI. As these races are part of a world-wide event they are expected to generate national and international media coverage, and attract spectators on a number of recreational and excursion vessels.

    The Coast Guard is establishing this safety zone, in conjunction with the Volvo Ocean Race Newport, to ensure the protection of the maritime public and event participants from the hazards associated with large-scale marine events. The Coast Guard anticipates some concern with the proposed safety zone by mariners, especially commercial vessel operators, that vessel transits through the East Passage of Narragansett Bay may be restricted for a portion of each day for 6 consecutive days.

    The East Passage of Narragansett Bay is the site of many marine events each year. As a result, vessel traffic, particularly recreational vessel traffic, is frequently required to utilize the West Passage of Narragansett Bay. Accordingly, the West Passage of Narragansett Bay may be a viable option for recreational vessels as well as many tug/barge combinations and smaller commercial vessels during the Volvo Ocean Race Newport.

    Regardless, the Coast Guard anticipates that some commercial and/or recreational vessels may still need to transit the East Passage of Narragansett Bay for a variety of reasons, including destination, familiarity with the waterway, tide restrictions, etc. Vessels may be able to continue transits through the East Passage, even during enforcement of the safety zone, as there will be sufficient room for most recreational vessels, and some commercial vessels, to pass to the west of the safety zone. Also, the Coast Guard routinely works with the local marine pilot organization and shipping agents to coordinate vessel transits during marine events in the East Passage, and will continue to do so for the entire event to avoid major interruptions to shipping schedules.

    The Coast Guard proposes to add a temporary safety zone under 33 CFR 165.T01-0178. The safety zone will extend from Newport Harbor in the vicinity of Fort Adams, across the East Passage to west of Rose Island, and will encompass the East Passage south to the vicinity of Castle Hill. The safety zone will be enforced only during times of actual sailing vessel racing.

    E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders.

    1. Executive Order 12866 and Executive Order 13563

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

    We expect the adverse economic impact of this proposed rule to be minimal. Although this regulation may have some adverse impact on the public, the potential impact will be minimized for the following reasons: Although the safety zone will be in effect for 8 hours each day for 6 consecutive days, vessels will only be restricted from the zone in the East Passage of Narragansett Bay during those limited periods when the races are actually ongoing; during periods when there is no actual racing (e.g., racing vessels are transiting from the pier to the racing site; downtime between races, etc.) vessels may be allowed to transit through the safety zone; there is an alternate route, the West Passage of Narragansett Bay, that does not add substantial transit time, is already routinely used by mariners, and will not be affected by this safety zone; many vessels, especially recreational vessels, may transit in all portions of the affected waterway except for those areas covered by the proposed safety zone; and vessels may enter or pass through the affected waterway with the permission of the COTP or the COTP's representative.

    Notification of the Volvo Ocean Race Newport and the associated safety zone will be made to mariners through the Rhode Island Port Safety Forum, local Notice to Mariners, event sponsors, and local media well in advance of the event.

    2. Impact on Small Entities

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

    This proposed rule would affect the following entities, some of which might be small entities: Owners or operators of vessels intending to transit, fish, or anchor in the East Passage of Narragansett Bay, RI, during the Volvo Ocean Race Newport sailing races.

    If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it.

    3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed under FOR FURTHER INFORMATION CONTACT. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

    4. Collection of Information

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

    5. Federalism

    A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism.

    6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels.

    7. Unfunded Mandates Reform Act

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

    8. Taking of Private Property

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

    9. Civil Justice Reform

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

    10. Protection of Children From Environmental Health Risks

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

    11. Indian Tribal Governments

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

    12. Energy Effects

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

    13. Technical Standards

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

    14. Environment

    We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action appears to be one of a category of actions which do not individually or cumulatively have a significant effect on the human environment.

    A preliminary environmental analysis checklist supporting this determination is available in the docket where indicated under ADDRESSES. This proposed rule involves the establishment of a temporary safety zone in conjunction with the Volvo Ocean Race Newport event, a high-speed, high-performance sailing vessel racing event. It appears that this action will qualify for Coast Guard Categorical Exclusion (34)(g), as described in figure 2-1 of the Commandant Instruction.

    We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

    List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows:

    PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority:

    33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

    2. Add § 165.T01-0178 to read as follows:
    § 165.T01-0178 Safety Zone for Volvo Ocean Race Newport, East Passage, Narragansett Bay, RI.

    (a) Location. The following area is a safety zone: From an east-west line across the East Passage of Narragansett Bay at the Newport Bridge south to the COLREGS demarcation line between Brenton Pt and Beavertail Pt.

    (b) Enforcement period. Vessels will be prohibited from entering this safety zone, when enforced, during the Volvo Ocean Race Newport sailing vessel racing event between 9 a.m. and 5 p.m. from Tuesday, May 12, 2015 to Sunday, May 17, 2015.

    (c) Definitions. The following definitions apply to this section:

    (1) Designated representative. A “designated representative” is any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port, Sector Southeastern New England (COTP), to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF-FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation.

    (2) Official patrol vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP.

    (3) Patrol commander. The Coast Guard may patrol each safety zone under the direction of a designated Coast Guard Patrol Commander. The Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign “PATCOM.”

    (4) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels.

    (d) Regulations. (1) The general regulations contained in § 165.23 as well as the following regulations apply to the safety zone established in conjunction with the Volvo Ocean Race Newport, East Passage, Narragansett Bay, Newport, RI. These regulations may be enforced for the duration of the event.

    (2) No later than 8 a.m. each day of the event, the Coast Guard will announce via Safety Marine Information Broadcasts and local media the times and duration of each sailing race scheduled for that day, and the precise area(s) of the safety zone that will be enforced.

    (3) Vessels may not transit through or within the safety zone during periods of enforcement without Patrol Commander approval. Vessels permitted to transit must operate at a no-wake speed, in a manner which will not endanger participants or other crafts in the event.

    (4) Spectators or other vessels shall not anchor, block, loiter, or impede the movement of event participants or official patrol vessels in the safety zone unless authorized by an official patrol vessel.

    (5) The Patrol Commander may control the movement of all vessels in the safety zone. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the lawful directions issued. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both.

    (6) The Patrol Commander may delay or terminate the Volvo Ocean Race at any time to ensure safety. Such action may be justified as a result of weather, traffic density, spectator operation or participant behavior.

    Dated: March 27, 2015. J.T. Kondratowicz, Captain, U.S. Coast Guard, Captain of the Port Southeastern New England.
    [FR Doc. 2015-08918 Filed 4-17-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 2 [NPS-WASO-AILO-15846; PCU00RP14.R50000, PPWOCRADI0] RIN 1024-AD84 Gathering of Certain Plants or Plant Parts by Federally Recognized Indian Tribes for Traditional Purposes AGENCY:

    National Park Service, Interior.

    ACTION:

    Proposed rule.

    SUMMARY:

    The National Park Service proposes to authorize agreements between the National Park Service and federally recognized Indian tribes to allow the gathering and removal of plants or plant parts by designated tribal members for traditional purposes. The agreements would facilitate continuation of tribal cultural traditions on traditionally associated lands that are now included within units of the National Park System without a significant adverse impact to park resources and values. The proposed rule respects tribal sovereignty and the government-to-government relationship between the United States and the tribes, and would provide system-wide consistency to this aspect of National Park Service-tribal relations. The proposed rule would provide opportunities for tribal youth, the National Park Service, and the public to understand tribal traditions.

    DATES:

    Comments must be received by July 20, 2015. Comments on the information collection requirements must be received by May 20, 2015.

    ADDRESSES:

    You may submit your comments, identified by Regulation Identifier Number (RIN) 1024-AD84, by any of the following methods:

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

    Mail: National Park Service, Joe Watkins, Office of Tribal Relations and American Cultures, 1201 Eye Street NW., Washington, DC 20005.

    • All submissions received must include the agency name and RIN. For additional information see Public Participation under SUPPLEMENTARY INFORMATION.

    • Send your comments and suggestions on the information collection requirements to the Desk Officer for the Department of the Interior at OMB-OIRA at (202) 395-5806 (fax) or [email protected] (email). Please provide a copy of your comments to the Information Collection Clearance Officer, National Park Service, 1849 C Street NW., Washington, DC 20240 (mail); or [email protected] (email). Please reference “1024-AD84” in the subject line of your comments. You may review our Information Collection Request online at http://www.reginfo.gov. Follow the instructions to review Department of the Interior collections under review by OMB.

    FOR FURTHER INFORMATION CONTACT:

    National Park Service, Joe Watkins, Office of Tribal Relations and American Cultures, 1201 Eye Street NW., Washington, DC 20005, 202-354-2126, [email protected]

    SUPPLEMENTARY INFORMATION:

    Background

    The National Park Service (NPS) has a unique relationship with Indian tribes that is strengthened by a shared commitment to stewardship of the land and resources. This relationship is augmented by the historical, cultural, and spiritual relationships that Indian tribes have with the park lands and resources with which they are traditionally associated.

    Indian tribes practiced their traditional harvests of plants and plant parts on or from lands that are now included in units of the National Park System long before the arrival of the European settlers. Much of this activity was prohibited upon the promulgation of 36 CFR part 2 in 1983. The fundamental purpose of the proposed rule is to lift this prohibition and allow for gathering and removal of traditional plants or plant parts while ensuring there is no significant adverse impact to park resources and values. The proposed rule would also provide opportunities for tribal youth, the NPS, and the public to understand tribal traditions.

    The NPS is responsible for managing all units of the National Park System in such a manner and by such means as will leave them unimpaired for future generations. Park managers are given the discretion to manage public use within the parks in a manner that ensures that there is no impairment.

    Managing the various areas of the National Park System in a manner that helps tribes maintain their cultural traditions and relationships with the land may contribute to the protection and stewardship of such areas. The sustainable uses envisioned by the proposed rule would approximate some part of the pre-existing, pre-European environment of the park and thus would not be considered to be consumptive use. The proposed rule would provide a recognized exception to current regulations by offering resource and location-specific agreements between the NPS and federally recognized Indian tribes to gather and remove plants or plant parts for traditional purposes.

    Cooperation in the continuation of tribal traditions is at the heart of this proposed rule change. The NPS has a long history of encouraging Indian arts and crafts in national parks for the education and enjoyment of the public, and to support the continued practice of cultural traditions. The teaching and sharing of tribal traditions associated with national parks is an important part of the NPS mission. The proposed rule would provide new opportunities for the NPS and tribal governments to work together in support of the continuation of sustainable Indian cultural traditions that make up a unique and irreplaceable part of our national heritage. Limited gathering by hand of certain renewable natural resources has been allowed by the NPS for more than 50 years. See 36 CFR 1.2(c) (1960) (authorizing hand picking and eating of designated native fruits and berries). In 1966, the NPS expanded this authority for NPS recreation areas, authorizing the gathering and collection of reasonable quantities of natural, renewable products (e.g. seashells, fruits, berries, driftwood, and marine deposits of natural origin) for personal, non-commercial use. (31 FR 16651, December 29, 1966).

    Existing NPS regulations at 36 CFR 2.1(c), promulgated in 1983, allow for the personal consumption of “fruits, berries, nuts, or unoccupied seashells” by the general public, subject to certain conditions. The proposed rule would be an additional form of gathering, but would be limited to only members of federally recognized Indian tribes that have traditional associations with specific park areas and resources and that wish their members to be able to gather and remove plants or plant parts within those park areas for traditional uses.

    Existing NPS regulations at 36 CFR 2.1(d) do not allow tribes or tribal members to gather plants or plant parts on parklands for traditional purposes except where specific statutes or treaties grant rights to do so. However, traditional tribal gathering and removal occurred in many areas that are now part of the National Park System. The proposed rule would provide an orderly and consistent process for such gathering and removal by authorizing agreements between the NPS and federally recognized Indian tribes to gather and remove plants or plant parts for traditional purposes.

    In designing the proposed rule, the NPS has applied principles used by Congress when it has addressed the issue of tribal gathering, usually in the context of establishing new units of the National Park System or establishing new management systems within existing units. For instance, the enabling legislation for El Malpais National Monument, New Mexico, states: “In recognition of the past use of portions of the monument and the conservation area by Indian people for traditional cultural and religious purposes, the Secretary shall assure nonexclusive access to the monument . . . by Indian people for traditional cultural and religious purposes, including the harvesting of pine nuts.” (Pub. L. 100-225, 101 Stat. 1548). In this and other cases, Congress has provided for gathering on parklands by traditionally associated Indian tribes for traditional purposes that predate the establishment of the park. It is, however, impractical to seek specific legislative language for each unit of the National Park System in which there were individual tribal traditional uses.

    In the 20 years since Indian tribes brought the issue of gathering to the attention of NPS leadership, studies in the fields of ethnobotany, traditional plant management, and consideration of traditional ecological knowledge in scientific symposia and scholarly gatherings have increased greatly. Research has shown that traditional gathering, when done with traditional methods and in traditionally established quantities, does not impair the ability to conserve plant communities and can help to conserve them, thus supporting the NPS conclusion that cooperation with Indian tribes in the management of plant resources is consistent with the preservation of national park lands for all American people. This concept is incorporated into National Park Service Management Policies 2006 at Section 4.2.1, which directs the NPS to inventory, monitor, and research traditional knowledge and authorizes the NPS to support studies designed to “understand the ceremonial and traditional resource management practices of Native Americans. . . .” The NPS and tribal governments can draw on this research and may conduct further research to ensure that traditional tribal gathering and removal does not have a significant adverse impact on park resources and values. To the extent that it is appropriate, park visitors can learn about the cultures associated with traditional tribal gathering practices. The proposed rule would require that environmental reviews and further studies be undertaken, as needed, prior to entering into agreements that would allow gathering and removal in national park units. These environmental reviews would include consulting with other, nearby tribes, especially those tribes that may also have traditional associations with those park units.

    Authority

    Authority for the proposed rule is the statute commonly known as the NPS Organic Act of 1916, as amended. The NPS Organic Act created the NPS and defined its purpose by stating that the NPS shall promote and regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. (54 U.S.C. 100101)

    The Organic Act further authorizes the Secretary of the Interior to make “such regulations as the Secretary considers necessary or proper for the use and management of [National Park] System units.” (54 U.S.C. 100751(a)).

    The proposed rule would authorize the NPS to enter into agreements with federally recognized Indian tribes to allow for the gathering and removal of plants or plant parts for traditional purposes. The proposed rule is intended to continue Indian tribal cultural traditions that are rooted in the history of specific parks.

    Government-to-Government Relationship With Indian Tribes

    In accordance with the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments” (59 FR 22951); Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments,” of November 6, 2000; President Obama's Executive Memorandum on Tribal Consultation of November 5, 2009; Department of the Interior Secretarial Order No. 3317 of December 1, 2011, and Department of the Interior Departmental Manual Part 512,”American Indian and Alaska Native Programs;” we have evaluated the potential effects on federally recognized Indian tribes and have determined that this proposed rule would have direct tribal implications.

    Tribal Consultation

    Six tribal consultation meetings were held in the “Lower 48” to consult with Indian tribes on this proposed rule. Locations in or near units of the National Park System where gathering by tribal members has been discussed over the years were selected in consultation with Indian tribes and NPS regional and park staff. One hundred and fifty representatives from 50 tribes attended meetings held from May through July 2010, in Bar Harbor, Maine; Flagstaff, Arizona; Pipestone, Minnesota; Yurok, California; Suquamish, Washington; and Cherokee, North Carolina. An additional meeting was held at Pipestone, Minnesota, in September 2010. Staff in Alaska contacted more than 70 federally recognized Indian tribes traditionally associated with parks in Alaska. Consultation then occurred with those tribes that requested it. Additionally, general presentations were given at two statewide conventions: The Alaska Tribal Leaders Summit in Fairbanks during the annual meetings of the Alaska Federation of Natives in October 2010 and at the annual Bureau of Indian Affairs Providers Conference in Anchorage in December 2010. A conference call with traditional elders and tribal people not representing tribal governments was also conducted in June 2010 at the request of Arvol Looking Horse, Keeper of the Sacred White Buffalo Calf Pipe of the Lakota, Dakota, and Nakota Nation of the Sioux. Park managers and staff also attended these consultation meetings and participated in the discussions. The major concerns of representatives of tribal governments and the NPS are summarized and addressed here.

    Gathering To Be Limited to Members of Federally Recognized Indian Tribes

    Tribal representatives expressed support for the concept that only members of federally recognized Indian tribes be allowed to gather and remove park resources for traditional purposes. The proposed rule limits gathering and removal to members of an Indian tribe or Alaska Native tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Tribe List Act of 1994, 25 U.S.C. 479a. This provision will limit gathering and removal to members of Indian tribes with which the United States has a government-to-government relationship. The proposed rule provides avenues for cooperative NPS-tribal government oversight of member activities on park lands to ensure that traditional gathering and removal remains sustainable with no significant adverse impacts to park resources and values, consistent with NPS Management Policies 2006, 8.2.

    Gathering To Be Limited to Those Indian Tribes Traditionally Associated With Specific Park Lands

    A central purpose of the proposed rule is to support the continuation of Indian cultural traditions on lands that are now administered as units of the National Park System. The proposed rule would apply only to those Indian tribes traditionally associated with specific park units. The concept of acknowledging and respecting the special and longstanding connections that Indian tribes have with parklands prior to the establishment of park units is specifically described in NPS Management Policies 2006, 1.11.

    Government-to-Government Agreements

    The NPS and tribal representatives expressed support for agreements between tribal governments and the NPS to establish the conditions for gathering in park units. These agreements would respect both tribal sovereignty and NPS authority to manage park resources. These agreements would authorize traditional tribal gathering in ways that could be administered flexibly to respond to local resource concerns. The participating tribal government would be responsible for designating which tribal members would be allowed to gather in accordance with the terms and conditions set forth in the agreement.

    Park Resource Protection

    Tribal representatives expressed deep concern for the long-term health of park ecosystems. Reminding the NPS of their long history of productive and protective relationships with such ecosystems, they expressed willingness to accept limitations on gathering to protect park resources. The NPS and tribal representatives are interested in jointly developing park specific plant gathering management plans to ensure the long-term health of any park resource that may be gathered.

    Respect for Tribal Cultural Traditions

    Tribal representatives stressed that each Indian tribe is unique, and that tribal agreements entered into under the proposed rule should allow for traditional cultural practices specific to each tribe.

    Traditional Gathering Needs May Be Site-Specific to National Park Land

    Some national park units contain places where tribal members historically have gathered plant resources. Using a particular gathering site within a national park unit may be vital to the continuation of a cultural tradition that cannot be met at locations outside the park, or even at alternative locations within it. Thus, even though some plant materials may be available outside park lands, tribal members may still reasonably desire to gather at traditionally significant locations inside a park unit. The rationale for in-park gathering of materials available outside park boundaries needs to be documented on a case-by-case basis as outlined in § 2.6(d) of the proposed rule. The information used to make this determination may be subject to peer review by qualified specialists from both the tribal and academic communities.

    Collaborative Research and Administration

    Tribal representatives expressed the desire to work with the NPS to create and maintain the knowledge base needed to manage gathering and removal and to leave park resources unimpaired for future generations. This would include joint research and monitoring, training programs for tribal members and park staff, and ongoing consultation regarding park resources.

    Relationship of the Proposed Rule to Existing Regulations

    Existing NPS regulations, promulgated in 1983, prohibit “possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state” living or dead wildlife or fish, plants, paleontological specimens, or mineral resources, or the parts or products of any of these items, except as otherwise provided in NPS regulations. The proposed rule, to be codified at 36 CFR 2.6, would be consistent with this general prohibition. It would provide a recognized exception to current regulations by authorizing resource- and location-specific agreements between the NPS and federally recognized Indian tribes to gather and remove plants or plant parts for traditional purposes.

    Gathered plants or plant parts, as envisioned under this proposed rule, are not meant to be used for “benefits sharing,” which allows for commercial use of the results of research on material collected in a park area under a specimen collection permit under 36 CFR 2.5. See NPS Management Policies 2006, 4.2.4.

    The proposed rule would leave in place 36 CFR 2.1(c)(1), which allows a park Superintendent to authorize gathering of designated fruits, berries, nuts, or unoccupied seashells by all park visitors, subject to certain conditions. The proposed rule would amend section 2.1(d), which currently states that 36 CFR 2.1 “shall not be construed as authorizing the taking, use or possession of fish, wildlife, or plants for ceremonial or religious purposes, except where specifically authorized by Federal statutory law, treaty rights or in accordance with § 2.2 (wildlife protection) or § 2.3 (fishing).” The proposed rule would permit the gathering and removal of plants or plant parts for traditional purposes under specific tribal agreements, but would not alter the prohibition on taking fish or wildlife for such purposes.

    NPS Units in Alaska

    Title 36 CFR 13.35 regulates the gathering and collection of natural products in many of the National Park System units in Alaska, and allows for the limited gathering of a wider range of natural products than are included in the proposed rule. Except for the park areas listed in § 13.35(a), § 13.35(c) permits gathering, by hand and for personal use only, of renewable resources such as natural plant food items (e.g. fruits, berries, and mushrooms) that are not threatened or endangered species; driftwood and uninhabited seashells; and plant materials and minerals that are essential to the conduct of traditional ceremonies by Native Americans. Therefore, the proposed rule would have no discernable effect upon National Park System units in Alaska where § 13.35(c) applies. The proposed rule would apply to the park units in Alaska listed in § 13.35(a) and to parks in the contiguous United States. The proposed rule would not address subsistence issues authorized in Alaska by 36 CFR 13.400-13.495.

    Section-by-Section Analysis Sec. 2.1(d) Authorization of Agreements

    The proposed rule would remove the existing prohibition on the taking, use, or possession of plants or plant parts, provided such taking, use or possession was done under an agreement described in this rule. The proposed rule would have no effect on existing statutory or treaty rights, or on the taking of wildlife or fish.

    Sec. 2.6(a) Definitions

    The rule proposes to define the following terms for use in this section: Indian tribe, Traditional association, Traditional purpose, and Tribal official.

    Sec. 2.6(b) Agreements Between the NPS and Indian Tribes

    The proposed rule would authorize agreements allowing and regulating tribal gathering and removal of plants or plant parts for traditional purposes in park units where such gathering and removal have not been specifically authorized by Congress. The agreements would explicitly recognize the special government-to-government relationship between Indian tribes and the United States, and would be based upon mutually agreed upon terms and conditions subject to the requirements of § 2.6(d). The agreements would serve as the framework under which the NPS would allow tribal gathering and removal and would be implemented by an accompanying permit under § 1.6, which would authorize the gathering and removal activities.

    Sec. 2.6(c) Tribal Request

    The NPS would respond to a request from the appropriate tribal official expressing interest in entering into an agreement for gathering and removal based on tribal traditional association with the park unit, and on the continuation of tribal cultural traditions on park land. The tribal request would include a description of the traditional association that the Indian tribe has to the park area, a brief explanation of the traditional purposes to which the gathering and removal activities will relate, and a description of the gathering and removal activities that the Indian tribe is interested in conducting.

    The NPS believes that under existing law it can protect sensitive or confidential information submitted by tribes (see e.g., 54 U.S.C. 307103).

    Sec. 2.6(d) Criteria for Entering Into Agreement

    The proposed rule would require the Superintendent to determine that the proposed gathering is a traditional use of the park area by the Indian tribe, analyze any potential impacts of the proposed gathering in accordance with the National Environmental Policy Act and other applicable laws, and document a determination that the proposed gathering and removal will not result in a significant adverse impact (i.e., make a Finding of No Significant Impact (FONSI)), and is consistent with the requirements of other applicable laws and regulations.

    Sec. 2.6(e) Denial of Request To Enter Into Agreement

    The proposed rule would require the NPS to deny a request to enter into an agreement if sufficient information does not exist to demonstrate the Indian tribe's traditional association or the traditional purposes for which the park resource would be gathered and removed, or if the analyses required by § 2.6(d) indicate significant adverse impacts to park resources or values.

    Sec. 2.6(f) Contents of Agreements

    The proposed rule outlines the required contents of agreements in detail. According to the terms of the agreement, the NPS would authorize the tribal government to manage gathering and removal by tribal members subject to the conditions of the agreement. The agreement could operate in a variety of ways, but, at a minimum, it would require that the tribal government identify who within the tribe is designated to gather and remove; how such individuals will be identified; what plants or plant parts may be gathered and removed; and limits on size, quantities, seasons, or locations where the gathering and removal may take place.

    Agreements would also establish NPS-tribal protocols for monitoring park resources subject to gathering and removal operating protocols, and remedies for noncompliance in addition to those set out in the proposed rule. In the case of noncompliance by members of the tribe, the NPS would initially apply these agreed-upon remedies and, if warranted, seek prosecution of specific violators, prior to terminating the agreement. This section also provides for any special conditions unique to the park unit or tribal tradition that may be included within the scope of existing law.

    Sec. 2.6(g) Regional Office Concurrence

    The proposed rule would require the Regional Director to approve an agreement entered into under the proposed rule.

    Sec. 2.6(h) Closure

    The proposed rule would provide for closures and restrictions on gathering and removal when necessary to provide for public health and safety or protect park resources and values, after providing appropriate public notice under § 1.7 (Public notice).

    Sec. 2.6(i) Termination or Suspension

    The proposed rule would provide for suspension or termination of an agreement where terms or conditions are violated or unanticipated or significant impacts occur. The Superintendent would be required to prepare a written determination justifying the action. A termination would be subject to the concurrence of the Regional Director. Termination of an agreement would be based on factors such as careful analysis of impacts on park resources and the effectiveness of NPS-tribal agreement administration.

    Sec. 2.6(j) Prohibitions

    Gathering and removal are prohibited, except as authorized under this regulation, or as otherwise authorized by Federal statute, treaty, or another NPS regulation. Any gathering and removal done under this regulation must be done according to the provisions of the applicable agreement and permit.

    Relationship of the Proposed Rule to Proposed U.S. Forest Service Regulations

    On July 31, 2014, the United States Forest Service (USFS) published a proposed rule in the Federal Register (79 FR 44327) to implement section 8105 of the Food, Conservation, and Energy Act of 2008 (Farm Bill). The USFS proposed rule would authorize Regional Foresters or designated Forest Officers to provide trees, portions of trees, or forest products to Indian tribes free of charge for noncommercial traditional and cultural purposes. The rule would require federally-recognized Indian tribes seeking products under the Farm Bill authority to submit a written request to the USFS for free use. The rule encourages tribal officials making the requests to explain their requests to the Regional Forester or designated Forest Officer, and, if necessary, how the requests fit a noncommercial traditional and cultural purpose. The comment period for the USFS rule closed on September 29, 2014.

    The NPS recognizes that a federally-recognized tribe may have a traditional association with an NPS unit that is adjacent to USFS lands. This tribe may seek to gather and remove natural products from the NPS and adjacent USFS lands for the same traditional or cultural purpose. In these circumstances, tribal officials would need to enter into an agreement with the NPS and obtain an NPS permit to gather and remove plants or plant parts from the NPS lands; and submit a written request to the USFS to remove trees, portions of trees, or forest products from the adjacent USFS lands.

    The NPS and USFS have distinct statutory mandates and authorities that result in separate regulations and policies that govern the resources they manage. As a result, the process for removing plants and plant parts from NPS lands will be governed by regulations that are separate from the regulations that will govern the removal of trees, portions of trees, or forest products from USFS lands. The NPS seeks comment about how the NPS and the USFS can coordinate their separate processes for requesting approval to remove natural products from the respective lands they administer, in the circumstances described above. In particular, the NPS seeks comment on ways the NPS proposed rule can better align with the USFS proposed rule—for example, how a joint or coordinated permitting process between the two agencies would impact paperwork burden and regulatory compliance.

    Compliance With Other Laws, Executive Orders, and Department Policy Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget will review all significant rules. OIRA has determined that this rule is not significant.

    Executive Order 13563 reaffirms the principles of Executive Order 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. Executive Order 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements.

    Regulatory Flexibility Act (RFA)

    This rule will not have a significant economic effect on a substantial number of small entities under the RFA (5 U.S.C. 601 et seq.). This certification is based on information contained in the report titled, “Cost-Benefit and Regulatory Flexibility Analyses” available for review at http://www.nps.gov/tribes/proposed_rule.htm.

    Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA. This rule:

    (a) Does not have an annual effect on the economy of $100 million or more.

    (b) Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions.

    (c) Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.

    This determination is based on information from “Cost-Benefit and Regulatory Flexibility Analyses” available for review at http://www.nps.gov/tribes/proposed_rule.htm.

    Unfunded Mandates Reform Act (UMRA)

    This rule does not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. The rule does not have a significant or unique effect on State, local or tribal governments or the private sector. It addresses use of NPS lands only. A statement containing the information required by the UMRA (2 U.S.C. 1531 et seq.) is not required.

    Takings (Executive Order 12630)

    This rule does not effect a taking of private property or otherwise have taking implications under Executive Order 12630. A takings implication assessment is not required.

    Federalism (Executive Order 13132)

    Under the criteria in Executive Order 13132, the rule does not have sufficient Federalism implications to warrant the preparation of a Federalism summary impact statement. This proposed rule only affects use of NPS administered lands. It has no outside effects on other areas. A Federalism summary impact statement is not required.

    Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. Specifically, this rule:

    (a) Meets the criteria of section 3(a) requiring that all proposed rules be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and

    (b) Meets the criteria of section 3(b)(2) requiring that all proposed rules be written in clear language and contain clear legal standards.

    Consultation With Indian Tribes (Executive Order 13175 and Department Policy)

    The Department of the Interior strives to strengthen its government-to-government relationship with Indian tribes through a commitment to consultation with Indian tribes and recognition of their right to self-governance and tribal sovereignty. We have evaluated this rule under the Department's consultation policy and under the criteria in Executive Order 13175, and have identified direct tribal implications.

    Accordingly, we have consulted with tribes on a government-to-government basis as detailed previously in this preamble.

    Paperwork Reduction Act (PRA)

    This proposed rule contains a collection of information that we have submitted to the Office of Management and Budget (OMB) for review and approval under the PRA of 1995 (44 U.S.C. 3501 et seq.). We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number.

    An Indian tribe that has a traditional association with a park area may request that we enter into an agreement with the tribe for gathering and removal from the park area of plants or plant parts for traditional purposes. The agreement will define the terms under which the Indian tribe may be issued permits that will designate the tribal members who may gather and remove plants or plant parts within the park area in accordance with the terms and conditions of the agreement and the permit. We collect the following information:

    Initial Written Request From an Indian Tribal Official

    The request must include:

    (1) An explanation of the traditional association that the Indian tribe has to the park area;

    (2) An explanation of the traditional purposes to which the gathering activities will relate; and

    (3) A description of the gathering and removal activities that the Indian tribe is interested in conducting.

    Agreement With Indian Tribes

    To make determinations based upon these requests or to enter into agreements, we may need to collect information from those Indian tribes who make requests and from the specific tribal members, who are proposed to participate in the authorization, including:

    (1) A description of the system to be used to administer gathering and removal, including a clear means of identifying appropriate tribal members who, under the permit, are designated by the Indian tribe to gather and remove and a means for the tribal government to keep the NPS regularly informed of which tribal members are the current gathering and removal designees of the Indian tribe;

    (2) A description of the specific plants or plant parts that may be gathered and removed;

    (3) Specification of the size and quantity of the plants or plant parts that may be gathered and removed;

    (4) Identification of the times and locations at which the plants or plant parts may be gathered and removed;

    (5) Identification of the methods that may be used for gathering and removal;

    (6) Protocols for monitoring gathering and removal activities;

    (7) Operating protocols and additional remedies for noncompliance with the terms of the agreement; and

    (8) Key officials.

    Title: Gathering of Certain Plants or Plant Parts by Federally Recognized Indian Tribes for Traditional Purposes, 36 CFR 2.

    OMB Control Number: 1024-XXXX.

    Service Form Number: None.

    Type of Request: Request for a new OMB Control Number.

    Description of Respondents: Indian tribes.

    Respondent's Obligation: Required to obtain or retain a benefit.

    Frequency of Collection: On occasion.

    Estimated Number of Respondents: 20.

    Activity Estimated number of
  • annual
  • responses
  • Completion time per
  • response
  • (hours)
  • Estimated total annual burden hours
    Initial written request from an Indian tribal official 20 4 80 Agreement with Indian Tribes 5 20 100 Total 25 180

    As part of our continuing effort to reduce paperwork and respondent burdens, we invite the public and other Federal agencies to comment on any aspect of this information collection, including:

    (1) Whether or not the collection of information is necessary, including whether or not the information will have practical utility;

    (2) The accuracy of our estimate of the burden for this collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on respondents.

    Send your comments and suggestions on this information collection by the date indicated in the DATES section to the Desk Officer for the Department of the Interior at OMB-OIRA at (202) 395-5806 (fax) or [email protected] (email). Please provide a copy of your comments to the Information Collection Clearance Officer, National Park Service, 1849 C Street NW., Washington, DC 20240 (mail); or [email protected] (email). Please reference “1024-AD84” in the subject line of your comments. National Environmental Policy Act (NEPA)

    This rule does not constitute a major Federal action significantly affecting the quality of the human environment. A detailed statement under the NEPA 1969 is not required because the rule is covered by a categorical exclusion. The Department of the Interior Regulations for implementing NEPA at 43 CFR 46.210(i) allow for the following to be categorically excluded: Policies, directives, regulations, and guidelines that are of an administrative, financial, legal, technical, or procedural nature; or whose environmental effects are too broad, speculative, or conjectural to lend themselves to meaningful analysis and will later be subject to the NEPA process, either collectively or case-by-case.”

    The NPS has determined that the environmental effects of this rule are too broad, speculative, or conjectural for a meaningful analysis. In order to enter into an agreement for gathering of natural products under the rule, the NPS would first need to receive a request from an appropriate tribal official. While there are a number of Indian tribes that may qualify for an agreement under the rule, the NPS can only speculate at this point as to which Indian tribes will request an agreement, which park units will be affected, and what specific resources specific Indian tribes will request to collect. Because of this, the NPS has explicitly required that each agreement will undergo its own NEPA analysis, on a case-by-case basis. No collection of plants or plant parts would occur under this rule until after a site-specific NEPA analysis is completed.

    The NPS has also determined that the rule does not involve any of the extraordinary circumstances listed in 43 CFR 46.215 that would require further analysis under NEPA.

    Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects is not required.

    Clarity of This Rule

    The NPS is required by Executive Orders 12866 (section 1(b)(12) and 12988 section 3(b)(1)(B)) and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must:

    (a) Be logically organized;

    (b) Use the active voice to address readers directly;

    (c) Use clear language rather than jargon;

    (d) Be divided into short sections and sentences; and

    (e) Use lists and tables wherever possible.

    If you feel that we have not met these requirements, send us comments by one of the methods listed in the ADDRESSES section. To better help us revise the proposed rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that you find unclear, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc.

    Drafting Information

    The primary authors of this proposed rule were Patricia L. Parker, Chief, American Indian Liaison Office; Frederick F. York, Regional Anthropologist, Pacific West Region; and Philip Selleck, Associate Regional Director for Operations, National Capital Region.

    Public Participation

    All submissions received must include the agency name and docket number or Regulation Identifier Number (RIN), 1024-AD84, for this rulemaking. All comments received will be posted without change to www.regulations.gov.

    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 publically 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.

    For access to the docket to read background documents or comments received, go to www.regulations.gov and enter 1024-AD84 in the search box.

    List of Subjects in Part 2

    National parks, Native Americans, Natural resources.

    For the reasons given in the preamble, the National Park Service proposes to amend 36 CFR part 2 as follows:

    PART 2—RESOURCE PROTECTION, PUBLIC USE AND RECREATION 1. The authority citation for Part 2 continues to read as follows: Authority:

    54 U.S.C. 100101, 100751, 320102.

    2. In § 2.1, revise paragraph (d) to read as follows:
    § 2.1 Preservation of natural, cultural and archeological resources.

    (d) This section shall not be construed as authorizing the taking, use, or possession of fish, wildlife, or plants, except for the gathering and removal for traditional purposes of plants or plant parts by members of an Indian tribe under an agreement in accordance with § 2.6, or where specifically authorized by Federal statutory law, treaty rights, or in accordance with § 2.2 or § 2.3.

    3. Add § 2.6 to read as follows:
    § 2.6 Gathering of plants or plant parts by federally recognized Indian tribes.

    (a) What terms do I need to know? The following definitions apply only to this section.

    Indian tribe means an American Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Tribe List Act of 1994, 25 U.S.C. 479a.

    Traditional association means a longstanding relationship of historical or cultural significance between an Indian tribe and a park area predating the establishment of the park area.

    Traditional purpose means a customary activity or practice that is rooted in the history of an Indian tribe and is important to the continuation of that tribe's distinct culture.

    Tribal official means an elected or duly appointed official of the federally recognized government of an Indian tribe authorized to act on behalf of the tribe with respect to the subject matter of this regulation.

    (b) How will the Superintendent authorize gathering and removal? Upon the request of an Indian tribe that has a traditional association with a park area, the Superintendent may negotiate and enter into an agreement with the tribe to authorize the gathering and removal from the park area of plants or plant parts for traditional purposes. This agreement will define the terms and conditions under which the tribe may be issued permits that designate members who may gather and remove plants or plant parts within the park. The agreement will be implemented through permits, which the Superintendent will issue under § 1.6 of this chapter.

    (c) How can a tribe request to enter into an agreement? An Indian tribe's request to enter into an agreement under this section must be submitted to the Superintendent by a tribal official and must contain:

    (1) An explanation of the Indian tribe's traditional association to the park area;

    (2) An explanation of the traditional purposes to which the gathering activities will relate; and

    (3) A description of the gathering and removal activities that the tribe is interested in conducting.

    (d) What are the criteria for entering into agreements? Before entering into an agreement to allow gathering and removal, the Superintendent must do all of the following:

    (1) Determine and document, based on information provided by the Indian tribe or others, and other available information, that:

    (i) The Indian tribe has a traditional association with the park area; and

    (ii) The proposed gathering and removal is a traditional use of the park area by the Indian tribe.

    (2) Analyze potential impacts of the proposed gathering and removal in accordance with the requirements of the National Environmental Policy Act, the National Historic Preservation Act, and other applicable laws.

    (3) Document a determination that the proposed gathering and removal activities will not result in a significant adverse impact on park resources or values.

    (4) Determine that the agreement for the proposed gathering and removal meets the requirements for issuing a permit under § 1.6(a) of this chapter.

    (e) When will the Superintendent deny a request to enter into an agreement? The Superintendent must deny the request to enter into an agreement to gather if any of the determinations required by paragraph (d) of this section cannot be made.

    (f) How will agreements be implemented? An agreement to gather and remove plants or plant parts must be implemented through a permit issued in accordance with § 1.6 of this chapter. The agreement must contain the following:

    (1) The name of the Indian tribe authorized to gather and remove plants and plant parts;

    (2) The basis for the tribe's eligibility under paragraphs (c)(1) and (c)(2) of this section to enter into the agreement;

    (3) A description of the system to be used to administer gathering and removal including a clear means of identifying appropriate tribal members who, under the permit, are designated by the Indian tribe to gather and remove;

    (4) A means for the tribal government to keep the NPS regularly informed of which tribal members are the current gathering and removal designees of the Indian tribe;

    (5) A description of the specific plants or plant parts that may be gathered and removed;

    (6) Specification of the size and quantity of the plants or plant parts that may be gathered and removed;

    (7) Identification of the times and locations at which the plants or plant parts may be gathered and removed;

    (8) Identification of the methods that may be used for gathering and removal;

    (9) A statement that commercial use of natural resources is prohibited under § 2.1(c)(3)(v);

    (10) Protocols for monitoring gathering and removal activities and thresholds above which NPS and tribal management intervention will occur;

    (11) Operating protocols and additional remedies for non-compliance with the terms of the agreement beyond those provided in this section;

    (12) Any additional terms or conditions that the parties may agree to; and,

    (13) A list of key officials.

    (g) What concurrence must the Superintendent obtain? The superintendent must obtain the written concurrence of the Regional Director to any agreement before it can go into effect, and before any permit may be issued.

    (h) When will the Superintendent close areas to gathering and removal? Notwithstanding the terms of any agreement executed under this section, the Superintendent may close park areas, or portions thereof, to gathering and removal for any of the following reasons:

    (i) Maintenance of public health and safety;

    (ii) Protection of environmental or scenic values;

    (iii) Protection of natural or cultural resources;

    (iv) Aid to scientific research;

    (v) Implementation of management responsibilities;

    (vi) Equitable allocation and use of facilities; or

    (vii) Avoidance of conflict among visitor use activities.

    (2) Closed areas may not be reopened to traditional gathering and removal until the reasons for the closure have been resolved.

    (3) Except in emergency situations, the Superintendent will provide public notice of any closure or reopening under this section in accordance with § 1.7 of this chapter.

    (i) When will the agreement and permit be suspended or terminated?

    (1) Notwithstanding any remedy provisions of an agreement, violation of the terms or conditions of an agreement or permit issued under this section may result in suspension or termination of the agreement and permit, and loss of authorization to gather and remove.

    (2) A Superintendent may suspend an agreement and implementing permit if terms or conditions are violated or if unanticipated or significant impacts occur. The Superintendent shall prepare a written determination justifying the action.

    (3) The Superintendent must have the written concurrence of the Regional Director before terminating an agreement or implementing permit.

    (j) When is gathering prohibited? Gathering, possession, or removal from a park area of plants or plant parts (including for traditional purposes), is prohibited except where specifically authorized by;

    (1) Federal statutory law;

    (2) Treaty rights;

    (3) Other regulations of this chapter; or

    (4) The terms and conditions of an agreement and permit issued under this section.

    (k) Have the information collection requirements been approved? The Office of Management and Budget has reviewed and approved the information collection requirements in this section and assigned OMB Control No. 1024-XXXX. We will use this information to determine whether a traditional association and purpose can be documented in order to authorize gathering. We may not conduct or sponsor and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. You may send comments on any aspect of this information collection to the Information Collection Clearance Officer, National Park Service, 1849 C Street NW., Washington, DC 20240.

    Dated: April 2, 2105. Michael Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
    [FR Doc. 2015-08852 Filed 4-17-15; 8:45 am] BILLING CODE 4310-EJ-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2014-0705; FRL-9926-27-Region 5] Approval and Promulgation of Air Quality Implementation Plans; Illinois; Illinois Power Holdings and AmerenEnergy Medina Valley Cogen Variance AGENCY:

    Environmental Protection Agency.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve into the Illinois Regional Haze State Implementation Plan (SIP) a variance for the electrical generating units (EGUs) included in the Ameren multi-pollutant standard group (Ameren MPS Group). The Ameren MPS Group consists of five facilities owned by Illinois Power Holdings, LLC (IPH) and two facilities owned by AmerenEnergy Medina Valley Cogen, LLC (Medina Valley). The Illinois Environmental Protection Agency (IEPA) submitted the variance to EPA for approval on September 3, 2014.

    DATES:

    Comments must be received on or before May 20, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R05-OAR-2014-0705, by one of the following methods:

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

    2. Email: [email protected]

    3. Fax: (312) 408-2279.

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

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

    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-2014-0705. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional instructions on submitting comments, go to Section I of the SUPPLEMENTARY INFORMATION section of this document.

    Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Kathleen D'Agostino, Environmental Engineer, at (312) 886-1767 before visiting the Region 5 office.

    FOR FURTHER INFORMATION CONTACT:

    Kathleen D'Agostino, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, [email protected].

    SUPPLEMENTARY INFORMATION:

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

    I. What should I consider as I prepare my comments for EPA? II. What is the background for this action? III. What is EPA's analysis of the variance for IPH and Medina Valley? IV. What action is EPA taking? V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:

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

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

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

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

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

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

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

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

    II. What is the background for this action?

    Regional haze is visibility impairment that is caused by the cumulative emissions of fine particles (PM2.5) (e.g., sulfates, nitrates, organic carbon, elemental carbon and dust) and its precursors (sulfur dioxide (SO2), nitrogen oxides (NOX), and in some cases ammonia and volatile organic compounds) from numerous sources over a wide geographic area. Fine particulate precursors react in the atmosphere to form PM2.5. Aerosol PM2.5 reduces the clarity and distance one can see by scattering and absorbing light.

    The visibility protection program under sections 169A, 169B, and 110(a)(2)(J) of the CAA is designed to protect visibility in national parks and wilderness areas (Class I areas). On December 2, 1980, EPA promulgated regulations, known as “reasonably attributable visibility impairment (RAVI), to address visibility impairment in Class I areas that is reasonably attributable to a single source or small group of sources. On July 1, 1999, EPA promulgated the Regional Haze Rule which revised existing visibility regulations to incorporate provisions addressing regional haze impairment. EPA's Regional Haze Rule, as codified in Title 40 Code of Federal Regulations Part 51.308 (40 CFR 51.308), requires states to submit regional haze SIPs. Among other things, the regional haze SIPs must include provisions requiring certain sources install and operate best available retrofit technology (BART).

    At 40 CFR 51.308(e)(2), the regional haze rule allows states to meet BART requirements by mandating alternative measures in lieu of mandating source-specific BART, so long as the alternative measures provide better visibility protection. Given the regional nature of visibility impairment, an alternative that results in lower emissions of SO2 and NOX will generally provide better visibility protection. Thus, in the absence of a difference in the spatial distribution of emissions, a modeling analysis is generally not necessary to be able to conclude that an alternative strategy with lower SO2 and NOX emissions provides better visibility protection.

    On June 24, 2011, Illinois submitted a plan to address the requirements of the Regional Haze Rule, as codified at 40 CFR 51.308. EPA approved Illinois' regional haze SIP on July 6, 2012 (77 FR 39943). In its approval, EPA determined that the emission reductions from sources included in the Illinois plan are significantly greater than even conservative definitions of BART applied to BART subject units (77 FR 39945). EPA also addressed whether the Illinois plan, achieving greater emission reductions overall than the application of BART on BART-subject units, can also be expected to achieve greater visibility protection than application of BART on BART-subject units. Given that, in general, the Illinois power plants are substantial distances from any Class I area, and given that the averaging in Illinois' plan is only authorized within the somewhat limited region within which each utility's plants are located, EPA determined that a reallocation of emission reductions from one plant to another is unlikely to change the visibility impact of those emission reductions significantly. Consequently, EPA concluded that the significantly greater emission reductions that Illinois required in its regional haze SIP will yield greater progress toward visibility protection as compared to the benefits of a conservative estimate of BART.

    One of the rules approved in that action to meet BART requirements is 35 Illinois Administrative Code (Ill. Adm. Code) rule 225.233 Multi-Pollutant Standard (MPS), specifically subsections (a), (b), (e), and (g). Section 225.233(e)(3)(C) contains the sulfur dioxide (SO2) emission standards applicable to the Ameren MPS Group. Section 225.233(e)(3)(C)(i) establishes an overall SO2 annual emission rate for EGUs in the Ameren MPS group of 0.50 pounds per million Btu (lb/mmBtu) for calendar years 2010 through 2013. Section 225.233(e)(3)(C)(ii) establishes an overall SO2 annual emission rate for EGUs in the Ameren MPS group of 0.43 lb/mmBtu for calendar year 2014. Section 225.233(e)(3)(C)(iii) establishes an overall SO2 annual emission rate for EGUs in the Ameren MPS group of 0.25 lb/mmBtu for calendar years 2015 and 2016. Section 225.233(e)(3)(C)(iv) establishes an overall SO2 annual emission rate for EGUs in the Ameren MPS group of 0.23 lb/mmBtu beginning in calendar year 2017 and continuing each calendar year thereafter.

    On November 21, 2013, the Illinois Pollution Control Board (IPCB) granted IPH and Medina Valley a variance from the applicable requirements of Section 225.233(e)(3)(C)(iii) for a period beginning January 1, 2015, through December 31, 2019, and Section 225.233(e)(3)(C)(iv) for a period beginning January 1, 2017, through December 31, 2019, subject to certain conditions. IEPA submitted the variance as a revisions to the Illinois Regional Haze SIP on September 3, 2014. The IPH facilities included in the Ameren MPS group and subject to the variance include: Coffeen Energy Center (Montgomery County), Duck Creek Energy Center (Fulton County), E.D. Edwards Energy Center (Peoria County), Joppa Energy Center (Massac County), and Newton Energy Center (Jasper County). The two Medina Valley facilities included in the Ameren MPS group and subject to the variance are the Meredosia Energy Center (Morgan County) and the Hutsonville Energy Center (Crawford County).

    III. What is EPA's analysis of the variance for IPH and Medina Valley?

    As stated above, the IPCB granted IPH and Medina Valley a variance from the requirement of Section 225.233(e)(3)(C)(iii) to comply with an overall SO2 annual emission rate of 0.25 lb/mmBtu in 2015 and 2016 for the time period from January 1, 2015, through December 31, 2019, and from the requirement of Section 225.233(e)(3)(C)(iv) to comply with an overall SO2 annual emission rate of 0.23 lb/mmBtu for the time period from January 1, 2017 through December 31, 2019. This variance was granted subject to numerous conditions including, but not limited to, the following:

    1. The IPH facilities in the Ameren MPS group must comply with an overall SO2 annual emission rate of 0.35 lb/million Btu from January 1, 2015, through December 31, 2019, and an overall SO2 annual emission rate of 0.23 lb/mmBtu beginning on January 1, 2020.

    2. Medina Valley must not operate the EGUs at Meredosia and Hutsonville Power stations until after December 31, 2020, except that the FutureGen project at the Meredosia Energy Center is exempt from this restriction.

    3. Through December 31, 2019, IPH must continue to burn low sulfur coal at the E.D. Edwards, Joppa, and Newton Energy Centers. The combined annual average stack SO2 emissions of these three stations must not exceed 0.55 lb/mmBtu on a calendar year annual average basis.

    4. Through December 31, 2019, IPH must operate the existing Flue Gas Desulfurization systems at the Duck Creek and Coffeen Energy Centers to achieve a combined SO2 removal rate of at least 98 percent on a calendar year annual average basis.

    5. IPH must permanently retire E.D. Edwards Unit 1 as soon as allowed by the Midcontinent Independent Transmission System Operator, Inc. (now called the Midcontinent Independent System Operator).

    6. From the time period beginning October 1, 2013, through December 31, 2020, IPH must limit the MPS Group system-wide mass emissions of SO2 to no more than 327,996 tons.

    7. For the time period beginning October 1, 2013, through December 31, 2020, IPH must report annually to IEPA the combined tons of mass SO2 emissions and the overall SO2 annual emissions rate from its five Ameren MPS group facilities. The report must show the mass SO2 emissions for each time period (October 1, 2013 through December 31, 2013, and each year thereafter) along with a running total of the remaining emissions available under the system-wide mass SO2 emissions limit.

    8. The variance also includes a condition with a schedule for completing the flue gas desulfurization project at the Newton Power Station, with major equipment components in position by September 1, 2019, and requirements for IPH to file annual progress reports with IEPA from 2013 through 2019.

    In evaluating the variance submitted by Illinois, EPA assessed the effect the variance would have on the emissions reductions expected under the MPS as currently approved into the Regional Haze SIP. Under the conditions of the currently approved Regional Haze SIP, the Ameren MPS group would be expected to emit 335,774 tons of SO2 for the 2013-2020 time period. Under the variance, the Ameren MPS group is limited to 327,996 tons of SO2 over that same time period; 7,778 tons less than would be expected under the current SIP.

    In addition, EPA evaluated the variance to ensure that the alternative measures contained in the variance continue to provide better visibility protection than the application of BART on BART-subject units. Because the deadline for implementation of BART level controls in Illinois is 2017 (within 5 years of approval of Illinois' SIP), EPA compared the 2017 emissions under the variance to the application of typical Best Available Control Technology (BACT) control levels to the BART subject units in the Ameren MPS group. BACT limits are imposed on new units or units undergoing major modifications. Therefore, BART limits, which by definition apply to relatively old existing units, are unlikely to be lower than the limits that would apply to a new unit and would in many cases be significantly higher.

    Table 1—Comparison of Emissions Reductions at Ameren MPS Group Units Under the Variance Versus Emissions Reductions From Application of BACT Limits to BART Subject Units Facility Unit MMMBtu Base year #/MMBtu Emissions
  • (tons)
  • BACT
  • (0.06#/MMBtu)
  • Emissions
  • (tons)
  • Reduction
  • (tons)
  • Variance
  • (2017)
  • #/MMBtu Emissions
  • (tons)
  • Reduction
  • (tons)
  • Cofeen 1 18,570 1.54 14,332 557 13,775 0.35 3,250 11,082 Cofeen 2 37,545 1.49 27999 1,126 26,873 0.35 6,570 21,429 Duck Creek 1 22,635 0.97 11026 679 10,347 0.35 3,961 7,065 E D Edwards 1 6,417 3.55 11399 0.35 1,123 10,276 E D Edwards 2 17,222 1.70 14666 517 14,149 0.35 3,014 11,652 E D Edwards 3 15,972 1.21 9683 479 9,204 0.35 2,795 6,888 Hutsonville 5 3,161 4.53 7163 0 0 7,163 Hutsonville 6 3,443 4.53 7791 0 0 7,791 Joppa 1 13,548 0.51 3441 0 0.35 2,371 1,070 Joppa 2 16,258 0.51 4139 0 0.35 2,845 1,294 Joppa 3 15,396 0.51 3947 0 0.35 2,694 1,253 Joppa 4 13,402 0.52 3448 0 0.35 2,345 1,143 Joppa 5 15,094 0.52 3932 0 0.35 2,641 1,291 Joppa 6 16,063 0.52 4182 0 0.35 2,811 1,371 Meredosia 1 1,134 5.02 2844 0 0 2,844 Meredosia 2 1,337 5.02 3356 0 0 3,356 Meredosia 3 1,069 5.04 2694 0 0 2,694 Meredosia 4 1,406 5.00 3518 0 0 3,518 Meredosia 5 10,810 2.34 12639 0 0 12,639 Newton 1 40,631 0.45 9046 0 0.35 7,110 1,936 Newton 2 38,533 0.46 8823 0 0.35 6,743 2,080 Totals 309,646 170,108 74,348 50,275 119,833

    Table 1 shows SO2 emissions reductions of 74,348 tons in 2017 if typical BACT limits were applied to BART subject sources in the Ameren MPS group. With the variance, Table 1 shows SO2 emissions reductions of 119,833 tons in 2017. More reductions are required in 2017 under the variance than would be required by the application of typical BACT limits to BART subject sources. Even assuming that the 22,360 MMBtu generated at the Hudsonville and Meredosia units would be shifted to other units in the group, applying the 0.35 pound/MBtu group average results in an additional 3,913 tons of emissions under the variance in 2017, or a total of 54,188 tons of SO2. This would result in 2017 SO2 emissions reductions under the variance of 115,920 tons, which remains 41,572 tons greater than emissions reductions under the application of BACT at BART subject sources. In addition, for the reasons set forth in EPA's approval of the Illinois regional haze sip (77 FR 39946) and summarized above, EPA continues to conclude that the significantly greater emission reductions required under the variance will yield greater progress toward visibility protection as compared to the benefits of a conservative estimate of BART. Therefore, EPA concludes that the revised limits under the variance continue to satisfy BART requirements for the Ameren MPS Group sources.

    In evaluating the approvability of the variance, EPA must also consider whether the SIP revision meets the requirements of section 110(l) of the CAA, 42 U.S.C. 7410(l). To be approved, a SIP revision must not interfere with any applicable requirement concerning attainment, reasonable further progress, or any other applicable requirement of the CAA. Currently, the SIP establishes overall annual SO2 emissions rates for the Ameren MPS Group, beginning in 2010. The SIP allows flexibility in achieving these overall emissions rates, not requiring reductions at any particular source. It should be noted that none of the Ameren MPS Group sources are located in a PM2.5 nonattainment area and the only source located in an SO2 nonattainment area is the E.D. Edwards facility in Peoria County. The variance adds specific conditions applicable to this facility, including the requirement that the E.D. Edwards, Joppa, and Newton Energy Centers continue to burn low sulfur coal through December 31, 2019, and that E.D. Edwards permanently retire Unit 1 as soon as allowed by the Midcontinent Independent Transmission System Operator, Inc. The variance will not result in any increase in SO2 emissions, but rather will result in fewer SO2 emissions over the 2013-2020 time period. In addition, the measures contained in the variance provide better visibility protection than the application of BART on BART-subject units. Therefore, the variance will not interfere with attainment, reasonable further progress, or any other applicable requirement of the CAA.

    IV. What action is EPA taking?

    EPA is proposing to approve the IPH and Medina Valley variance, submitted by IEPA on September 3, 2014, as a revision to the Illinois Regional Haze SIP.

    V. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference Illinois Pollution Control Board Order PCB 14-10, effective November, 21, 2013. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information).

    VI. Statutory and Executive Order Reviews

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

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

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

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

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

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

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

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

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

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

    This rule is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law.

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: April 2, 2015. Susan Hedman, Regional Administrator, Region 5.
    [FR Doc. 2015-08896 Filed 4-17-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2014-0704; FRL-9926-33-Region 5] Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO2, and 2010 SO2 NAAQS AGENCY:

    Environmental Protection Agency.

    ACTION:

    Proposed rule.

    SUMMARY:

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

    DATES:

    Comments must be received on or before May 20, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R05-OAR-2014-0704, by one of the following methods:

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

    2. Email: [email protected]

    3. Fax: (312) 408-2279.

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

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

    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-2014-0704. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional instructions on submitting comments, go to Section I of the SUPPLEMENTARY INFORMATION section of this document.

    Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Eric Svingen, Environmental Engineer, at (312) 353-4489 before visiting the Region 5 office.

    FOR FURTHER INFORMATION CONTACT:

    Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4489, [email protected]

    SUPPLEMENTARY INFORMATION:

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

    I. What should I consider as I prepare my comments for EPA? II. What is the background of these SIP submissions? III. What guidance is EPA using to evaluate these SIP submissions? IV. What is the result of EPA's review of these SIP submissions? V. What action is EPA taking? VI. Statutory and Executive Order Reviews I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:

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

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

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

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

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

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

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

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

    II. What is the background of these SIP submissions? A. What state submissions does this rulemaking address?

    This rulemaking addresses June 20, 2013, submissions and a January 28, 2015, clarification from the Wisconsin Department of Natural Resources (WDNR) intended to address all applicable infrastructure requirements for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    B. Why did the state make these SIP submissions?

    Under section 110(a)(1) and (2) of the CAA, states are required to submit infrastructure SIPs to ensure that their SIPs provide for implementation, maintenance, and enforcement of the NAAQS, including the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. These submissions must contain any revisions needed for meeting the applicable SIP requirements of section 110(a)(2), or certifications that their existing SIPs for the NAAQS already meet those requirements.

    EPA highlighted this statutory requirement in an October 2, 2007, guidance document entitled “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5 1 National Ambient Air Quality Standards” (2007 Guidance) and has issued additional guidance documents, the most recent on September 13, 2013, entitled “Guidance on Infrastructure State Implementation Plan (SIP) Elements under CAA Sections 110(a)(1) and (2)” (2013 Guidance). The SIP submissions referenced in this rulemaking pertain to the applicable requirements of section 110(a)(1) and (2), and address the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    1 PM2.5 refers to particles with an aerodynamic diameter of less than or equal to 2.5 micrometers, oftentimes referred to as “fine” particles.

    C. What is the scope of this rulemaking?

    EPA is acting upon the SIP submissions from Wisconsin that address the infrastructure requirements of CAA section 110(a)(1) and (2) for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. The requirement for states to make SIP submissions of this type arises out of CAA section 110(a)(1), which states that states must make SIP submissions “within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),” and these SIP submissions are to provide for the “implementation, maintenance, and enforcement” of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA's taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that “[e]ach such plan” submission must address.

    EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of CAA section 110(a)(1) and (2) as “infrastructure SIP” submissions. Although the term “infrastructure SIP” does not appear in the CAA, EPA uses the term to distinguish this particular type of SIP submission from submissions that are intended to satisfy other SIP requirements under the CAA, such as SIP submissions that address the nonattainment planning requirements of part D and the Prevention of Significant Deterioration (PSD) requirements of part C of title I of the CAA, and “regional haze SIP” submissions required to address the visibility protection requirements of CAA section 169A.

    This rulemaking will not cover three substantive areas that are not integral to acting on a state's infrastructure SIP submissions: (i) Existing provisions related to excess emissions during periods of start-up, shutdown, or malfunction (“SSM”) at sources, that may be contrary to the CAA and EPA's policies addressing such excess emissions; (ii) existing provisions related to “director's variance” or “director's discretion” that purport to permit revisions to SIP approved emissions limits with limited public notice or without requiring further approval by EPA, that may be contrary to the CAA; and, (iii) existing provisions for PSD programs that may be inconsistent with current requirements of EPA's “Final NSR Improvement Rule,” 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526 (June 13, 2007) (“NSR Reform”). Instead, EPA has the authority to address each one of these substantive areas in separate rulemakings. A detailed history, interpretation, and rationale as they relate to infrastructure SIP requirements can be found in EPA's May 13, 2014, proposed rule entitled, “Infrastructure SIP Requirements for the 2008 Lead NAAQS” in the section, “What is the scope of this rulemaking?” (see 79 FR 27241 at 27242-27245).

    III. What guidance is EPA using to evaluate these SIP submissions?

    EPA's guidance for these infrastructure SIP submissions is embodied in the 2007 Guidance referenced above. Specifically, attachment A of the 2007 Guidance (Required Section 110 SIP Elements) identifies the statutory elements that states need to submit in order to satisfy the requirements for an infrastructure SIP submission. As discussed above, EPA issued additional guidance, the most recent being the 2013 Guidance that further clarifies aspects of infrastructure SIPs that are not NAAQS specific.

    IV. What is the result of EPA's review of these SIP submissions?

    Pursuant to section 110(a), states must provide reasonable notice and opportunity for public hearing for all infrastructure SIP submissions. WDNR provided notice of a public comment period on May 1, 2013, held a public hearing at WDNR State Headquarters on June 10, 2013, and closed the public comment period on June 14, 2013. Two comments were received, expressing support for improved environmental protection and air quality.

    Wisconsin provided a detailed synopsis of how various components of its SIP meet each of the applicable requirements in section 110(a)(2) for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS, as applicable. The following review evaluates the state's submissions.

    A. Section 110(a)(2)(A)—Emission Limits and Other Control Measures

    This section requires SIPs to include enforceable emission limits and other control measures, means or techniques, schedules for compliance, and other related matters. However, EPA has long interpreted emission limits and control measures for attaining the standards as being due when nonattainment planning requirements are due.2 In the context of an infrastructure SIP, EPA is not evaluating the existing SIP provisions for this purpose. Instead, EPA is only evaluating whether the state's SIP has basic structural provisions for the implementation of the NAAQS.

    2 See, e.g., EPA's final rule on “National Ambient Air Quality Standards for Lead.” 73 FR 66964 at 67034.

    Under Wisconsin Statutes (Wis. Stats.) 227 and 285, WDNR holds the authority to create new rules and implement existing emission limits and controls. Authority to monitor, update, and implement revisions to Wisconsin's SIP, including revisions to emission limits and control measures as necessary to meet NAAQS, is contained in Wis. Stats. 285.11-285.19. Authority related to specific pollutants, including the establishment of ambient air quality standards and increments, identification of nonattainment areas, air resource allocations, and performance and emissions standards, is contained in Wis. Stats. 285.21-285.29.

    Specifically, authority for WNDR to create new rules and regulations is found in Wis. Stats. 227.11, 285.11, and 285.21. Wis. Stats. 227.11(2)(a) expressly confers rule making authority to an agency. Wis. Stats. 285.11(1) and (6) require that WDNR promulgate rules and establish control strategies in order to prepare and implement the SIP for the prevention, abatement, and control of air pollution in Wisconsin.

    The 2013 Guidance states that to satisfy section 110(a)(2)(A) requirements, “an air agency's submission should identify existing EPA-approved SIP provisions or new SIP provisions that the air agency has adopted and submitted for EPA approval that limit emissions of pollutants relevant to the subject NAAQS, including precursors of the relevant NAAQS pollutant where applicable.” In its January 28, 2015, clarification letter, WDNR identified existing controls and emission limits in the Wisconsin Administrative Code that can be applied to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. These regulations include controls and emission limits for volatile organic compounds (VOC) and nitrogen oxides (NOX), which are precursors to ozone. VOC as an ozone precursor is controlled by Wisconsin Administrative Code Chapters Natural Resources (NR) 419-425, and NOX as an ozone precursor is controlled by NR 428; these regulations can be applied to the 2008 ozone NAAQS. NR 428 contains existing controls and emission limits for NOX; these regulations can be applied to the 2010 NO2 NAAQS. NR 418 contains existing controls and emission limits for SO2; these regulations can be applied to the 2010 SO2 NAAQS.

    In this rulemaking, EPA is not proposing to approve any new provisions in NR 419-425, NR 428, or NR 418 that have not been previously approved by EPA. EPA is also not proposing to approve or disapprove any existing state provisions or rules related to start-up, shutdown or malfunction or director's discretion in the context of section 110(a)(2)(A). EPA proposes that Wisconsin has met the infrastructure SIP requirements of section 110(a)(2)(A) with respect to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    B. Section 110(a)(2)(B)—Ambient Air Quality Monitoring/Data System

    This section requires SIPs to include provisions to provide for establishing and operating ambient air quality monitors, collecting and analyzing ambient air quality data, and making these data available to EPA upon request. This review of the annual monitoring plan includes EPA's determination that the state: (i) Monitors air quality at appropriate locations throughout the state using EPA-approved Federal Reference Methods or Federal Equivalent Method monitors; (ii) submits data to EPA's Air Quality System (AQS) in a timely manner; and, (iii) provides EPA Regional Offices with prior notification of any planned changes to monitoring sites or the network plan.

    WDNR continues to operate an extensive air monitoring network, which is used to determine compliance with the NAAQS. Furthermore, WDNR submits yearly monitoring network plans to EPA, and EPA approved WDNR's Annual Air Monitoring Network Plan for ozone, NO2, and SO2 on October 31, 2014. Monitoring data from WDNR are entered into EPA's AQS in a timely manner, and the state provides EPA with prior notification when changes to its monitoring network or plan are being considered. EPA proposes that Wisconsin has met the infrastructure SIP requirements of section 110(a)(2)(B) with respect to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    C. Section 110(a)(2)(C)—Program for Enforcement of Control Measures; PSD

    This section requires each state to provide a program for enforcement of control measures. Section 110(a)(2)(C) also includes various requirements relating to PSD.

    1. Program for Enforcement of Control Measures

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

    WDNR maintains an enforcement program to ensure compliance with SIP requirements. The Bureau of Air Management houses an active statewide compliance and enforcement team that works in all geographic regions of the state. WDNR refers actions as necessary to the Wisconsin Department of Justice with the involvement of WDNR. Under Wis. Stats. 285.13, WDNR has the authority to impose fees and penalties to ensure that required measures are ultimately implemented. Wis. Stats. 285.83 and Wis. Stats. 285.87 provide WDNR with the authority to enforce violations and assess penalties. EPA proposes that Wisconsin has met the enforcement of SIP measures requirements of section 110(a)(2)(C) with respect to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    2. PSD

    110(a)(2)(C) includes various PSD requirements: Identification of NOX as a precursor to ozone provisions in the PSD program, identification of precursors to PM2.5 and the identification of PM2.5 and PM103 condensables in the PSD program, PM2.5 increments in the PSD program, and greenhouse gas (GHG) permitting and the “Tailoring Rule.” 4 In this rulemaking, we are not taking action on the state's satisfaction of the various PSD permitting requirements. Instead, EPA will evaluate Wisconsin's compliance with each of these requirements in a separate rulemaking.

    3 PM10 refers to particles with an aerodynamic diameter of less than or equal to 10 micrometers.

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

    D. Section 110(a)(2)(D)—Interstate Transport; Pollution Abatement

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

    1. Interstate Transport—Significant Contribution

    On February 17, 2012, EPA promulgated designations for the 2010 NO2 NAAQS, stating for the entire country that, “The EPA is designating areas as “unclassifiable/attainment” to mean that available information does not indicate that the air quality in these areas exceeds the 2010 NO2 NAAQS” (see 77 FR 9532). For comparison purposes, EPA examined the design values 5 based on data collected between 2011 and 2013 from NO2 monitors in Wisconsin and surrounding states. Within Wisconsin, the highest design value was 49 ppb at a monitor in Milwaukee. In surrounding states, the highest design value was 64 ppb at a monitor in Chicago, IL. These design values are both lower than the standard, which is 100 ppb for the 2010 NO2 NAAQS. Additionally, as discussed in EPA's evaluation of 110(a)(2)(A) requirements, NR 428 contains controls and emission limits for NOX. Furthermore, NR 432 allows Wisconsin to implement the state portions of the Clean Air Interstate Rule (CAIR), which addresses emissions of NOX as well as SO2. On January 1, 2015, CAIR was replaced by the Cross-State Air Pollution Rule (CSAPR), which requires reductions of NOX and SO2 emissions in order to reduce interstate transport. WDNR works with EPA in implementing this program. EPA believes that, in conjunction with the continued implementation of the state's ability to limit NOX emissions, low monitored values of NO2 will continue in and around Wisconsin. In other words, NO2 emissions from Wisconsin are not expected to cause or contribute to a violation of the 2010 NO2 NAAQS in another state.

    5 The level of the 2010 NO2 NAAQS is 100 parts per billion (ppb) and the form is the 3-year average of the annual 98th percentile of the daily 1-hour maximum. For the most recent design values, see http://www.epa.gov/airtrends/values.html.

    In this rulemaking, EPA is not evaluating section 110(a)(2)(D)(i)(I) requirements relating to significant contribution to transport for the 2008 ozone and 2010 SO2 NAAQS. Instead, EPA will evaluate these requirements in a separate rulemaking. EPA proposes that Wisconsin has met the section 110(a)(2)(D)(i)(I) requirements relating to significant contribution to transport for the 2010 NO2 NAAQS.

    2. Interstate Transport—Interfere With Maintenance

    As described above, EPA has classified all areas of the country as “unclassifiable/attainment” for the 2010 NO2 NAAQS, NO2 design values in and around Wisconsin are lower than the standard, WDNR is able to control NO2 emissions, and CSAPR requires reductions in NOX emissions. In other words, NO2 emissions from Wisconsin are not expected to interfere with the maintenance of the 2010 NO2 NAAQS in another state.

    In this rulemaking, EPA is not evaluating section 110(a)(2)(D)(i)(I) requirements relating to interference with maintenance for the 2008 ozone and 2010 SO2 NAAQS. Instead, EPA will evaluate these requirements in a separate rulemaking. EPA proposes that Wisconsin has met the section 110(a)(2)(D)(i)(I) requirements relating to interference with maintenance for the 2010 NO2 NAAQS.

    3. Interstate Transport—Prevention of Significant Deterioration

    Section 110(a)(2)(D)(i)(II) requires SIPs to include provisions prohibiting interference with PSD. In this rulemaking, we are not taking action on the state's satisfaction of PSD requirements. Instead, EPA will evaluate Wisconsin's compliance with PSD requirements in a separate rulemaking.

    4. Interstate Transport—Protect Visibility

    With regard to the applicable requirements for visibility protection of section 110(a)(2)(D)(i)(II), states are subject to visibility and regional haze program requirements under part C of the CAA (which includes sections 169A and 169B). The 2013 Guidance states that these requirements can be satisfied by an approved SIP addressing reasonably attributable visibility impairment, if required, or an approved SIP addressing regional haze.

    On August 7, 2012, EPA published its final approval of Wisconsin's regional haze plan (see 77 FR 46952). Therefore, EPA is proposing that Wisconsin has met the visibility protection requirements of section 110(a)(2)(D)(i)(II) for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    5. Interstate and International Pollution Abatement

    Section 110(a)(2)(D)(ii) requires each SIP to contain adequate provisions requiring compliance with the applicable requirements of section 126 and section 115 of the CAA (relating to interstate and international pollution abatement, respectively).

    Section 126(a) requires new or modified sources to notify neighboring states of potential impacts from the source. The statute does not specify the method by which the source should provide the notification. States with SIP-approved PSD programs must have a provision requiring such notification by new or modified sources. A lack of such a requirement in state rules would be grounds for disapproval of this element.

    Wisconsin has provisions in its EPA-approved PSD program requiring new or modified sources to notify neighboring states of potential negative air quality impacts. Wisconsin's submissions reference these provisions as being adequate to meet the requirements of section 126(a). EPA proposes that Wisconsin has met the infrastructure SIP requirements of section 110(a)(2)(D)(ii) related to section 126(a) with respect to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    The submissions from Wisconsin affirm that the state has no pending obligations under section 115. EPA proposes that Wisconsin has met the infrastructure SIP requirements of section 110(a)(2)(D)(ii) related to section 115 with respect to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    E. Section 110(a)(2)(E)—Adequate Authority and Resources

    This section requires each state to provide for adequate personnel, funding, and legal authority under state law to carry out its SIP, and related issues. Section 110(a)(2)(E)(ii) also requires each state to comply with the requirements respecting state boards under section 128.

    1. Adequate Resources

    Wisconsin's biennial budget ensures that EPA grant funds as well as state funding appropriations are sufficient to administer its air quality management program, and WDNR has routinely demonstrated that it retains adequate personnel to administer its air quality management program. Wisconsin's Environmental Performance Partnership Agreement with EPA documents certain funding and personnel levels at WDNR. As discussed in previous sections, basic duties and authorities in the state are outlined in Wis. Stats. 285.11. EPA proposes that Wisconsin has met the infrastructure SIP requirements of this portion of section 110(a)(2)(E) with respect to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    2. State Board Requirements

    Section 110(a)(2)(E) also requires each SIP to contain provisions that comply with the state board requirements of section 128 of the CAA. That provision contains two explicit requirements: (i) That any board or body which approves permits or enforcement orders under this chapter shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits and enforcement orders under this chapter, and (ii) that any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed.

    In today's action, EPA is neither proposing to approve nor disapprove the portions of the submissions from Wisconsin intended to address the state board requirements of section 110(a)(2)(E)(ii). Instead, EPA will take separate action on compliance with section 110(a)(2)(E)(ii) for the state at a later time. EPA is working with WDNR to address these requirements in the most appropriate way.

    F. Section 110(a)(2)(F)—Stationary Source Monitoring System

    States must establish a system to monitor emissions from stationary sources and submit periodic emissions reports. Each plan shall also require the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources to monitor emissions from such sources. The state plan shall also require periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and correlation of such reports by each state agency with any emission limitations or standards established pursuant to this chapter. Lastly, the reports shall be available at reasonable times for public inspection.

    WDNR requires regulated sources to submit various reports, dependent on applicable requirements and the type of permit issued, to the Bureau of Air Management Compliance Team. The frequency and requirements for report review are incorporated as part of NR 438 and NR 439. Additionally, WDNR routinely submits quality assured analyses and data obtained from its stationary source monitoring system for review and publication by EPA. Basic authority for Wisconsin's Federally mandated Compliance Assurance Monitoring reporting structure is provided in Wis. Stats. 285.65. EPA proposes that Wisconsin has met the infrastructure SIP requirements of section 110(a)(2)(F) with respect to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    G. Section 110(a)(2)(G)—Emergency Power

    This section requires that a plan provide for authority that is analogous to what is provided in section 303 of the CAA, and adequate contingency plans to implement such authority. The 2013 Guidance states that infrastructure SIP submissions should specify authority, rested in an appropriate official, to restrain any source from causing or contributing to emissions which present an imminent and substantial endangerment to public health or welfare, or the environment.

    Wis. Stats. 285.85 provides the requirement for WDNR to act upon a finding that an emergency episode or condition exists. The language contained in this chapter authorizes WDNR to seek immediate injunctive relief in circumstances of substantial danger to the environment or to public health. EPA proposes that Wisconsin has met the applicable infrastructure SIP requirements for this portion of section 110(a)(2)(G) with respect to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    H. Section 110(a)(2)(H)—Future SIP Revisions

    This section requires states to have the authority to revise their SIPs in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or to an EPA finding that the SIP is substantially inadequate.

    Wis. Stats. 285.11(6) provides WDNR with the authority to develop all rules, limits, and regulations necessary to meet the NAAQS as they evolve, and to respond to any EPA findings of inadequacy with the overall Wisconsin SIP and air management programs. EPA proposes that Wisconsin has met the infrastructure SIP requirements of section 110(a)(2)(H) with respect to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    I. Section 110(a)(2)(I)—Nonattainment Planning Requirements of Part D

    The CAA requires that each plan or plan revision for an area designated as a nonattainment area meet the applicable requirements of part D of the CAA. Part D relates to nonattainment areas.

    EPA has determined that section 110(a)(2)(I) is not applicable to the infrastructure SIP process. Instead, EPA takes action on part D attainment plans through separate processes.

    J. Section 110(a)(2)(J)—Consultation With Government Officials; Public Notification; PSD; Visibility Protection

    The evaluation of the submissions from Wisconsin with respect to the requirements of section 110(a)(2)(J) are described below.

    1. Consultation With Government Officials

    States must provide a process for consultation with local governments and Federal Land Managers (FLMs) carrying out NAAQS implementation requirements.

    Wis. Stats. 285.13(5) contains the provisions for WDNR to advise, consult, contract, and cooperate with other agencies of the state and local governments, industries, other states, interstate or inter-local agencies, the Federal government, and interested persons or groups during the entire process of SIP revision development and implementation and for other elements regarding air management for which WDNR is the officially charged agency. WDNR's Bureau of Air Management has effectively used formal stakeholder structures in the development and refinement of all SIP revisions. Additionally, Wisconsin is an active member of the Lake Michigan Air Directors Consortium (LADCO), which provides technical assessments and a forum for discussion regarding air quality issues to member states. EPA proposes that Wisconsin has satisfied the infrastructure SIP requirements of this portion of section 110(a)(2)(J) with respect to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    2. Public Notification

    Section 110(a)(2)(J) also requires states to notify the public if NAAQS are exceeded in an area and to enhance public awareness of measures that can be taken to prevent exceedances. WDNR maintains portions of its Web site specifically for issues related to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.6 Information related to monitoring sites is found on Wisconsin's Web site, as is the calendar for all public events and public hearings held in the state. EPA proposes that Wisconsin has met the infrastructure SIP requirements of this portion of section 110(a)(2)(J) with respect to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    6http://dnr.wi.gov/topic/AirQuality/Pollutants.html.

    3. PSD

    States must meet applicable requirements of section 110(a)(2)(C) related to PSD. Wisconsin's PSD program in the context of infrastructure SIPs has already been discussed in the paragraphs addressing section 110(a)(2)(C) and (a)(2)(D)(i)(II). EPA will evaluate Wisconsin's compliance with the various PSD and GHG infrastructure SIP requirements of section 110(a)(2)(J) in a separate rulemaking.

    4. Visibility Protection

    With regard to the applicable requirements for visibility protection, states are subject to visibility and regional haze program requirements under part C of the CAA (which includes sections 169A and 169B). In the event of the establishment of a new NAAQS, the visibility and regional haze program requirements under part C do not change. Thus, we find that there is no new visibility obligation “triggered” under section 110(a)(2)(J) when a new NAAQS becomes effective. However, as EPA discussed above in section D, Wisconsin has a fully approved regional haze plan. This plan also meets the visibility requirements of section 110(a)(2)(J). EPA proposes that Wisconsin has satisfied the infrastructure SIP requirements of this portion of section 110(a)(2)(J) with respect to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    K. Section 110(a)(2)(K)—Air Quality Modeling/Data

    SIPs must provide for performing air quality modeling for predicting effects on air quality of emissions from any NAAQS pollutant and submission of such data to EPA upon request.

    WDNR maintains the capability to perform computer modeling of the air quality impacts of emissions of all criteria pollutants, including both source-oriented and more regionally directed complex photochemical grid models. WDNR collaborates with LADCO, EPA, and other Lake Michigan states in order to perform modeling. Wis. Stats. 285.11, Wis. Stats. 285.13, and Wis. Stats. 285.60-285.69 authorize WDNR to perform modeling. EPA proposes that Wisconsin has met the infrastructure SIP requirements of section 110(a)(2)(K) with respect to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    L. Section 110(a)(2)(L)—Permitting Fees

    This section requires SIPs to mandate each major stationary source to pay permitting fees to cover the cost of reviewing, approving, implementing, and enforcing a permit.

    WDNR implements and operates the title V permit program, which EPA approved on December 4, 2001 (66 FR 62951). EPA approved revisions to the program on February 28, 2006 (71 FR 9934). NR 410 contains the provisions, requirements, and structures associated with the costs for reviewing, approving, implementing, and enforcing various types of permits. EPA proposes that Wisconsin has met the infrastructure SIP requirements of section 110(a)(2)(L) for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    M. Section 110(a)(2)(M)—Consultation/Participation by Affected Local Entities

    States must consult with and allow participation from local political subdivisions affected by the SIP.

    In addition to the measures outlined in the paragraph addressing WDNR's submittals regarding consultation requirements of section 110(a)(2)(J), as contained in Wis. Stats. 285.13(5), the state follows a formal public hearing process in the development and adoption of all SIP revisions that entail new or revised control programs or strategies and targets. For SIP revisions covering more than one source, WDNR is required to provide the standing committees of the state legislature with jurisdiction over environmental matters with a 60 day review period to ensure that local entities have been properly engaged in the development process. EPA proposes that Wisconsin has met the infrastructure SIP requirements of section 110(a)(2)(M) with respect to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    V. What action is EPA taking?

    EPA is proposing to approve most elements of submissions from Wisconsin certifying that its current SIP is sufficient to meet the required infrastructure elements under section 110(a)(1) and (2) for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    EPA's proposed actions for the state's satisfaction of infrastructure SIP requirements, by element of section 110(a)(2) and NAAQS, are contained in the table below.

    Element 2008 Ozone 2010 NO2 2010 SO2 (A)—Emission limits and other control measures A A A (B)—Ambient air quality monitoring/data system A A A (C)1—Program for enforcement of control measures A A A (C)2—PSD NA NA NA (D)1—I Prong 1: Interstate transport—significant contribution NA A NA (D)2—I Prong 2: Interstate transport—interfere with maintenance NA A NA (D)3—II Prong 3: Interstate transport—prevention of significant deterioration NA NA NA (D)4—II Prong 4: Interstate transport—protect visibility A A A (D)5—Interstate and international pollution abatement A A A (E)1—Adequate resources A A A (E)2—State board requirements NA NA NA (F)—Stationary source monitoring system A A A (G)—Emergency power A A A (H)—Future SIP revisions A A A (I)—Nonattainment planning requirements of part D NA NA NA (J)1—Consultation with government officials A A A (J)2—Public notification A A A (J)3—PSD NA NA NA (J)4—Visibility protection A A A (K)—Air quality modeling/data A A A (L)—Permitting fees A A A (M)—Consultation and participation by affected local entities A A A In the above table, the key is as follows:  A—Approve.  NA—No Action/Separate Rulemaking. VI. Statutory and Executive Order Reviews

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

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

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

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

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

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

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

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

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

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

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

    List of Subjects in 40 CFR Part 52

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

    Dated: April 2, 2015. Susan Hedman, Regional Administrator, Region 5.
    [FR Doc. 2015-09051 Filed 4-17-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 136 [EPA-HQ-OW-2014-0797; FRL-9926-38-OW] RIN 2040-AF48 Clean Water Act Methods Update Rule for the Analysis of Effluent; Comment Extension AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule; extension of the public comment period.

    SUMMARY:

    Environmental Protection Agency (EPA) received requests for an extension of the period for providing comments on the proposed rule entitled, “Clean Water Act Methods Update Rule for the Analysis of Effluent,” published in the Federal Register on February 19, 2015. EPA extends the comment period in order to provide the public additional time to submit comments and supporting information.

    DATES:

    EPA extends the public comment period for the proposed rule published February 19, 2015, (80 FR 8956) to May 20, 2015.

    ADDRESSES:

    Written comments on the proposed rule may be submitted to the EPA electronically, by mail, by facsimile or through hand delivery/courier. Please refer to the proposal (80 FR 8956) for the addresses and detailed instructions.

    Docket. Publically available documents relevant to this action are available for public inspection either electronically at http://www.regulations.gov or in hard copy at the Water Docket in the EPA Docket Center, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Water Docket is (202) 566-2426. The EPA has established the official public docket No. EPA-HQ-OW-2014-0797.

    FOR FURTHER INFORMATION CONTACT:

    Adrian Hanley, Engineering and Analysis Division (4303T), Office of Water, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone: (202) 564-1564; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Comment Period

    The EPA is extending the previously announced public-comment period. The public comment period will end on May 20, 2015, rather than April 20, 2015. This will ensure that the public has sufficient time to review and comment on all of the information available, including the proposed rule and other materials in the docket.

    List of Subjects in 40 CFR Part 136

    Environmental protection, Incorporation by reference, Reporting and recordkeeping requirements, Test procedures, Water pollution control.

    Dated: April 9, 2015. Kenneth J. Kopocis, Deputy Assistant Administrator, Office of Water.
    [FR Doc. 2015-08890 Filed 4-17-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA-R01-RCRA-2015-0195; FRL-9926-53-Region 1] Vermont: Proposed Authorization of State Hazardous Waste Management Program Revisions AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    EPA is proposing to grant final authorization to the State of Vermont for changes to its hazardous waste program. In the “Rules and Regulations” section of this Federal Register we are authorizing the changes to the Vermont hazardous waste program under the Resource Conservation and Recovery Act (RCRA) as a direct final rule without prior proposed rule. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization. If we receive no adverse comment, we will not take further action on this proposed rule

    DATES:

    Written comments must be received by May 20, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R01-RCRA-2015-0195, by mail to Sharon Leitch, RCRA Waste Management and UST Section, Office of Site Remediation and Restoration (OSRR07-1), U.S. EPA Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109-3912. Comments may also be submitted electronically or thorough hand delivery/courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register.

    FOR FURTHER INFORMATION CONTACT:

    Sharon Leitch, RCRA Waste Management and UST Section, Office of Site Remediation and Restoration (OSRR07-1), U.S. EPA Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109-3912; telephone number: (617) 918-1647; fax number: (617) 918-0647; email address: [email protected].

    SUPPLEMENTARY INFORMATION:

    In the “Rules and Regulations” section of this Federal Register, EPA is authorizing these changes by a direct final rule. EPA did not make a proposal prior to the direct final rule because we believe this action is not controversial and do not expect adverse comments that oppose it. We have explained the reasons for this authorization in the preamble to the direct final rule. Unless we receive written adverse comments which oppose this authorization during the comment period, the direct final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we get comments that oppose this action, we will withdraw the direct final rule and it will not take immediate effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you should do so at this time.

    Dated: March 24, 2015. H. Curtis Spalding, Regional Administrator, EPA Region 1.
    [FR Doc. 2015-08996 Filed 4-17-15; 8:45 am] BILLING CODE 6560-50-P
    LEGAL SERVICES CORPORATION 45 CFR Parts 1610, 1627, and 1630 Use of Non-LSC Funds, Transfer of LSC Funds, Program Integrity; Subgrants and Membership Fees or Dues; Cost Standards and Procedures AGENCY:

    Legal Services Corporation.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    This proposed rule revises the Legal Services Corporation (LSC or Corporation) regulations governing transfers of LSC funds, subgrants to third parties, and cost standards and procedures.

    DATES:

    Comments must be submitted by May 20, 2015.

    ADDRESSES:

    You may submit comments by any of the following methods:

    Email: [email protected] Include “Subgrant Rulemaking” in the subject line of the message.

    Fax: (202) 337-6519, ATTN: Subgrant Rulemaking.

    Mail: Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW., Washington, DC 20007, ATTN: Subgrant Rulemaking.

    Hand Delivery/Courier: Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW., Washington, DC 20007, ATTN: Subgrant Rulemaking.

    Instructions: Electronic submissions are preferred via email with attachments in Acrobat PDF format. LSC may not consider written comments sent via any other method or received after the end of the comment period.

    FOR FURTHER INFORMATION CONTACT:

    Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW., Washington, DC 20007, (202) 295-1563 (phone), (202) 337-6519 (fax), [email protected]

    SUPPLEMENTARY INFORMATION: I. Regulatory History

    A. Part 1627. LSC initially promulgated 45 CFR part 1627 in 1983 to improve its oversight of and accountability for LSC funds transferred by recipients to third parties. 48 FR 54206, 54207, Nov. 30, 1983. Prior to the issuance of part 1627, LSC did not regulate subawards of its funds. LSC intended part 1627 to apply to all transfers of LSC funds, which it described in the rule as subgrants, fees and dues, contributions, transfers to other recipients (considered a type of subgrant), training and education activities, and payments to tax-sheltered annuities, retirement accounts, and pensions on behalf of employees. Id. at 54209. LSC did not intend the rule to govern a recipient's procurement of goods and services for its own use. 48 FR 28485, June 22, 1983; 48 FR 54206, 54209, Nov. 30, 1983.

    In the proposed rule for part 1627, LSC defined the term subgrant as

    any transfer of funds received from the Corporation by a recipient to any organization for the purpose of carrying out a portion of the recipient's program under a grant or contract from the Corporation; it shall not include a contract for services to be rendered directly to the recipient, nor shall it include any contract with private attorneys or law firms for the direct provision of legal services to eligible clients.

    48 FR 28485, 28486, June 22, 1983. In the final rule, LSC incorporated the quoted language into the definition of subrecipient, along with new language explaining what LSC considered activities conducted “for the purpose of carrying out a portion of the recipient's program.” 48 FR 54206, 54207, Nov. 30, 1983. LSC also made contracts with private attorneys or law firms for the direct provision of legal services to eligible clients subject to the subgrant rule if the contract cost exceeded $25,000. Id. LSC redefined the term subgrant as “any transfer of Corporation funds from a recipient which qualifies the organization receiving such funds as a subrecipient under the [revised definition of subrecipient].” Id.

    In part 1627, LSC established the process by which a recipient could seek approval of a proposed subgrant, the maximum duration of a subgrant, the recipient's responsibilities for ensuring compliance with LSC's fiscal and audit requirements, and the recipient's responsibility to repay any disallowed costs. 48 FR 54206, 54209, Nov. 30, 1983. LSC also asserted its own rights to oversee subgrants to ensure the subgrantees' compliance with the LSC Act and other applicable statutes, LSC's regulations, and Corporation guidelines and instructions. Id. A separate section of the rule made these requirements applicable to subgrants from one LSC recipient to another. Id. Because a subgrant of LSC funds from one LSC recipient to another is a transfer of funds granted by the same agency, LSC established reporting, accounting, and repayment rules for these types of arrangements that reflect LSC's relationship to both parties. Id. at 54210.

    LSC last revised part 1627 in 1996. LSC published an interim rule to reflect the complete prohibition on the use of LSC funds to pay fees or dues enacted as part of its fiscal year 1996 appropriations act (“FY96 appropriations act”). Sec. 505, Public Law 104-134, 110 Stat. 1321 (1996). LSC also added a requirement that recipients establish adequate recordkeeping policies to document compliance with part 1627. 61 FR 45753, 45754, Aug. 29, 1996. The subgrant provisions remained unchanged, as did the provisions prohibiting contributions of LSC funds to other organizations and allowing recipients to make payments to tax-sheltered annuity funds, retirement accounts, or pension funds on behalf of its employees. Id. at 45753. The interim rule became final with only minor, non-substantive changes in 1997. 62 FR 19417, Apr. 21, 1997.

    B. Part 1610. Part 1610 implements the statutory restrictions on the use of non-LSC funds by LSC recipients. 45 CFR 1610.1. Originally promulgated in 1976, part 1610 has been revised relatively frequently due to changes in statutory restrictions and in LSC's policies regarding the application of those restrictions. As with part 1627, LSC amended part 1610 in 1996 and 1997 to implement new restrictions Congress placed on recipients' LSC and non-LSC funds through the FY96 appropriations act. Sec. 504, Public Law 104-134, 110 Stat. 1321 (1996). Relevantly, in the December 1996 final rule, LSC added § 1610.7 to govern the application of the LSC Act restrictions and the FY96 appropriations act restrictions to recipient transfers of LSC funds and non-LSC funds to third parties. 61 FR 63749, 63752, Dec. 2, 1996. Newly added § 1610.7 also established requirements for aligning a third-party's priorities for the use of transferred funds with the LSC recipient's priorities and for timekeeping on cases and matters undertaken with the transferred funds. Id.

    LSC issued a new interim rule in March 1997 in which it removed transfers of non-LSC funds from § 1610.7. 62 FR 12101, Mar. 14, 1997. LSC made this change to part 1610 in response to an order issued by the United States District Court for the District of Hawaii preliminarily enjoining LSC from enforcing the application of some of the FY96 appropriations act restrictions to non-LSC funds. Id.; see also Legal Aid Society of Hawaii v. Legal Services Corporation, 961 F. Supp. 1402 (D. Haw. 1997). LSC made no other changes to § 1610.7 as it applied to transfers of LSC funds. Section 1610.7 became final with only minor, non-substantive changes. 62 FR 27695, 27699, May 21, 1997.

    In 2010, LSC revised part 1610 in response to legislation that removed the FY96 appropriations act restriction on recipients' ability to claim or collect attorneys' fees. 79 FR 21506, 21508, Apr. 26, 2010. The 2010 revision did not affect § 1610.7.

    II. History of This Rulemaking

    A. Office of Inspector General Audit of the Technology Initiative Grant Program. In 2010, LSC's Office of Inspector General (OIG) conducted an audit of the Corporation's Technology Initiative Grant (TIG) program. Among its findings was a conclusion that LSC improperly applied part 1627 to the TIG program. Audit of Legal Services Corporation's Technology Initiative Grant Program, Report No. AU-11-01, at 41-44, Dec. 2010. In support of its finding, OIG looked to the definition of the term subrecipient, particularly the portion stating that the entity receiving the award of LSC funds “agree[s] to conduct certain activities specified by or supported by the [original] recipient related to the recipient's programmatic activities. Such activities would normally include those that might otherwise be expected to be conducted by the recipient itself[.]” Id. at 41; see also 45 CFR 1627.2(b)(1). Based on this language, OIG found that

    LSC's subgrant rule applies to all payments made by TIG grantees to third parties that then carry out some or all of the activities that `might otherwise be expected to be conducted directly by the recipient' of a TIG grant made for the purposes specified in the grant documents. The TIG grants specify programmatic purposes other than the direct provision of legal services, namely the implementation of certain technological improvements. Payments by TIG grantees to third parties for services that fall within these purposes amount to subgrants within the meaning of LSC's regulations as currently written and should be administered consistent with the requirements of Part 1627.

    Id. at 42.

    OIG reached the same conclusion regarding the application of § 1610.7 to third-party payments of TIG funds. Id. at 50.

    OIG noted in its report that

    the programmatic purposes of some TIG grants appeared to overlap the sort of business services that might not be treated as subgrants in other contexts. There is a degree of ambiguity in the application of LSC's subgrant rule to grants with relatively narrow, technological programmatic purposes, as was the case with some TIG grants. Part 1627 draws a distinction between payments to third parties to carry out activities `related to the [grantee's] programmatic activities,' which must be treated as subgrants, and services provided by `vendors or consultants in the normal course of business,' which need not be treated as subgrants when the services `would not be expected to be provided directly by the [grantee] itself.' The subgrant rule appears to have been written with the LSC's principal legal service grants in mind, such that ordinarily, programmatic activities consist of the provision of legal services, and business services can easily be classified as ancillary. This division is not as easy to make in the case of TIG grants, and the rule does not seem to have anticipated this problem. Id. at 42.

    OIG recommended that LSC Management “initiate a process to amend LSC regulations to account for [unique features of TIG projects]. . . .” Id. at 44. Management responded that LSC would review the subgrant rule “to determine whether it adequately accounts for the unique features of TIGs” and to determine whether to make recommendations for revising part 1627 to the Board of Directors. Id. Management also affirmed its reading of the subgrant rule by stating that it had consulted the Office of Legal Affairs to distinguish between “programmatic subgrants” and “non-programmatic expenditures for goods and services. . . .” Id. at 45. OIG considered Management's proposal to be responsive, but noted that its own recommendation contemplated rulemaking beyond merely making changes to part 1627. Id. OIG stated that it would leave the recommendation open until “all actions are completed and the OIG is notified of the results.” Id.

    B. 2012 Initiation of Rulemaking. Consistent with its response to OIG's recommendation, LSC Management presented a Rulemaking Options Paper (“ROP”) and Management recommendation to the Operations and Regulations Committee (“Committee”) of the LSC Board of Directors (“Board”) at its quarterly meeting on April 16, 2012. In the ROP, LSC staff discussed options for addressing two issues raised by OIG's report. The first set of options pertained to LSC's oversight of TIG subawards to third parties that were not considered subgrants. The second set of options related to OIG's recommendation to revise the regulations to account for the special features of TIGs.

    With respect to LSC's oversight of non-subgrant awards of TIG funds, OIG was satisfied that LSC's newly adopted TIG third-party contracting policy addressed its concerns. OIG consequently closed the related recommendations. In light of this development, Management recommended against rulemaking to respond to OIG's recommendations. The Committee voted to adopt Management's recommendation.

    LSC developed three options to address OIG's concern that TIG subawards were not treated properly as subgrants. LSC first proposed that the Board could choose not to engage in rulemaking on the matter and let Management continue to apply its interpretation of the subgrant rules at part 1627 and the transfer rule at part 1610. LSC's next options each contemplated rulemaking, but in opposing directions. The second option proposed initiating rulemaking to adopt Management's interpretation of part 1627: That in order to be considered a subgrant, the award to a third party must be for carrying out the recipient's overall programmatic purpose of providing legal assistance to eligible clients. The last option was to initiate rulemaking to adopt OIG's interpretation of the rule: That a subgrant is any award to a third party to carry out the programmatic purposes of the particular grant from which the award is made.

    In its memo to the Committee, Management recommended that the Committee initiate rulemaking to amend parts 1610 and 1627. Management believed that both rules should be amended to reflect LSC's “longstanding reading of these rules—that is, that both rules are designed to address legal services activities.” Management explained that the transfer rule, which takes the definition of “transfer” substantially from part 1627,

    subjects the transferee to all of LSC's substantive restrictions on legal services activities, including the 1996 restrictions that reach the use of non-LSC funds. These restrictions involve legal services activities (such as class actions, representation of aliens, and lobbying) and legal aid program operations (such as program priorities and timekeeping for cases and matters). As with the subgrant rule, the transfer rule does not extend those restrictions to non-programmatic procurement of goods or services. Management does not believe it would be prudent grant management to extend these types of restrictions and requirements to third-party vendors that provide business services and technology services as part of TIGs. These LSC restrictions are meant to apply to entities that receive LSC funds for the provision of legal services under the LSC Act.

    Management further explained that its interpretation avoids absurd results in other contexts. For example, LSC makes disaster relief grants to recipients whose offices have been damaged or destroyed by natural disasters. Those grants may be used to hire contractors to rebuild the offices or purchase new office supplies. Under OIG's reading, Management said, the building contractor would become a subgrantee under part 1627 because the purpose of the emergency grant is to help the recipient rebuild. Under Management's interpretation of parts 1610 and 1627, it would not.

    The Committee accepted Management's recommendation. On April 16, 2012, the Chairman of the Committee presented the Committee's recommendation to initiate rulemaking on parts 1610 and 1627 to the Board of Directors for a vote. Some members of the Board raised concerns that because conflicting interpretations of parts 1610 and 1627 were the impetus for the rulemaking, rulemaking was perhaps an inefficient and inappropriate vehicle for resolving the dispute. Rather than voting on the Committee's recommendation, the Board voted to return the issue to the Committee to determine whether LSC could adopt a particular interpretation of parts 1610 and 1627 through a policy document rather than through rulemaking.

    In response to the Board's instruction, the Committee directed LSC and OIG staff to determine whether LSC had options other than rulemaking to resolve the ambiguity regarding which subawards were covered by part 1627. The Committee met telephonically on June 18, 2012, to discuss the results of the staff deliberations. Both OIG and Management concluded that rulemaking was necessary to ensure that part 1627 reflected Management's concept of subgrants as awards to a third party for carrying out part of an LSC recipient's grant to provide legal services to eligible clients. The Committee concurred, and voted again to recommend that the Board initiate rulemaking to revise the subgrant rule.

    On July 27, 2012, the Chairman of the Committee presented the Committee's recommendation to the Board of Directors. The Board accepted the recommendation and directed LSC staff to develop a draft rule for the Board's consideration, and OIG closed the related recommendation from its report. The rulemaking, however, became a lower priority on the Committee's agenda as a result of two factors. The first was the issuance of LSC's Pro Bono Task Force Report, which led to the extensive rulemaking process to revise part 1614. The second was the need to revise parts 1613 and 1626 to accommodate legislative changes to LSC's authority to provide legal assistance to individuals facing criminal charges in tribal courts and to certain non-citizen victims of violence, respectively. LSC revived the part 1627 rulemaking as a priority item on its 2015-2016 rulemaking agenda.

    On April 12, 2015, the Committee voted to recommend that the Board publish this NPRM in the Federal Register for notice and comment. On April 14, 2015, the Board accepted the Committee's recommendation and approved publication of the NPRM.

    III. Section-by-Section Analysis of Proposed Changes.

    As will be discussed in more detail below, LSC proposes to revise part 1627 to adopt Management's interpretation of the rule as applying only to those subgrants awarded to third parties for the purpose of carrying out legal assistance activities authorized by the recipient's LSC grant. LSC also proposes to transfer § 1610.7, which governs the applicability of the restrictions placed upon acceptance of LSC funds by the LSC Act and § 504 of LSC's fiscal year 1996 appropriations act, to part 1627. Finally, LSC proposes to transfer existing §§ 1627.4, 1627.5, and 1627.7 from part 1627 to part 1630, which governs the allowability and allocability of costs to LSC grants. LSC seeks comments on each of the proposed changes.

    A. Proposed Changes to Part 1627

    § 1627.1 Purpose. LSC proposes to revise this section to state more clearly that part 1627 establishes the requirements for subgrants of LSC funds.

    § 1627.2 Definitions. LSC proposes to alphabetize the definitions for ease of reference. Because LSC is proposing to relocate existing § 1627.4 to part 1630, LSC proposes to remove the definition of membership fees or dues currently located in paragraph (c) of this section.

    § 1627.2(a) Private attorney. LSC proposes to adopt the definition of the term private attorney established by 45 CFR part 1614.

    § 1627.2(b) Programmatic. LSC proposes to define the term programmatic to mean “activities or functions carried out for the purpose of providing legal assistance, as defined in § 1002 of the LSC Act, 42 U.S.C. 2996a(5).” Programmatic activities do not include the provision of goods or services by vendors or consultants that the recipient would not be expected to provide itself.

    LSC proposes defining programmatic to explicitly reference the definition of legal assistance provided in the LSC Act to ensure that Management's interpretation of part 1627 applies. In other words, activities are programmatic only if they are conducted in furtherance of a recipient's grant to provide legal assistance to eligible clients. Activities are not programmatic if they are technical in nature, such as the provision of web development services.

    § 1627.2(c) Recipient. LSC proposes to remove recipients of grants or contracts awarded under section 1006(a)(3) of the LSC Act, 42 U.S.C. 2996e(a)(3), from the definition of recipient. Section 1006(a)(3) of the LSC Act authorizes LSC “to undertake directly, or by grant or contract, the following activities relating to the delivery of legal assistance—research . . . training and technical assistance, and [] to serve as a clearinghouse for information.” 42 U.S.C. 2996e(a)(3). LSC proposes to remove these types of awards from the scope of part 1627 because, as Congress stated, the activities funded through these awards are related to the delivery of legal assistance, but are not themselves an integral part of a recipient's delivery of legal assistance. LSC currently does not make awards under § 1006(a)(3) of the LSC Act; if LSC did, 45 CFR part 1630, LSC's cost standards and procedures, would continue to govern entities receiving such awards.

    § 1627.2(d) Subgrant. LSC proposes to revise the definition of subgrant currently in § 1627.2(b)(2). LSC proposes to adopt a definition that substantially mirrors the definition of subaward contained in the Uniform Grants Guidance (UGG), 2 CFR 200.92, which applies to Federal awards. LSC proposes to revise the definition to make clear that the purpose of the award is to carry out part of the recipient's grant to provide legal assistance and to remove the references to “pass-through entities.” LSC is not bound by the UGG, and does not intend, by adopting this definition, to obligate itself or its recipients to abide by the rules for pass-through entities and subgrantees established by the UGG.

    LSC proposes to retain the exclusion from the definition of subgrant for judicare arrangements or contracts with private attorneys for the direct delivery of legal assistance to recipients' clients. LSC also seeks comment regarding the $25,000 threshold for private attorney involvement (PAI) contracts supported with LSC funds. During the rulemaking to revise part 1614 on PAI, LSC received a comment recommending that LSC increase the threshold from $25,000 to $60,000 to account for inflation since LSC established the $25,000 threshold in 1983. 70 FR 61770, 61780, Oct. 15, 2014. After consideration, LSC determined that it would benefit from receiving additional information before making any adjustments to the threshold. For this reason, LSC specifically requests comments on whether it should amend the $25,000 threshold, on what amount LSC should set as the new threshold, and providing justification for the proposed threshold.

    § 1627.2(e) Subrecipient. LSC proposes to simplify the existing definition of subrecipient currently located at § 1627.2(b)(1). LSC proposes to move relevant portions of the current definition to the definitions of programmatic and subgrant to improve clarity. The revised definition will continue to make clear that a single entity may be a subrecipient with respect to some activities, while not being a subrecipient for other activities it conducts for a recipient.

    § 1627.3 Characteristics of subgrants. LSC proposes to add a new § 1627.3 stating the factors that recipients should consider in determining whether a potential award is a subgrant and requiring recipients to support subgrants using funds, rather than goods or services. LSC proposes to add this section to provide recipients with a framework for determining whether a proposed award to a third party is a subgrant subject to the requirements of this part. This section will make clear that subgrants are awards to third parties that support a recipient's delivery of legal assistance to eligible clients, consistent with Management's interpretation of part 1627.

    The first two paragraphs of proposed § 1627.3 are taken substantially from the UGG, specifically 2 CFR 200.330. Paragraph (a) adopts the language at § 200.330(c), which explains that the listed characteristics are indicative of a subgrant, but need not all be present in order for an award to be considered a subgrant. Paragraph (b) sets forth the characteristics of a subgrant from § 200.330(a), with minor revisions to make clear that the context for subgrant activities and the performance of the subrecipient is the LSC recipient's legal services work.

    In considering whether an award should be a subgrant, the primary question is whether the work the subrecipient is doing essentially substitutes for the recipient's legal services work. The following examples demonstrate whether certain types of awards to third parties meet the characteristics of a subgrant.

    Example 1: An LSC recipient provides an award to another legal services organization to conduct telephone intake and refer cases either to private attorneys for handling or to another organization if the caller is not eligible for LSC-funded legal assistance. This award would properly be considered a subgrant because it meets all five of the characteristics. First, the subrecipient is responsible for determining who is eligible, including whether the person's case is within the recipient's priorities, for legal assistance under the recipient's LSC grant. Second, the subrecipient's performance in referring cases to private attorneys is measured in relation to the recipient's objectives for referring cases to private attorneys in order to meet the requirements of the PAI rule. Third, the subrecipient has responsibility for programmatic decisionmaking because it determines which types of cases it will refer to private attorneys and which it will refer to another provider. Fourth, as it acknowledges in the subgrant agreement, the subrecipient is responsible for adhering to applicable LSC program requirements specified in the award. Finally, the subrecipient will use the LSC funds to carry out legal assistance activities authorized by LSC's governing statutes and regulations, as opposed to providing goods or services for the benefit of the recipient.

    Example 2: An LSC recipient provides an award to a web designer to develop an online portal for clients and other stakeholders to obtain general legal information about particular areas of law, such as divorces and bankruptcies, as well as contact information for the legal services providers in the state. This award would not be a subgrant because it does not have most of the characteristics set forth in § 1627.3(b). The web designer does not determine eligibility to receive legal assistance under the recipient's LSC grant, nor does it have responsibility for programmatic decision making. The designer does not have its performance measured in relation to whether the recipient's objectives for providing legal services are met, and it is not required to adhere to the programmatic requirements set forth in the recipient's award from LSC. With respect to the fifth characteristic—that the subrecipient uses LSC funds to carry out a program for a public purpose specified in LSC's governing statutes and regulations, rather than providing goods or services for the recipient's benefit—there is room for debate about whether the web designer's work is for the public purpose of providing legal information to eligible clients, or is instead technical services provided for the benefit of the recipient. On balance, however, this type of award appears to be considered more appropriately as a procurement contract.

    LSC reminds recipients that awards of LSC funds to third parties that do not meet the characteristics of subgrants, including procurements of services, must meet the applicable requirements of 45 CFR part 1630, as well as the Property Acquisition and Management Manual (PAMM).

    Proposed paragraph (c) states that any award to a third party that is determined to be a subgrant based on an analysis of the factors in paragraph (b) must be supported using LSC funds. LSC has learned that some recipients have entered into agreements with other entities in which the recipients provided goods, including office space and office supplies, in exchange for the other entities' carrying out PAI activities on behalf of the recipient. The recipients in question did not seek prior approval of these agreements because they were exchanges of goods and services, rather than funds; therefore, the recipients did not consider the arrangements to be subgrants subject to the requirements of part 1627.

    As an organization responsible for disbursing and ensuring accountability for the use of appropriated public funds, LSC must be able to determine that any funds it awards are spent consistent with the terms of its governing statutes and regulations. It is difficult to ensure that goods and services, which may be purchased in whole or in part with LSC funds, transferred to a third party are used in a manner consistent with LSC's governing statutes. Ensuring the accountability of LSC-supported resources is particularly crucial when the resources are provided to a third party that conducts restricted activities in addition to the activities that it is carrying out on behalf of an LSC recipient. In order to ensure the proper use of LSC funds by any entity receiving those funds or resources supported by those funds, LSC believes that any arrangement qualifying as a subgrant under § 1627.3(b) must be paid for with actual funds and not with goods or services.

    § 1627.4 Requirements for all subgrants. LSC proposes to transfer existing § 1627.4, prohibiting the use of LSC funds to pay membership fees or dues, to part 1630. LSC proposes this transfer to limit the scope of part 1627 to subgrants and to move a provision pertaining to the allowability of costs to the part of LSC's regulations governing cost standards. To accommodate the inclusion of new § 1627.3, LSC proposes to restructure existing § 1627.3 and redesignate it as § 1627.4. LSC also proposes to revise the text of certain paragraphs to reflect changes to the grant approval process and the resulting changes to the subgrant approval process.

    § 1627.4(a) Corporation approval of subgrants. LSC proposes to revise paragraph (a) to tell recipients how to submit subgrant applications for approval. The process will vary based on the type of grant—Basic Field or special—for which the recipient seeks to award a subgrant, and the time at which the recipient is seeking approval.

    In paragraph (a)(1)(i), LSC proposes that recipients must submit applications for subgrants of Basic Field Grant funds at the same time as recipients submit their proposals for Basic Field Grant funding. This would consolidate the subgrant approval process with the main grant competition process. LSC also proposes to prescribe the format and substance of requests for subgrant approval annually through notice in the Federal Register. Finally, in paragraph (a)(1)(ii), LSC proposes to inform recipients of its decision to approve, disapprove, or suggest modifications to the proposed subgrants prior to or at the same time as it informs recipients of its decision whether to award Basic Field Grant funding.

    In paragraph (a)(2), LSC proposes to formalize in regulation its current process for requesting and approving subgrants in its special grant programs. The application and award processes for special grants proceed on different schedules from the Basic Field Grant application and award process. LSC's special grant programs are all programs outside of Basic Field Grants—which include Basic Field-Migrant and Basic Field-Native American grants. TIG and the Pro Bono Innovation Fund (PBIF) grants are examples of special grants, as are disaster relief grants.

    As described in proposed paragraph (a)(2)(i), recipients currently submit applications for approval of subgrants in special grant programs after LSC has awarded them grants. Because the special grant programs are highly competitive, LSC structured the process this way to avoid making recipients invest significant amounts of time in developing, finalizing, and executing subgrant agreements for projects that ultimately are not funded. To allow for flexibility in the form and substance of subgrant applications for the special grant programs, LSC also proposes in this paragraph to publish the requirements for subgrant applications on its Web site and in the Federal Register on an annual basis.

    In paragraph (a)(2)(ii), LSC proposes to adopt existing § 1627.3(a)(2) in substantial part. LSC proposes to require recipients to submit applications for subgrant approval at least 45 days prior to the start date of the subgrant. LSC will consider and make a decision to approve, disapprove, or suggest modifications to applications for approval. Recipients may resubmit for approval applications to which LSC suggested modifications or that LSC has disapproved. LSC proposes to omit the sentence deeming subgrants approved if LSC fails to make a decision on the subgrant application within the specified period of time. LSC is committed to making timely decisions on recipient requests for subgrant approval and does not believe the current policy is consistent with its responsibility to ensure that recipients spend their LSC funds efficiently and effectively.

    Finally, LSC proposes to establish in § 1627.4(a)(3) a process for the submission and approval of subgrant applications during the grant period for both Basic Field and special grants. LSC recognizes that unanticipated situations, such as the need to terminate and replace an underperforming subrecipient, may cause a recipient to need approval of a subgrant during the grant period. For mid-grant subgrant applications, LSC proposes in paragraph (a)(3)(i) that recipients should submit an application, using the format prescribed by LSC on its Web site and in the Federal Register. Finally, LSC proposes to adopt the 45-day period for submission of applications established in paragraph (a)(2)(ii) of this section.

    LSC proposes conforming changes to existing § 1627.3(a)(3), which will be relocated to § 1627.4(a)(4).

    LSC proposes to remove existing § 1627.3(a)(4), which authorized the extension of subgrants that were being executed at the time part 1627 became effective in 1983. This rule is obsolete and should be removed from part 1627. Finally, LSC proposes to relocate existing § 1627.3(b)(3), which requires recipients to seek Corporation approval of any substantial changes in the scope, objectives, or funding amount of a subgrant, to § 1627.4(a)(5) without change. LSC proposes this change to place all requirements for Corporation approval of subgrant proposals or substantial changes within the same paragraph.

    § 1627.4(b) Duration of subgrant. LSC proposes to revise paragraph (b) to establish the maximum length of subgrant periods. For Basic Field grants, LSC proposes to limit subgrant periods to one year and to require recipients to submit a new application for each subgrant in each year of the Basic Field grant. For special grants, including TIG and PBIF grants, LSC proposes to allow the maximum subgrant period to match the period of the recipient's special grant.

    Recipients of Basic Field grants must either compete for new grants or apply for renewal of their current grants annually. This schedule supports a conclusion that recipient's subgrants should likewise be reviewed annually to ensure that the subgrants comply with LSC's statutes and regulations, and that the subgrants represent an effective and efficient use of the recipient's LSC resources.

    By contrast, special grants are for discrete, time-limited projects that may require recipients to engage the subrecipient for the life of the project in order to secure the subrecipient's participation. Additionally, LSC requires special grant recipients to report more frequently about their progress toward meeting project milestones or objectives. This increased reporting allows LSC to assess whether a recipient's subgrants are performing effectively and efficiently throughout the grant period. Because reporting on the performance of a special grant, including the performance of subrecipients of special grant funds, occurs more frequently than once a year, it is not necessary for LSC to limit the maximum duration of a subgrant awarded as part of a special grant to one year.

    For similar reasons, LSC proposes to treat subgrant funds remaining at the end of the grant year differently. In paragraph (b)(1), LSC proposes to retain the existing language stating that unexpended Basic Field subgrant funds will be considered part of the recipient's available LSC funds. In paragraph (b)(2), LSC proposes to require recipients to return funds remaining on a special grant program subgrant at the end of the grant term to LSC, unless the recipient requests and receives approval from the Corporation to retain such funds. This approach is consistent with the current terms of both the TIG and PBIF grant assurances, which allow recipients to ask LSC for approval to retain any funds that were awarded by LSC to carry out the project, but that were not spent because of lower costs or increased efficiencies in the operation of the project.

    LSC proposes to redesignate existing § 1627.3(b)(2) as § 1627.4(b)(3) with revisions. The most substantive of the proposed revisions deletes the references to termination and denials of refunding as the exclusive events for which recipients should have procedures for the orderly termination of subgrants, and replaces them with general language that subgrants should terminate “in the event that the recipient is no longer an LSC recipient.” LSC proposes adopting the general language to reflect that a recipient's policies governing the orderly termination of subgrants should apply in any instance where the recipient ceases to be an LSC recipient, including termination by LSC, voluntary termination by the recipient, or a failure to receive funding through competition. The other changes LSC proposes are editorial.

    § 1627.4(c) Recipient responsibilities. For ease of reference, LSC proposes to restructure and consolidate the paragraphs of existing § 1627.3 governing the recipient's particular oversight and repayment obligations into a new § 1627.4(c). Proposed paragraphs (c)(1) and (2) adopt the first two sentences of existing § 1627.3(c) regarding recipients' duties to ensure that their subrecipients comply with LSC's financial and audit provisions and to ensure that their subrecipients properly spend, account for, and audit subgrant funds, respectively. LSC proposes to relocate existing § 1627.3(d), which requires a recipient to repay LSC for any disallowed expenditures of LSC funds incurred by a subrecipient, to paragraph (c)(3).

    § 1627.4(d) Accounting of funds. LSC proposes to restructure and consolidate the paragraphs of existing § 1627.3 governing the accounting of subgrant funds into a new § 1627.4(d). This paragraph states that subgrants of LSC funds are subject to the audit and financial requirements of the Audit and Accounting Guide for Recipients and Auditors. LSC proposes to delete the last two sentences in existing § 1627.3(c), which authorize recipients to enter into subgrant agreements that provide for an alternate auditing method. LSC is not aware that this provision has been used and proposes to remove it as unnecessary.

    § 1627.4(e) Oversight. LSC proposes to relocate existing § 1627.3(e) to new § 1627.4(e) with minor editorial changes.

    § 1627.5 Applicability of restrictions, timekeeping, and recipient priorities; private attorney involvement subgrants. LSC proposes to transfer existing § 1627.5, prohibiting the use of LSC funds to make contributions or gifts to other organizations or individuals, to part 1630. LSC proposes this transfer to limit the scope of part 1627 to subgrants and to move another provision pertaining to the allowability of costs to the part of LSC's regulations governing cost standards.

    Additionally, because LSC has considered subgrants and transfers as functionally the same, LSC proposes to transfer 45 CFR 1610.7, the transfer rule, to part 1627 and redesignate it as § 1627.5. The restrictions listed in 45 CFR 1610.2—restrictions established by both the LSC Act and the FY96 appropriations act—will continue to apply to all subgrants. LSC proposes to make only minor edits to paragraphs (a) and (b) for clarity.

    § 1627.5(c) Timekeeping. LSC proposes to move the timekeeping requirement to its own paragraph and revise the requirement itself. Currently, § 1610.7(b)(2) requires only that recipients “maintain records of time spent on each case or matter undertaken with the funds transferred.” In the preamble to the 1997 final rule, LSC tied the timekeeping requirement to the language in Section 504(a)(10)(A) of the FY96 appropriations act, which prohibited LSC funds from being awarded to any person or entity unless “prior to receiving the financial assistance, such person or entity agrees to maintain records of time spent on each case or matter with respect to which the person or entity is engaged.” Sec. 504(a)(10)(A), Pub. L. 104-134, 110 Stat. 1321, 1321-54. LSC stated in the preamble that the rule did not require recipients “to keep time in accordance with the Corporation's timekeeping regulation, 45 CFR part 1635,” but also did not provide guidance to recipients about the level of timekeeping that would be sufficient “to ensure accountability for [the transferred] funds.” 62 FR 27695, 27697, May 21, 1997. To further confuse matters, part 1614 states that “[i]f any direct or indirect time of staff attorneys or paralegals is to be allocated as a cost to PAI, such costs must be documented by time sheets accounting for the time those employees have spent on PAI activities.” 45 CFR 1614.7(a)(1).

    LSC considered multiple options for creating coherent timekeeping requirements for recipients and subrecipients alike. LSC considered leaving the current language in place and adding language describing the minimum requirements for subrecipient timekeeping. Doing so would allow recipients and subrecipients flexibility to develop timekeeping systems that would ensure accountability for expenditures of LSC funds, while minimizing the administrative burden to the subrecipient. LSC also considered making the part 1635 timekeeping requirements applicable to non-PAI subgrants and the part 1614 timekeeping requirements applicable to PAI subgrants. This option would be consistent with the way in which LSC's regulations direct recipients to document time spent on the recipients' non-PAI and PAI activities, respectively.

    LSC ultimately chose to propose a requirement that all subrecipients comply with the part 1635 timekeeping requirements for all LSC-funded subgrant activities. LSC chose this option for three reasons. First, LSC learned that some recipients have interpreted § 1610.7(b)(2) as not requiring subrecipients to keep time records. This interpretation is incorrect. Section 1610.7(b)(2) clearly states that subrecipients “are required to maintain records of time spent on each case or matter undertaken” with LSC funds, although LSC also stated in the preamble to the 1997 final rule for part 1610 that subrecipients did not have “to keep time in accordance with the Corporation's timekeeping regulation, 45 CFR part 1635.” 62 FR 27695, 27697, May 21, 1997. Second, LSC's experience overseeing subgrants over the eighteen years since LSC revised § 1610.7 has given LSC reason to believe that clear timekeeping requirements for subgrants will lead to increased accountability for the use of LSC funds by subrecipients. Finally, LSC believes that having three distinct timekeeping requirements creates unnecessary confusion about which requirements apply to which uses of LSC funds. LSC's proposal will make the timekeeping provisions of parts 1627 and 1635 consistent and will reflect the methods that recipients use to document time charged to their LSC grants.

    LSC understands that some subrecipients may be small organizations that currently do not have, or may find it difficult to develop, the capacity to maintain timekeeping records that comply with part 1635. For that reason, LSC specifically seeks comment on the proposal to require all subrecipients to comply with the timekeeping requirements of part 1635.

    § 1627.5(d) PAI subgrants. LSC proposes to redesignate existing § 1610.7(c) as § 1627.5(d) and to make editorial changes to the paragraph for clarity. LSC also proposes to adopt a new paragraph (d)(2) stating that, with respect to PAI subgrants, all funds that a recipient uses to support the subgrant are deemed to be LSC funds for purposes of the restrictions listed in 45 CFR 1610.2. LSC requires its recipients to expend an amount equal to at least 12.5% of its LSC grant to PAI activities. See 45 CFR 1614.1(a). This language gives recipients discretion about whether they spend entirely LSC funds, entirely non-LSC funds, or some combination of the two, on PAI activities. The reason for the proposed paragraph is to put in the regulation the analysis reflected in AO-2009-1004 that activities carried out as part of a recipient's PAI program, regardless of the source of funds, must be consistent with LSC's governing statutes and regulations. See Advisory Opinion AO-2009-1004, at 3-4, June 19, 2009.

    § 1627.6 Subgrants to other recipients. LSC proposes to make only non-substantive editorial changes to this section.

    § 1627.7 Recipient policies, procedures, and recordkeeping. LSC proposes to transfer existing § 1627.7, regarding recipient payments to tax-sheltered annuities, retirement accounts, and pensions, to part 1630. LSC proposes this transfer to limit the scope of part 1627 to subgrants and to move the final provision in part 1627 pertaining to the allowability of costs to the part of LSC's regulations governing cost standards. LSC proposes to redesignate existing § 1627.8 as § 1627.7 without revision.

    B. Proposed Changes to Part 1610

    § 1610.2 Definitions. LSC proposes to eliminate the term transfer and replace it with the term subgrant, as defined in § 1627.2(d). LSC intended the current definition of transfer to mirror the definition of subgrant, but it does not. The slight differences between the two definitions have caused confusion about whether the terms are coextensive. LSC has treated the terms as functionally equivalent since it enacted § 1610.7 in 1997. LSC's proposed change will eliminate ambiguity by combining the two concepts into one term. The proposed change will not affect the current order of definitions in § 1610.2. If this change becomes final, LSC will need to amend § 1610.8(a)(2) to conform with the change.

    § 1610.7 Transfers of LSC funds. As described more fully above, LSC proposes to transfer this section to part 1627 because it governs the application of the LSC Act and FY96 appropriations act restrictions listed in § 1610.2 to a subrecipient's LSC and non-LSC funds. LSC believes that because § 1610.7 effectively applies to subgrants, it should be located in part 1627 with the rest of the subgrant rules. Should this proposed change become final, LSC will need to redesignate existing §§ 1610.8 and 1610.9 to reflect the removal of § 1610.7.

    C. Proposed Changes to Part 1630

    In the interest of making its regulations easier to use, LSC proposes to limit the scope of part 1627 to provisions applicable to subgrants. Three provisions of part 1627 are not related to subgrants, but instead proscribe the use of LSC funds to pay membership fees or dues (§ 1627.4) or to make contributions to other entities or individuals (§ 1627.5), or allow recipients to make certain benefits contributions on behalf of its employees (§ 1627.7). LSC proposes to transfer these three provisions to part 1630, which establishes LSC's cost standards. LSC proposes to redesignate these provisions as §§ 1630.14-16. LSC does not propose to revise the text of these provisions at this time.

    For the reasons stated in the preamble, the Legal Services Corporation proposes to amend 45 CFR chapter XVI as follows:

    PART 1610—USE OF NON-LSC FUNDS, TRANSFERS OF LSC FUNDS, PROGRAM INTEGRITY 1. The authority citation for part 1610 continues to read as follows: Authority:

    42 U.S.C. 2996i; Pub. L. 104-208, 110 Stat. 3009; Pub. L. 104-134, 110 Stat. 1321; Pub. L. 111-117; 123 Stat. 3034.

    § 1610.7 [Removed]
    2. Remove § 1610.7.
    §§ 1610.8 and 1610.9 [Redesignated as §§ 1610.7 and 1610.8]
    3. Sections 1610.8 and 1610.9 are redesignated as §§ 1610.7 and 1610.8, respectively. PART 1630—COST STANDARDS AND PROCEDURES 4. The authority citation for part 1630 continues to read as follows: Authority:

    5 U.S.C. App. 3, 42 U.S.C. 2996e, 2996f, 2996g, 2996h(c)(1); Pub. L. 105-119, 111 Stat. 2440; Pub. L. 104-134, 110 Stat. 1321.

    PART 1627—SUBGRANTS AND MEMBERSHIP FEES OR DUES 5. The authority citation for part 1627 is revised to read as follows: Authority:

    42 U.S.C. 2996g(e).

    § 1627.4 [Transferred to Part 1630 and Redesignated as § 1630.14]
    6. Section 1627.4 is transferred to part 1630 and redesignated as § 1630.14.
    § 1627.5 [Transferred to Part 1630 and Redesignated as § 1630.15]
    7. Section 1627.5 is transferred to part 1630 and redesignated as § 1630.15.
    § 1627.7 [Transferred to Part 1630 and Redesignated as § 1630.16]
    8. Section 1627.7 is transferred to part 1630 and redesignated as § 1630.16. 9. Revise part 1627 to read as follows: PART 1627—SUBGRANTS Sec. 1627.1 Purpose. 1627.2 Definitions. 1627.3 Characteristics of subgrants. 1627.4 Requirements for all subgrants. 1627.5 Applicability of restrictions, timekeeping, and recipient priorities; private attorney involvement subgrants. 1627.6 Transfers to other recipients. 1627.7 Recipient policies, procedures and recordkeeping. Authority:

    42 U.S.C. 2996g(e).

    § 1627.1 Purpose.

    The purpose of this part is to establish the requirements for subgrants of LSC funds from recipients to third parties to assist in the recipient's provision of legal assistance to eligible clients.

    § 1627.2 Definitions.

    (a) Private attorney has the meaning given that term in 45 CFR 1614.3(i).

    (b) Programmatic means activities or functions carried out to provide legal assistance, as defined in § 1002 of the LSC Act, 42 U.S.C. 2996a(5). Programmatic activities do not include the provision of goods or services by vendors or consultants in the normal course of business that the recipient would not be expected to provide itself.

    (c) Recipient as used in this part means any recipient as defined in section 1002(6) of the Act and any grantee or contractor receiving funds from LSC under section 1006(a)(1)(B) of the Act.

    (d)(1) Subgrant means an award of LSC funds provided by a recipient to a subrecipient for the subrecipient to carry out part of the recipient's programmatic activities.

    (2) Except for judicare arrangements and contracts with private attorneys for the direct delivery of legal assistance under 45 CFR part 1614 that exceed $25,000, subgrant does not include activities that are covered by a fee-for-service arrangement.

    Subrecipient means any entity receiving a subgrant. A single entity may be a subrecipient with respect to some activities it conducts for a recipient while not being a subrecipient with respect to other activities it conducts for a recipient.

    § 1627.3 Characteristics of subgrants.

    (a) In determining whether an agreement between a recipient and another entity should be considered a subgrant or a procurement contract, the substance of the relationship is more important than the form of the agreement. All of the characteristics listed below may not be present in all cases, and the recipient must use judgment in classifying each agreement as a subgrant or a procurement contract.

    (b) An award from a recipient to another entity will be considered a subgrant when the entity:

    (1) Determines who is eligible to receive legal assistance under the recipient's LSC grant;

    (2) Has its performance measured in relation to whether programmatic objectives of the LSC grant were met;

    (3) Has responsibility for programmatic decisionmaking;

    (4) Is responsible for adherence to applicable LSC program requirements specified in the LSC grant award; and

    (5) In accordance with its agreement, uses the LSC funds to carry out a program for a public purpose specified in LSC's governing statutes and regulations, as opposed to providing goods or services for the benefit of the recipient.

    (c) Any award to a third party that is determined to be a subgrant based on an analysis of these factors must be supported using LSC funds. Recipients may not use goods and services paid for in whole or in part with LSC funds as payment for a subgrant.

    § 1627.4 Requirements for all subgrants.

    (a) Corporation approval of subgrants. Recipients must submit all applications for subgrants to LSC in writing for prior written approval.

    (1) Basic Field Grants. (i) Recipients should submit applications for subgrants of Basic Field Grant funds along with the recipient's proposal for funding, including applications for renewals of funding. LSC will publish the requirements concerning the format and contents of the application annually in the Federal Register and on LSC's Web site.

    (ii) LSC will notify a recipient of its decision to approve, disapprove, or suggest modifications to an application for subgrant approval prior to, or at the same time as LSC provides notice of its decision with respect to the applicant's proposal for Basic Field Grant funding.

    (2) Special grants. (i) Recipients of special grants (e.g., Technology Initiative Grants, Pro Bono Innovation Fund grants, disaster assistance grants), should submit their subgrant applications following notification of approval of special grant funds. LSC will publish the requirements concerning the format and contents of the application annually in the Federal Register and on LSC's Web site.

    (ii) A subgrant application must be submitted at least 45 days in advance of its proposed effective date. LSC will notify the recipient in writing of its decision to approve, disapprove, or suggest modifications to the subgrant. A subgrant that is disapproved or to which LSC has suggested modifications may be resubmitted for approval.

    (3) Mid-year subgrant requests. A recipient may apply for prior approval of a subgrant outside of the periods prescribed in paragraphs (a)(1) and (a)(2) of this section as needed. LSC will publish the requirements concerning the format and contents of the application annually in the Federal Register and on LSC's Web site. LSC will follow the time periods prescribed in paragraph (a)(2)(ii) of this section to consider and notify a recipient of its decision to approve, disapprove, or suggest modifications to the subgrant.

    (4) Any subgrant not approved according to paragraphs (a)(1)-(3) of this section will be subject to disallowance and recovery of all funds expended under the subgrant.

    (5) A recipient must obtain LSC approval of any substantial change in the scope or objectives of a subgrant or an increase or decrease in the funding amount of more than 10%. Minor changes in the scope or objectives or changes in funding of less than 10% do not require prior approval, but the recipient must notify LSC of such changes in writing.

    (b) Duration of subgrant. (1) For Basic Field grants, a subgrant may not be for a period longer than one year. All funds unexpended at the end of the subgrant period will be considered part of the recipient's available LSC funds.

    (2) For special grants (e.g., Pro Bono Innovation Fund grants, Technology Initiative Grants, disaster assistance grants), a subgrant may not be for a period longer than the term of the grant. Absent written approval from LSC, all unexpended funds must be returned to LSC at the end of the subgrant period.

    (3) All subgrants must contain provisions for their orderly termination in the event that the recipient is no longer an LSC recipient, and for suspension of activities if the recipient's funding is suspended.

    (c) Recipient responsibilities. (1) Recipients must ensure that subrecipients comply with LSC's financial and audit provisions.

    (2) The recipient must ensure that the subrecipient properly spends, accounts for, and audits funds received through the subgrant.

    (3) The recipient must repay LSC for any disallowed expenditures by a subrecipient. Repayment is required regardless of whether the recipient is able to recover such expenditures from the subrecipient.

    (d) Accounting of funds. Any LSC funds paid by a recipient to a subrecipient through a subgrant are subject to the audit and financial requirements of the Audit Guide for Recipients and Auditors and the Accounting Guide for LSC Recipients. Subgranted funds may be separately disclosed and accounted for, and reported upon in the audited financial statements of a recipient; or such funds may be included in a separate audit report of the subrecipient. The relationship between the recipient and subrecipient will determine the proper method of financial reporting following generally accepted accounting principles.

    (e) Oversight. To ensure subrecipient compliance with the LSC Act, LSC's appropriations statutes, Congressional restrictions having the force of law, and LSC's regulations, guidelines, and instructions, agreements between a recipient and a subrecipient must provide the same oversight rights for LSC with respect to subrecipients as apply to subrecipients.

    § 1627.5 Applicability of restrictions, timekeeping, and recipient priorities; private attorney involvement subgrants.

    (a) Applicability of restrictions. The prohibitions and requirements set forth in 45 CFR part 1610 apply both to the subgrant and to the subrecipient's non-LSC funds, except as modified by paragraphs (b), (c), and (d) of this section.

    (b) Priorities. Subrecipients must either:

    (1) Use the subgrant consistent with the recipient's priorities; or

    (2) Establish their own priorities for the use of the subgrant consistent with 45 CFR part 1620;

    (c) Timekeeping. Subrecipients must comply with 45 CFR part 1635 regarding timekeeping for all LSC-funded subgrant activities.

    (d) PAI subgrant. (1) The prohibitions and requirements set forth in 45 CFR part 1610 apply only to the subgrant, when the subrecipient is a bar association, pro bono program, private attorney or law firm, or other entity that receives a subgrant for the sole purpose of funding private attorney involvement activities (PAI) pursuant to 45 CFR part 1614.

    (2) Any funds used by a recipient as payment for a PAI subgrant are deemed LSC funds for purposes of this paragraph.

    § 1627.6 Subgrants to other recipients.

    (a) The requirements of § 1627.4 apply to all subgrants from one recipient to another recipient.

    (b) The subrecipient must audit any funds provided by the recipient under a subgrant in its annual audit and supply a copy of this audit to the recipient. The recipient must either submit the relevant part of this audit with its next annual audit or, if an audit has been recently submitted, submit it as an addendum to that recently submitted audit.

    (c) In addition to the provisions of § 1627.4(c)(3), LSC may hold the recipient responsible for any disallowed expenditures of subgrant funds. Thus, LSC may recover all of the disallowed costs from either the recipient or the subrecipient or may divide the recovery between the two. LSC's total recovery may not exceed the amount of expenditures disallowed.

    (d) Funds received by a recipient from other recipients in the form of fees and dues shall be accounted for and included in the annual audit of the recipient receiving these funds as LSC funds.

    § 1627.7 Recipient policies, procedures and recordkeeping.

    Each recipient must adopt written policies and procedures to guide its staff in complying with this part and must maintain records sufficient to document the recipient's compliance with this part.

    PART 1630—COST STANDARDS AND PROCEDURES 10. In newly transferred and redesignated § 1630.14, revise the section heading to read as follows:
    § 1630.14 Membership fees or dues.
    11. In newly transferred and redesignated § 1630.15, revise the section heading to read as follows:
    § 1630.15 Contributions.
    12. In newly transferred and redesignated § 1630.16, revise the section heading to read as follows:
    § 1630.16 Tax sheltered annuities, retirement accounts, and pensions.
    Dated: April 14, 2015. Stefanie K. Davis, Assistant General Counsel.
    [FR Doc. 2015-08951 Filed 4-17-15; 8:45 am] BILLING CODE 7050-01-P
    LEGAL SERVICES CORPORATION 45 CFR Part 1628 Recipient Fund Balances AGENCY:

    Legal Services Corporation.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    This proposed rule would revise the Legal Services Corporation (LSC or Corporation) regulation on recipient fund balances to provide the Corporation with more discretion to grant a recipient's request for a waiver to retain a fund balance in excess of 25% of its annual LSC support. This proposed rule would also provide that recipients that face extraordinary and compelling circumstances may submit a waiver request to retain a fund balance in excess of 25% of their annual LSC support prior to the submission of their annual audited financial statements.

    DATE:

    Comments must be submitted by May 20, 2015.

    ADDRESSES:

    You may submit comments by any of the following methods:

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

    Email: [email protected] Include “Comments on Revisions to Part 1628” in the subject line of the message.

    Fax: (202) 337-6519, ATTN: Part 1628 Rulemaking.

    Mail: Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW., Washington, DC 20007, ATTN: Part 1628 Rulemaking.

    Hand Delivery/Courier: Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW., Washington, DC 20007, ATTN: Part 1628 Rulemaking.

    Instructions: Electronic submissions are preferred via email with attachments in Acrobat PDF format. Written comments sent to any other address or received after the end of the comment period may not be considered by LSC.

    FOR FURTHER INFORMATION CONTACT:

    Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW., Washington, DC 20007; (202) 295-1563 (phone), (202) 337-6519 (fax), or [email protected]

    SUPPLEMENTARY INFORMATION: I. Regulatory Background

    LSC issued its first instruction on recipient fund balances in 1983 to implement what is now the Corporation's longstanding objective of ensuring the timely expenditure of LSC funds for the effective and economical provision of high quality legal assistance to eligible clients. 48 FR 560, 561, Jan. 5, 1983. Later that year, LSC published a redrafted version titled Instruction 83-4, Recipient Fund Balances (“Instruction”). 48 FR 49710, 49711, Oct. 27, 1983. The Instruction limited the ability of recipients to carry over LSC funds that remained unused at the end of the fiscal year. Id. Specifically, the Instruction provided that, in the absence of a waiver granted by the Corporation, a recipient's end-of-year fund balance in excess of 10% of its total annual LSC support must be repaid to LSC. Id. The Instruction also prohibited a recipient from ever retaining a fund balance in excess of 25% of its annual support, thereby limiting the Corporation's waiver granting authority to fund balance amounts of 25% or less of a recipient's annual support. Id.

    In 1984, LSC substantially adopted the Instruction in a regulation published at 45 CFR part 1628. 49 FR 21331, May 21, 1984. Part 1628 remained unchanged until 2000, when LSC promulgated revisions in response to public comments and staff advice indicating that the rule was “more strict” than the fund balance requirements of most federal agencies. 65 FR 66637, 66638, Nov. 7, 2000. The revisions provided the Corporation with more discretion to grant a recipient's request for a waiver to retain a fund balance of up to 25% of its annual support. Id. at 66637. In addition, for the first time, the rule authorized the Corporation to exercise its discretion to grant a recipient's request for a waiver to retain a fund balance in excess of 25% of its annual support. Id. The Corporation reasoned that, by allowing for waivers to retain that amount, “[t]he recipient can better plan and find the best use for the funds, rather than being forced into a hasty expenditure simply to avoid the limitation on the carryover of fund balances.” Id. at 66640. The rule, however, limited the situations justifying a recipient's request to retain more than 25% of its annual support to “three specific circumstances when extraordinary and compelling reasons exist for such a waiver,” currently listed in § 1628.3(c). Id. at 66638. These extraordinary and compelling circumstances were restricted to the following situations when a recipient received income derived from its use of LSC funds: “(1) An insurance reimbursement; (2) the sale of real property; and (3) the receipt of monies from a lawsuit in which the recipient was a party.” Id. at 66639. Although the Operations and Regulations Committee (Committee) “considered using a standard of `extraordinary and compelling' for these waivers with the three specific circumstances discussed as examples,” it ultimately decided “that more guidance was required to avoid erosion of the standard,” and the three circumstances became exclusive limitations, not mere examples. Id. at 66640. The LSC Board of Directors (Board) adopted the revisions to part 1628 on November 20, 1999, and the revised rule has been in effect since December 7, 2000. Id. at 66637-38.

    On April 12, 2015, the Committee voted to recommend that the Board publish this NPRM in the Federal Register for notice and comment. On April 14, 2015, the Board accepted the Committee's recommendation and voted to approve publication of this NPRM.

    II. LSC Consideration of Potential Revisions to Part 1628

    During the nearly 15-year period since part 1628 was last revised, LSC grantees have experienced various unexpected occurrences outside of those listed in § 1628.3(c) that caused them to accrue fund balances in excess of 25% of their annual support. These occurrences have included an end-of-year transfer of assets from a former grantee to a current grantee, a natural disaster that resulted in a significant infusion of use-or-lose disaster relief funds from non-LSC sources, and receipt of a large attorneys' fees award in an LSC-funded case near the end of the fiscal year. In each of these situations, LSC determined that part 1628 currently prevents some recipients with legitimate reasons for having fund balances exceeding 25% of their annual LSC support from seeking and obtaining needed waivers.

    On January 22, 2015, LSC staff presented the Committee with a proposal to consider revising part 1628 to address the difficulties faced by recipients that encounter these types of occurrences, yet are unable to justify a waiver request to retain a balance in excess of 25% of their annual support under the current standards. The Committee authorized LSC management to add the matter to the Committee's rulemaking agenda so that it may address this issue. In addition, the Committee requested that LSC consider whether the rule's 10% and 25% caps on fund balance carryovers are still appropriate in light of the most recently available data on recipient waiver requests.

    LSC first considered revising part 1628 to allow recipients to request, and the Corporation to grant, waivers to retain fund balances in excess of 25% of annual support in extraordinary and compelling circumstances not covered by the current rule. Current § 1628.3(c) is limited to three circumstances where a recipient receives an infusion of derivative income, or income derived from the recipient's use of LSC funds. As discussed above, however, recent situations have included the sudden infusion of non-derivative, use-or-lose income under other circumstances that significantly disrupted grantee expenditure plans. As a result, LSC staff determined that the list of extraordinary and compelling circumstances in § 1628.3(c) should be illustrative, rather than limited, so that recipients that encounter truly unforeseeable scenarios can avoid having to make the difficult choice between returning large portions of unused balances and hurriedly spending funds before the end of the fiscal year. LSC staff similarly determined that such circumstances should include situations where a grantee is incapable of expending its existing LSC funds as originally planned due to a natural disaster or other catastrophic event, as opposed to only situations where new income is received. Therefore, the Corporation proposes providing an illustrative list of extraordinary and compelling circumstances justifying waivers to retain a fund balance in excess of 25% of a recipient's annual support. LSC believes that this proposed revision will allow grantees to devise more organized and efficient spending plans when faced with unexpected events that are not listed in current § 1628.3(c). Providing recipients with sufficient time to plan for the expenditure of unused funds in excess of 25% of their annual support would also advance the Corporation's policy of ensuring effective and economical provision of high quality legal assistance to eligible clients.

    LSC next considered revising part 1628 to provide that a recipient may submit a waiver request prior to submitting its annual audited financial statements. Section 1628.4(a) currently provides that a recipient may request a waiver within 30 days of the submission of its annual audited financial statements. The preamble to the 2000 rule, however, states that “[t]his rule does not preclude the recipient's request for a Corporation action on a waiver prior to the close of the fiscal year, it simply does not require the Corporation to provide for advance approval.” 65 FR 66637, 66640, Nov. 7, 2000. LSC staff determined that incorporating the current preamble language on permitting waiver requests prior to the close of the fiscal year into the regulatory text of part 1628 would benefit grantees by allowing them to seek assurance that they will not have to return or spend a large portion of excess LSC funds by the end of the fiscal year, thereby enabling them to plan for the following fiscal year with greater certainty.

    LSC staff also found that limiting early approvals to requests for waivers to retain balances in excess of 25% of annual support would be proper in light of the unique and significant burdens on financial planning faced by recipients that experience extraordinary and compelling circumstances. In addition, because a recipient's estimate of the fund balance it anticipates accruing by the end of the fiscal year may end up being higher or lower than the recipient's actual fund balance at the time it submits its audited financial statements, LSC staff determined that recipients that receive approval of a waiver request prior to submitting their audited financial statements must submit updated information consistent with the requirements of § 1628.4(a) after the submission of their audited financial statements. Accordingly, an advance approval would be, in effect, an approval of the reasons for a waiver and of the proposed amount to be retained, but the recipient must later provide confirmation of the actual amount of excess funds it has accrued. LSC therefore proposes revising the rule to provide that recipients that face extraordinary and compelling circumstances may submit a waiver request to retain a fund balance in excess of 25% of their annual support prior to the submission of their annual audited financial statements, and that the Corporation may, in its discretion, grant approval of such requests pending confirmation of the actual amount to be retained once the audited financial statements are finalized.

    The Corporation also considered revising part 1628 to require LSC management to provide notice to the Board of any decision to grant a waiver in excess of 25% of a recipient's annual support. LSC is retaining the “extraordinary and compelling circumstances” standard for granting such waivers, and anticipates that recipients will continue to seek such waivers only in circumstances where they experience extreme events that prevent them from expending more than 25% of their annual LSC support. Furthermore, the granting of LSC funding and exercising discretion with regard to carryover, suspension or termination of such funding has been and should remain a management, not a Board, function. The Corporation will continue to exercise its discretion with the same good faith and fidelity to the objective of ensuring the timely expenditure of LSC funds as it has done since part 1628 was last revised in 2000. Therefore, LSC proposes to retain its current policy of leaving discretion to grant waivers to retain excess recipient fund balances with LSC management.

    Finally, pursuant to the Committee's request, LSC considered whether the rule's 10% and 25% caps on fund balance carryover amounts should be adjusted in accordance with recent trends in waiver requests. LSC's Office of Compliance and Enforcement (OCE) provided LSC staff with statistics on all waiver requests that have been submitted to the Corporation over the last six years. After analyzing the data, LSC decided as a policy matter that the respective percentage caps are set at the appropriate levels. According to the statistics, the average annual number of waiver requests to retain a fund balance that exceeds 10% of a recipient's LSC support is easily manageable by OCE. Furthermore, waiver requests to retain a balance in excess of 25% of LSC support are exceedingly rare, and the Corporation does not expect a significantly greater number of such requests if the proposed revisions to part 1628 are adopted. LSC believes that the current percentage caps on carryover amounts are necessary to ensure that recipients are spending their grants on providing legal services, while offering an appropriate amount of flexibility to retain unused fund balances. The Corporation therefore proposes retaining the current percentage cap amounts, but requests comments on whether to change them.

    III. Discussion of the Proposed Changes § 1628.3 Policy

    LSC proposes to revise § 1628.3(c) to eliminate the language limiting the extraordinary and compelling circumstances in which LSC may grant a recipient's request for a waiver to retain a fund balance that exceeds 25% of its annual LSC support. Whereas existing § 1628.3(c) is limited to three circumstances where a recipient receives a sudden infusion of income, the proposed section expands the types of situations that the Corporation, in its discretion, may consider to be extraordinary and compelling circumstances. The proposed section adds the example of a natural disaster to illustrate a situation where a recipient would be unable to expend its current LSC grant for reasons other than the receipt of new funds. The proposed section also adds the example of “a payment from an LSC-funded lawsuit, regardless of whether the recipient was a party to the lawsuit.” This revision makes clear that a recipient may request a waiver to retain a fund balance in excess of 25% of its annual support when it receives an award as the result of a court decision in an LSC-funded case, even if the recipient was not named as a party to the action.

    LSC also proposes to make a minor revision to § 1628.3(d) to reflect the proposed redesignation of certain paragraphs in § 1628.4.

    § 1628.4 Procedures

    LSC proposes to add a new § 1628.4(d) to expressly allow recipients that face extraordinary and compelling circumstances to submit a waiver request to retain a fund balance in excess of 25% of their annual support prior to the submission of their annual audited financial statements. This addition will require existing § 1628.4(d), (e), (f), and (g) to be redesignated to § 1628.4(e), (f), (g), and (h).

    The proposed new § 1628.4(d) will list the written requirements for a waiver request to retain a fund balance in excess of 25% of annual support. These requirements vary from the ones listed in § 1628.4(a), which apply only to requests made within 30 days after the submission of a recipient's annual audited financial statements. There are two reasons for the variation. First, because the annual audited financial statement of a recipient requesting an early waiver approval would not yet be available to the Corporation, recipients can provide only an estimate of the fund balance they anticipate to accrue by the time their statements are submitted. Second, because a recipient may submit a waiver request either before or after the close of the fiscal year, the proposed section will require recipients to provide a “plan for disposing of the excess fund balance,” as opposed to a plan for the “current fiscal year” as required by § 1628.4(a). Additionally, proposed § 1628.4(d) requires recipients receiving approval to later submit updated information consistent with the requirements of paragraph (a) to confirm the actual fund balance amount to be retained by the recipient, as determined by reference to its annual audited financial statements.

    Finally, LSC proposes to revise the introductory text of paragraph (a), as well as paragraphs (a)(2) and (3), for clarity and readability.

    List of Subjects in 45 CFR Part 1628

    Administrative practice and procedure, Grant programs—law, Legal services.

    For the reasons set forth in the preamble, the Legal Services Corporation proposes to revise 45 CFR part 1628 as follows:

    PART 1628—RECIPIENT FUND BALANCES 1. The authority citation for part 1628 is revised to read as follows: Authority:

    42 U.S.C. 2996g(e).

    2. Revise paragraphs (c) and (d) of § 1628.3 to read as follows:
    § 1628.3 Policy

    (c) Recipients may request a waiver to retain a fund balance in excess of 25% of a recipient's LSC support only for extraordinary and compelling circumstances, such as when a natural disaster or other catastrophic event prevents the timely expenditure of LSC funds, or when the recipient receives an insurance reimbursement, the proceeds from the sale of real property, a payment from a lawsuit in which the recipient was a party, or a payment from an LSC-funded lawsuit, regardless of whether the recipient was a party to the lawsuit.

    (d) A waiver pursuant to paragraph (b) or (c) of this section may be granted at the discretion of the Corporation pursuant to the criteria set out in § 1628.4(e).

    3. Amend § 1628.4 as follows: a. Revise paragraph (a) introductory text and paragraphs (a)(2) and (3); b. Redesignate paragraphs (d) through (g) as paragraphs (e) through (h); and c. Add new paragraph (d).

    The revisions and additions read as follows:

    § 1628.4 Procedures

    (a) A recipient may request a waiver of the 10% ceiling on LSC fund balances within 30 days after the submission to LSC of its annual audited financial statements. The request shall specify:

    (2) The reason(s) for the excess fund balance;

    (3) The recipient's plan for disposing of the excess fund balance during the current fiscal year;\

    (d) A recipient may submit a waiver request to retain a fund balance in excess of 25% of its LSC support prior to the submission of its audited financial statements. The Corporation may, at its discretion, provide approval in writing. The request shall specify the extraordinary and compelling circumstances justifying the fund balance in excess of 25%; the estimated fund balance that the recipient anticipates it will accrue by the time of the submission of its audited financial statements; and the recipient's plan for disposing of the excess fund balance. Upon the submission of its annual audited financial statements, the recipient must submit updated information consistent with the requirements of paragraph (a) of this section to confirm the actual fund balance to be retained.

    Dated: April 14, 2015. Stefanie K. Davis, Assistant General Counsel.
    [FR Doc. 2015-08948 Filed 4-17-15; 8:45 am] BILLING CODE 7050-01-P
    80 75 Monday, April 20, 2015 Notices CENTRAL INTELLIGENCE AGENCY Notice of Decennial Review of Operational Files Designations AGENCY:

    Central Intelligence Agency.

    Authority:

    50 U.S.C 3141

    SUMMARY:

    The Central Intelligence Agency (CIA or Agency) is soliciting comments regarding the historical value of, or other public interest in, the CIA files designated by the Director of the Central Intelligence Agency (DCIA) pursuant to the CIA Information Act of 1984.

    DATES:

    Comments must be received by 1 May 2015.

    ADDRESSES:

    Submit comments in writing to Joseph W. Lambert, Director, Information Management Services, Central Intelligence Agency, Washington, DC 20505, or by fax to (703) 613-3020.

    FOR FURTHER INFORMATION CONTACT:

    Joseph W. Lambert, Director, Information Management Services, Central Intelligence Agency, telephone 703-613-1379.

    Text

    The CIA Information Act of 1984, codified in section 3141 of title 50 of the United States Code, authorizes the DCIA to exempt operational files of the CIA from the publication, disclosure, search, and review provisions of the Freedom of Information Act. The statute defines operational files as:

    1. Files of the National Clandestine Service that document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services;

    2. Files of the Directorate of Science and Technology that document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems; and

    3. Files of the Office of Security that document investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources; except that files that are the sole repository of disseminated intelligence are not operational files.

    The CIA Information Act of 1984 requires that, not less than once every ten years, the DCIA shall review the exemptions in force to determine whether such exemptions may be removed from any category of exempted files or any portion thereof. The last review was completed in April 2005. The following represents a summary of the general categories of operational files that have been maintained within the National Clandestine Service, the Directorate of Science and Technology, and the Office of Security since the first decennial review:

    1. Files of the National Clandestine Service that document the intelligence sources and methods associated with various operational and foreign liaison activities, that document the conduct and management of various operational and foreign liaison activities, and that document the assessment of the viability of potential operational and foreign liaison activities and potential intelligence sources and methods;

    2. Files of the Directorate of Science and Technology that document the use of scientific and technical systems in the conduct of and in support of various operational and intelligence collection activities;

    3. Files of the Office of Security that document various aspects of the investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources proposed for use in various operational activities.

    The CIA is in the process of conducting the 2015 decennial review of its operational files to determine whether any of the previously designated files, or portions thereof, can be removed from any of the specified categories of exempted files. The CIA Information Act of 1984 requires that the decennial review “include consideration of the historical value or other public interest in the subject matter of the particular category of files or portions thereof and the potential for declassifying a significant part of the information contained therein.” In accordance with this requirement, the CIA hereby solicits comments for the DCIA's consideration during the decennial review of the CIA's operational files regarding the historical value of, or other public interest in, the subject matter of these particular categories of files or portions thereof described above and the relationship of that historical value or other public interest to the removal of previously designated files or any portions thereof from such a classification.

    Dated: April 15, 2015. Joseph W. Lambert, Director, Information Management Services, CIA.
    [FR Doc. 2015-09022 Filed 4-17-15; 8:45 am] BILLING CODE 6310-02-P
    DEPARTMENT OF COMMERCE Economic Development Administration Proposed Information Collection; Comment Request; Application for Investment Assistance AGENCY:

    Economic Development Administration.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The purpose of this notice is to allow for 60 days of public comment. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget (OMB) approval of this information collection; they also will become a matter of public record.

    DATES:

    Written comments must be submitted on or before June 19, 2015.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via email at [email protected] doc.gov).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Kerstin Millius, Senior Program Analyst, Performance and National Programs Division, Room 71030, Economic Development Administration, 14th and Constitution Avenue NW., Washington, DC 20230, (or via email at [email protected] eda.gov).

    SUPPLEMENTARY INFORMATION: I. Abstract

    The mission of the Economic Development Administration (EDA) is to lead the Federal economic agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy. In order to effectively administer and monitor its economic development assistance programs, EDA collects certain information from applications for, and recipients of, EDA investment assistance. This 60-day Federal Register Notice covers changes to EDA's existing Application for Investment Assistance.

    EDA is currently undergoing a comprehensive review and improvement effort for its grants cycle process. Using staff input and results from EDA's 2014 Customer Service survey, EDA has reimagined its grants application process from the ground up, making significant improvements for both stakeholders and staff. As part of this process, EDA is making changes to its forms to address the following concerns:

    • Confusion among applicants regarding which sections of the ED-900 needed to be completed for the program they were applying for;

    • Undue burden on applicants to complete the application form for projects that were not likely to be funded;

    • Outdated links to external sources;

    • Unnecessary waste of paper and ink when a complete form was printed, since sections that may not be required for a particular program were printed along with those that were required.

    In order to address these concerns, EDA is dividing the ED-900 into a suite of smaller forms that can be mixed and matched to fit the needs of different program solicitations on Grants.gov. This will ensure that applicants only see the information they are required to provide in order to apply and eliminate the unnecessary waste of paper and ink resources. In addition, EDA has developed a new “Proposal” form, which will allow applicants to submit significantly less information to EDA in order to get a better understanding of the potential competitiveness of their application. The following is a crosswalk of the currently approved ED-900 with the proposed new forms:

    Proposed new form Content of the form Relevant sections of the existing ED-900 ED-900—General Application for EDA Programs Questions that pertain to all EDA programs, including Project Narrative questions (geographic coverage, scope of work, potential impacts), budget narrative, and eligibility questions Sections A, B, C, D, E, K. ED-900A—Additional EDA Assurances for Construction Or Non-Construction Investments Specific assurances that applicants need to provide in order to apply for EDA funding Exhibits B, C, and D. ED-900B—Beneficiary Information Form Specific assurances required from beneficiaries of EDA funding, including documentation of estimated jobs and private investment resulting from the EDA project Exhibit A. ED-900C—EDA Application Supplement for Construction Programs Information required from construction applicants as part of a full application after the proposal has been approved Section M, except questions included in the ED-900P Proposal Form. ED-900D—Requirements for Design and Engineering Assistance Information required from design/engineering applicants as part of a full application after the proposal has been approved Section N. ED-900E—Calculation of Estimated Relocation and Acquisition Expenses Provides detailed breakdown of the estimated total for line item 3 (“relocation expenses and payments”) of Form SF-424C, 'Budget Information'—Construction Programs to comply with the Uniform Relocation Act Exhibit E. ED-900F—Supplement for Revolving Loan Fund Applications Information required to evaluate the competitiveness of a revolving loan fund application Section L. ED-900P—Proposal for EDA Assistance New general questions to allow applicants to give a broad overview of their proposed project/scope of work For all applicants, new questions not contained in the ED-900. For construction applicants only, portions of section M not covered in the ED-900C Construction Form. Environmental Narrative Requirements and Appendix A: Applicant Certification Clause Template to guide the applicant through the development of an environmental narrative that satisfies the requirements of the National Environmental Policy Act (NEPA) Referenced in section M.8, with separate documents posted on EDA's website. The new forms are required to apply for EDA investment assistance under EDA's Public Works, Economic Adjustment, Technical Assistance, Research, and Planning programs. This collection of information is required to ensure that applications meet the requirements for EDA assistance set out in EDA's regulations at 13 CFR Chapter III. II. Method of Collection

    Paper and electronic submissions.

    III. Data

    OMB Control Number: 0610-0094.

    Form Number(s): ED-900, ED-900A, ED-900B, ED-900C, ED-900D, ED-900E, ED-900F, ED-900P.

    Type of Review: Regular submission; Revision of a currently approved collection.

    Affected Public: Not-for-profit institutions; Federal government; State, local, or tribal government; Business or other for-profit organizations.

    Estimated Number of Respondents: 1672.

    Estimated Time Per Response: 13 hours, 28 minutes

    Estimated Total Annual Burden Hours: 22,512.

    Estimated Total Annual Cost to Public: $0.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Dated: April 16, 2015. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2015-09181 Filed 4-20-15; 8:45 am] BILLING CODE 3510-34-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-570-021] Melamine From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination AGENCY:

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

    SUMMARY:

    The Department of Commerce (“Department”) preliminarily determines that countervailable subsidies are being provided to producers/exporters of melamine from the People's Republic of China (“PRC”). The period of investigation is January 1, 2013, through December 31, 2013. Interested parties are invited to comment on this preliminary determination.

    DATES:

    Effective Date: April 20, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Eve Wang or Andrew Medley, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6231 and (202) 482-4987, respectively.

    SUPPLEMENTARY INFORMATION: Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination

    The Department published its notice of initiation of this countervailing duty (“CVD”) investigation on December 9, 2014; on the same day, the Department published its notice of initiation of an antidumping duty (“AD”) investigation of melamine from the PRC.1 The CVD and AD investigations cover the same merchandise. On April 1, 2015, in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (“the Act”), Cornerstone Chemical Company (“Petitioner”) requested alignment of the final CVD determination with the final AD determination of melamine from the PRC.2 Therefore, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning the final CVD determination with the final AD determination. Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than August 24, 2015, unless postponed.

    1See Melamine From the People's Republic of China and Trinidad and Tobago: Initiation of Countervailing Duty Investigations, 79 FR 73030 (December 9, 2014). See also Melamine From the People's Republic of China and Trinidad and Tobago: Initiation of Less-Than-Fair-Value Investigations, 79 FR 73037 (December 9, 2014).

    2See Letter from Petitioner entitled “Melamine From The People's Republic of China And The Republic of Trinidad And Tobago/Request For Alignment,” dated April 1, 2015.

    Scope of the Investigation

    The product covered by this investigation is melamine from the PRC. For a complete description of the scope of the investigation, see Appendix 1 to this notice.

    Methodology

    The Department is conducting this CVD investigation in accordance with section 701 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum.3 The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”).4 ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Department's Central Records Unit, located at room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content.

    3See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, From Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, titled “Decision Memorandum for Preliminary Determination of Countervailing Duty Investigation: Melamine from the People's Republic of China,” dated concurrently with this notice (“Preliminary Decision Memorandum”).

    4 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).

    For this preliminary determination, we relied on facts available pursuant to section 776(a) of the Act because the Government of the PRC and the five companies selected for individual examination—i.e., the mandatory respondents: Far-Reaching Chemical Co., Ltd. (“Far-Reaching Chemical”), Zhongyuan Dahua Group Co., Ltd. (“Zhongyuan Dahua”), Qingdao Unichem International Trade Co., Ltd. (“Qingdao Unichem”), M and A Chemicals Corp China (“M&A Chemicals”), and Shandong Liaherd Chemical Industry Co., Ltd. (“Shandong Liaherd”). failed to provide information requested by the Department and, by refusing to participate as respondents, significantly impeded the investigation.5 Further, because they failed to cooperate by not acting to the best of their ability to respond to the Department's requests for necessary information, pursuant to section 776(b) of the Act, in selecting from among the facts otherwise available, we have drawn an adverse inference. Specifically, the Department applied an adverse inference to find that the programs on which the Department initiated this investigation and the programs which the Department subsequently included in this investigation pursuant to allegations made by Petitioner,6 are countervailable. Further, the Department applied an adverse inference in its calculation of the ad valorem estimated countervailable subsidy rate for Far-Reaching Chemical, Zhongyuan Dahua, Qingidau Unichem, M&A Chemicals, and Shandong Liaherd. For further information, see “Use of Facts Otherwise Available and Adverse Inferences” section in the Preliminary Decision Memorandum.

    5See sections 776(a)(2)(A) and (C) of the Act.

    6See the Department's memorandum entitled “Countervailing Duty Investigation on Melamine from the People's Republic of China: January 27, 2015 New Subsidy Allegations,” dated March 25, 2015.

    Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we calculated estimated subsidy rates for each individually examined producer/exporter of the subject merchandise: Far-Reaching Chemical, Zhongyuan Dahua, Qingidau Unichem, M&A Chemicals, and Shandong Liaherd.

    In accordance with sections 703(d)(1)(A)(i) and 705(c)(5)(A) of the Act, for companies not individually examined, we calculated an “all-others” rate by weighting the subsidy rates of the individual companies selected as respondents by those companies' exports of the subject merchandise to the United States, not including zero and de minimis rates or any rates based solely on facts available. With respect to the all-others rate, section 705(c)(5)(A)(ii) of the Act provides that, if the countervailable subsidy rates established for all exporters and producers individually investigated are determined entirely in accordance with section 776 of the Act, the Department may use any reasonable method to establish an all-others rate for exporters and producers not individuallyexamined. In this case, the countervailable subsidy rate calculated for each of the investigated companies is based entirely on facts available under section 776 of the Act. There is no other information on the record upon which to determine an all-others rate. As a result, we assigned the simple average of the five rates assigned for Far-Reaching Chemical, Zhongyuan Dahua, Qingidau Unichem, M&A Chemicals, and Shandong Liaherd as the all-others rate. This method is consistent with the Department's past practice.7

    7See, e.g., Carbon and Certain Alloy Steel Wire Rod From the People's Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, 79 FR 68858 (November 19, 2014); see also Calcium Hypochlorite From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 79 FR 74064 (December 15, 2014).

    We preliminarily determine the countervailable subsidy rates to be:

    Company Subsidy Rate
  • (percent)
  • Far-Reaching Chemical Co., Ltd. 147.62 M and A Chemicals Corp China 147.62 Qingdao Unichem International Trade Co., Ltd. 147.62 Shandong Liaherd Chemical Industry Co., Ltd. 150.52 Zhongyuan Dahua Group Co., Ltd. 147.62 All Others 148.20

    In accordance with sections 703(d)(1)(B) and (2) of the Act, we are directing U.S. Customs and Border Protection to suspend liquidation of all entries of melamine from the PRC that are entered, or withdrawn from warehouse, for consumption on or after the date of the publication of this notice in the Federal Register, and to require a cash deposit for such entries of merchandise in the amounts indicated above.

    Disclosure and Public Comment

    Because the Department has reached its conclusions on the basis of adverse facts available, the calculations performed in connection with this preliminary determination are not proprietary in nature, and are described in the Preliminary Decision Memorandum. Interested parties may submit case and rebuttal briefs, as well as request a hearing.8 For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Decision Memorandum.

    8See 19 CFR 351.309(c)-(d) and 19 CFR 351.310(c).

    U.S. International Trade Commission (“ITC”) Notification

    In accordance with section 703(f) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order, without the written consent of the Assistant Secretary for Enforcement and Compliance.

    In accordance with section 705(b)(2) of the Act, if our final determination is affirmative, the ITC will make its final determination within 45 days after the Department makes its final determination.

    This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: April 13, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix 1 Scope of the Investigation

    The merchandise subject to this investigation is melamine (Chemical Abstracts Service (“CAS”) registry number 108-78-01, molecular formula C3H6N6).9 Melamine is a crystalline powder or granule typically (but not exclusively) used to manufacture melamine formaldehyde resins. All melamine is covered by the scope of this investigation irrespective of purity, particle size, or physical form. Melamine that has been blended with other products is included within this scope when such blends include constituent parts that have been intermingled, but that have not been chemically reacted with each other to produce a different product. For such blends, only the melamine component of the mixture is covered by the scope of this investigation. Melamine that is otherwise subject to this investigation is not excluded when commingled with melamine from sources not subject to this investigation. Only the subject component of such commingled products is covered by the scope of this investigation.

    9 Melamine is also known as 2,4,6-triamino-s-triazine; l,3,5-Triazine-2,4,6-triamine; Cyanurotriamide; Cyanurotriamine; Cyanuramide; and by various brand names.

    The subject merchandise is provided for in subheading 2933.61.0000 of the Harmonized Tariff Schedule of the United States (“HTSUS”). Although the HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope is dispositive.

    Appendix 2 List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope Comments 4. Scope of the Investigation 5. Respondent Selection 6. Voluntary Respondent Treatment 7. Injury Test 8. Application of the Countervailing Duty Law to Imports from the PRC 9. Use of Facts Otherwise Available and Adverse Inferences 10. ITC Notification 11. Disclosure and Public Comment 12. Conclusion
    [FR Doc. 2015-09004 Filed 4-17-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-274-807] Melamine From Trinidad and Tobago: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to a producer and exporter of melamine from Trinidad and Tobago. The period of investigation is January 1, 2013, through December 31, 2013. Interested parties are invited to comment on this preliminary determination.

    DATES:

    Effective date April 20, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Kristen Johnson or Patricia Tran, Office III, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4793 and (202) 482-1503, respectively.

    Alignment of Final Countervailing Duty (CVD) Determination With Final Antidumping Duty (AD) Determination

    On the same day that the Department initiated this CVD investigation, the Department also initiated a CVD investigation of melamine from the People's Republic of China (PRC) and AD investigations of melamine from the PRC and Trinidad and Tobago.1 The AD and CVD investigations cover the same merchandise. On April 1, 2015, in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.210(b)(4)(i), Cornerstone Chemical Company (Petitioner) requested alignment of the final CVD determination with the final AD determination of melamine from Trinidad and Tobago.2 Therefore, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4)(i), we are aligning the final CVD determination with the final AD determination. Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than August 24, 2015, unless postponed.

    1See Melamine from the People's Republic of China and Trinidad and Tobago: Initiation of Countervailing Duty Investigations, 79 FR 73030 (December 9, 2014); and Melamine from the People's Republic of China and Trinidad and Tobago: Initiation of Less-Than-Fair-Value Investigations, 79 FR 73037 (December 9, 2014).

    2See Letter from Petitioner regarding “Request for Alignment” (April 1, 2015).

    Scope of the Investigation

    The product covered by this investigation is melamine from Trinidad and Tobago. For a complete description of the scope of the investigation, see Appendix 1 to this notice.

    Methodology

    The Department is conducting this CVD investigation in accordance with section 701 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Issues and Decision Memorandum.3 The Preliminary Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).4 ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Issues and Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Issues and Decision Memorandum and the electronic version of the Preliminary Issues and Decision Memorandum are identical in content.

    3See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance regarding “Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Melamine from Trinidad and Tobago,” dated concurrently with this notice (Preliminary Issues and Decision Memorandum).

    4 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).

    Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we calculated a subsidy rate for Methanol Holdings (Trinidad) Ltd. (MHTL), the only company subject to individual examination in this investigation. We preliminarily determine that MHTL's countervailable subsidy rate is 27.48 percent ad valorem. The All Others rate is 27.48 percent ad valorem, which is the rate calculated for MHTL.

    In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we are directing U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of melamine from Trinidad and Tobago that are entered, or withdrawn from warehouse, for consumption on or after the date of the publication of this notice in the Federal Register, and to require a cash deposit for such entries of merchandise in the amounts indicated above.

    Disclosure and Public Comment

    The Department intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement.5 Interested parties may submit case and rebuttal briefs. For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Issues and Decision Memorandum.

    5See 19 CFR 351.224(b).

    U.S. International Trade Commission (ITC) Notification

    In accordance with section 703(f) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order, without the written consent of the Assistant Secretary for Enforcement and Compliance.

    In accordance with section 705(b)(2) of the Act, if our final determination is affirmative, the ITC will make its final determination within 45 days after the Department makes its final determination.

    This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act.

    Dated: April 13, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix 1 Scope of the Investigation

    The merchandise subject to this investigation is melamine (Chemical Abstracts Service (CAS) registry number 108-78-01, molecular formula C3H6N6).6 Melamine is a crystalline powder or granule typically (but not exclusively) used to manufacture melamine formaldehyde resins. All melamine is covered by the scope of this investigation irrespective of purity, particle size, or physical form. Melamine that has been blended with other products is included within this scope when such blends include constituent parts that have been intermingled, but that have not been chemically reacted with each other to produce a different product. For such blends, only the melamine component of the mixture is covered by the scope of this investigation. Melamine that is otherwise subject to this investigation is not excluded when commingled with melamine from sources not subject to this investigation. Only the subject component of such commingled products is covered by the scope of this investigation.

    6 Melamine is also known as 2,4,6-triamino-s-triazine; l,3,5-Triazine-2,4,6-triamine; Cyanurotriamide; Cyanurotriamine; Cyanuramide; and by various brand names.

    The subject merchandise is provided for in subheading 2933.61.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope is dispositive.

    Appendix 2 List of Topics Discussed in the Preliminary Issues and Decision Memorandum 1. Summary 2. Background 3. Alignment 4. Scope Comments 5. Scope of the Investigation 6. Injury Test 7. Subsidies Valuation 8. Unequityworthiness and Uncreditworthiness 9. Analysis of Programs 10. ITC Notification 11. Disclosure and Public Comment 12. Verification 13. Conclusion
    [FR Doc. 2015-09003 Filed 4-17-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty AGENCY:

    Enforcement and Compliance, International Trade Administration Department of Commerce.

    DATES:

    Effective Date: April 20, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Stephanie Moore, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave. NW., Washington, DC 20230, telephone: (202) 482-3692.

    SUPPLEMENTARY INFORMATION:

    Section 702 of the Trade Agreements Act of 1979 (as amended) (the Act) requires the Department of Commerce (the Department) to determine, in consultation with the Secretary of Agriculture, whether any foreign government is providing a subsidy with respect to any article of cheese subject to an in-quota rate of duty, as defined in section 702(h) of the Act, and to publish quarterly updates to the type and amount of those subsidies. We hereby provide the Department's quarterly update of subsidies on articles of cheese that were imported during the periods October 1, 2014 through December 31, 2014.

    The Department has developed, in consultation with the Secretary of Agriculture, information on subsidies, as defined in section 702(h) of the Act, being provided either directly or indirectly by foreign governments on articles of cheese subject to an in-quota rate of duty. The appendix to this notice lists the country, the subsidy program or programs, and the gross and net amounts of each subsidy for which information is currently available. The Department will incorporate additional programs which are found to constitute subsidies, and additional information on the subsidy programs listed, as the information is developed.

    The Department encourages any person having information on foreign government subsidy programs which benefit articles of cheese subject to an in-quota rate of duty to submit such information in writing to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Ave. NW., Washington, DC 20230.

    This determination and notice are in accordance with section 702(a) of the Act.

    Dated: April 13, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix Subsidy Programs on Cheese Subject to an In-Quota Rate of Duty Country Program(s) Gross 1 subsidy
  • ($/lb)
  • Net 2 subsidy
  • ($/lb)
  • 28 European Union Member States 3 European Union Restitution Payments $0.00 $0.00 Canada Export Assistance on Certain Types of Cheese 0.40 0.40 Norway Indirect (Milk) Subsidy 0.00 0.00 Consumer Subsidy Total 0.00 0.00 Total 0.00 0.00 Switzerland Deficiency Payments 0.00 0.00 1 Defined in 19 U.S.C. 1677(5). 2 Defined in 19 U.S.C. 1677(6). 3 The 28 member states of the European Union are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.
    [FR Doc. 2015-09030 Filed 4-17-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XC849 New England Fishery Management Council; Statement of Organization, Practices, and Procedures AGENCY:

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

    ACTION:

    Notice of availability.

    SUMMARY:

    The Assistant Administrator for Fisheries has approved amendments to the New England Fishery Management Council's Statement of Organization, Practices, and Procedures. Copies of the document are available to the public.

    ADDRESSES:

    New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, Massachusetts 01950.

    FOR FURTHER INFORMATION CONTACT:

    Thomas A. Nies, Executive Director, phone 302-674-2331, fax 302-674-5399.

    SUPPLEMENTARY INFORMATION:

    In accordance with the Magnuson-Stevens Fishery Conservation and Magnuson Act, section 302(f)(6), each regional fishery management council is required to describe its organization and operations in a Statement of Organization, Practices, and Procedures (SOPP). The New England Fishery Management Council has amended its SOPP to be compliant with the 2006 amendments to the Magnuson-Stevens Act. Council function and responsibilities, development of acceptable biological catch, public notice, and other administrative procedures have been updated.

    Pursuant to 50 CFR 600.115(b), the New England Fishery Management Council's SOPP, as amended, has been approved by the Assistant Administrator for Fisheries, on behalf of the Secretary of Commerce. The SOPP is available to the public. Copies may be obtained by contacting the Council (see ADDRESSES). An electronic version of the SOPP may be downloaded from http://www.nefmc.org/.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 14, 2015 Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
    [FR Doc. 2015-08969 Filed 4-17-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Telecommunications and Information Administration Commerce Spectrum Management Advisory Committee Meeting AGENCY:

    National Telecommunications and Information Administration, U.S. Department of Commerce.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a public meeting of the Commerce Spectrum Management Advisory Committee (Committee). The Committee provides advice to the Assistant Secretary of Commerce for Communications and Information and the National Telecommunications and Information Administration (NTIA) on spectrum management policy matters.

    DATES:

    The meeting will be held on May 12, 2015, from 1:30 p.m. to 4:30 p.m., Mountain Daylight Time.

    ADDRESSES:

    The meeting will be held at the National Institute of Standards and Technology (NIST), Communication Technology Laboratory, 325 Broadway, Room 1A116, Building 81, Boulder, CO 80305. Public comments may be mailed to Commerce Spectrum Management Advisory Committee, National Telecommunications and Information Administration, 1401 Constitution Avenue NW., Room 4099, Washington, DC 20230 or emailed to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Bruce M. Washington, Designated Federal Officer, at (202) 482-6415 or [email protected]; and/or visit NTIA's Web site at http://www.ntia.doc.gov/category/csmac.

    SUPPLEMENTARY INFORMATION:

    Background: The Committee provides advice to the Assistant Secretary of Commerce for Communications and Information on needed reforms to domestic spectrum policies and management in order to: License radio frequencies in a way that maximizes their public benefits; keep wireless networks as open to innovation as possible; and make wireless services available to all Americans. See Charter at http://www.ntia.doc.gov/other-publication/2015/csmac-2015-charter. This Committee is subject to the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2, and is consistent with the National Telecommunications and Information Administration Act, 47 U.S.C. 904(b). The Committee functions solely as an advisory body in compliance with the FACA. For more information about the Committee visit: http://www.ntia.doc.gov/category/csmac.

    Matters to Be Considered: The Committee provides advice to the Assistant Secretary to assist in developing and maintaining spectrum management policies that enable the United States to maintain or strengthen its global leadership role in the introduction of communications technology and services and innovation, thus expanding the economy, adding jobs, and increasing international trade, while at the same time providing for the expansion of existing technologies and supporting the country's homeland security, national defense, and other critical needs of government missions. The Committee will hear reports of the following Subcommittees:

    1. Enforcement 2. General Occupancy Measurements and Quantification of Federal Spectrum Use 3. Spectrum Management via Databases 4. Federal Access to Non-federal Bands (Bi-Directional Sharing) 5. Spectrum Sharing Cost Recovery Alternatives 6. Industry and Government Collaboration

    NTIA will post a detailed agenda on its Web site, http://www.ntia.doc.gov/category/csmac, prior to the meeting. To the extent that the meeting time and agenda permit, any member of the public may speak to or otherwise address the Committee regarding the agenda items. See Open Meeting and Public Participation Policy, available at http://www.ntia.doc.gov/category/csmac.

    Time and Date: The meeting will be held on May 12, 2015, from 1:30 p.m. to 4:30 p.m., Mountain Daylight Time. The times and the agenda topics are subject to change. The meeting will be available via two-way audio link and may be webcast. Please refer to NTIA's Web site, http://www.ntia.doc.gov/category/csmac, for the most up-to-date meeting agenda and access information.

    Place: The meeting will be held at the NIST Communication Technology Laboratory, 325 Broadway, Room 1A116, Building 81, Boulder, CO 80305. The meeting will be open to the public and press on a first-come, first-served basis. Space is limited. All visitors, especially Foreign National Visitors, must send a written request to participate in the meeting on site. Such visit requests must be provided to Mr. Washington at [email protected] no later than May 4, 2015. Visitors from certain states must adhere to the Real ID Act of 2005 requirements, in order to access the NIST campus. For more information on the new visitor access requirements, visit: http://www.nist.gov/public_affairs/visitor/. The public meeting is physically accessible to people with disabilities. Individuals requiring accommodations, such as sign language interpretation or other ancillary aids, are asked to notify Mr. Washington at (202) 482-6415 or [email protected] at least ten (10) business days before the meeting.

    Status: Interested parties are invited to attend and to submit written comments to the Committee at any time before or after the meeting. Parties wishing to submit written comments for consideration by the Committee in advance of a meeting must send them to NTIA's Washington, DC office at the above-listed address and comments must be received five (5) business days before the scheduled meeting date, to provide sufficient time for review. Comments received after this date will be distributed to the Committee, but may not be reviewed prior to the meeting. It would be helpful if paper submissions also include a compact disc (CD) containing copies of the submissions in Word or PDF format. CDs should be labeled with the name and organizational affiliation of the filer. Alternatively, comments may be submitted electronically to [email protected] Comments provided via electronic mail also may be submitted in one or more of the formats specified above.

    Records: NTIA maintains records of all Committee proceedings. Committee records are available for public inspection at NTIA's Washington, DC office at the address above. Documents including the Committee's charter, member list, agendas, minutes, and any reports are available on NTIA's Committee Web page at http://www.ntia.doc.gov/category/csmac.

    Dated: April 14, 2015. Kathy D. Smith, Chief Counsel, National Telecommunications and Information Administration.
    [FR Doc. 2015-08892 Filed 4-17-15; 8:45 am] BILLING CODE 3510-60-P
    CONSUMER PRODUCT SAFETY COMMISSION [Docket No. CPSC-2007-0035] Privacy Act of 1974; System of Records AGENCY:

    Consumer Product Safety Commission.

    ACTION:

    Notice of new system of records.

    SUMMARY:

    In accordance with the Privacy Act of 1974, the Consumer Product Safety Commission (CPSC) announces a new Privacy Act system of records. The purpose of the new system of records, relating to mailing, contact, and other lists, is to assist in the dissemination of CPSC information and documents, including dissemination to those who request such materials or information; and to maintain lists of business or other contacts for future reference.

    DATES:

    Comments must be received no later than May 20, 2015. The new system of records will be effective June 1, 2015, unless comments are received that would result in a contrary determination.

    ADDRESSES:

    You may submit comments, identified by Docket No. CPSC-2007-0035, 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 in the following way: mail/hand delivery/courier to: Office of the Secretariat, 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, and insert the docket number, CPSC-2007-0035, into the “Search” box, and follow the prompts.

    FOR FURTHER INFORMATION CONTACT:

    Mary James, Office of Information Technology, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, (301) 504-7213, or by email to: [email protected]

    SUPPLEMENTARY INFORMATION:

    The CPSC is establishing this new system of records under the Privacy Act, 5 U.S.C. 552a, for CPSC mailing, contact, and other lists of individuals, organizations, businesses, and other contacts. These lists are maintained to assist in the distribution of CPSC documents and information in furtherance of the CPSC's mission to protect the public against unreasonable risks of injury associated with the use of consumer products.

    In accordance with 5 U.S.C. 552a(r), the CPSC has provided a report of this updated system of records to the Office of Management and Budget and to Congress.

    Alberta Mills, Acting Secretary, Consumer Product Safety Commission. CPSC-34 SYSTEM NAME:

    Mailing and Other Lists

    SYSTEM LOCATION:

    U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Individuals covered by the new system of records include individuals who have indicated an interest in receiving CPSC materials or who are participants or contacts in connection with matters under consideration at CPSC, and other individuals who may be contacts, resources, or leads for various CPSC subject matter areas or programs.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    The records in the new system may include some or all of the following information: Name; title; company, organization or affiliation; address; telephone number; email or internet address. This system includes mailing lists, contact lists, address lists, and information developed from business cards, sign-in sheets or rosters compiled at meetings. This system excludes mailing or contact lists or similar records collected or maintained under other CPSC systems of records. For example, addresses or other contact information for individuals who import materials into the United States are covered by CPSC-33 (International Trade Data System Risk Assessment Methodology System (ITDS/RAM)).

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    44 U.S.C. 3101; CPSC Directives Order No. 0730.1 (Revised 2/06).

    PURPOSE(S):

    The system of records is used to assist in the dissemination of CPSC information and documents to individuals, organizations, businesses, and other contacts in accordance with applicable legal constraints, and to maintain lists of business or other contacts for future reference, in furtherance of the CPSC's mission to protect the public against unreasonable risks of injury associated with the use of consumer products.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

    In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, all or a portion of the records or information contained in this system may be disclosed to authorized entities, as is determined to be relevant and necessary, outside CPSC as a routine use pursuant to 5 U.S.C. 552a(b)(3), as follows:

    1. To disclose information to the National Archives and Records Administration for use in records management inspections.

    2. Contractors, agents, or other authorized individuals performing work on a contract, service, cooperative agreement, job, or other activity on behalf of CPSC or Federal Government and who have a need to access the information in the performance of their duties.

    POLICIES AND PRACTICES FOR STORING, RETRIEIVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:

    Records are maintained in electronic format and paper form. Electronic records are stored in computerized databases. Other records are maintained in locked file cabinets or in agency office space whose access is limited to those with authorization.

    RETRIEVABILITY:

    Information about individuals maintained in mailing lists and other information covered by this system of records may be retrieved by the individual's name, an employer or institutional or organizational affiliation name, the individual or organization category on mailing list, the city or zip code, or by any other personal identifiers.

    SAFEGUARDS:

    Access to electronic records is restricted to authorized personnel who have been issued non-transferrable access codes and passwords. Other records are maintained in locked file cabinets or in agency office space whose access is limited to those with authorization.

    RETENTION AND DISPOSAL:

    CPSC personnel revise the lists as necessary. The records can be destroyed when deemed no longer useful.

    SYSTEM MANAGER(S) AND ADDRESS:

    Secretary, Office of the Secretariat, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814.

    NOTIFICATION PROCEDURE:

    Individuals wishing to determine whether this system of records contains information about them may inquire in writing in accordance with the instructions appearing at 16 CFR part 1014. The request will be made to Freedom of Information/Privacy Act Officer, Office of the Secretariat, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814.

    RECORD ACCESS PROCEDURES:

    Same as notification.

    CONTESTING RECORD PROCEDURES:

    Same as notification.

    RECORD SOURCE CATEGORIES:

    These records contain information developed from publicly available information, information obtained from the relevant individual, information from business cards, sign-in sheets or rosters compiled at meetings, or from other sources. Information in this system of records may also be obtained from other CPSC records systems.

    EXEMPTIONS CLAIMED FOR THE SYSTEM:

    None.

    [FR Doc. 2015-08999 Filed 4-17-15; 8:45 am] BILLING CODE 6355-01-P
    DEPARTMENT OF DEFENSE Office of the Secretary Defense Science Board; Notice of Federal Advisory Committee Meetings AGENCY:

    Department of Defense.

    ACTION:

    Notice of Federal Advisory Committee meetings.

    SUMMARY:

    The Defense Science Board will meet in closed session on May 20-21, 2015, from 8:00 a.m. to 5:00 p.m. at the Pentagon, Room 3E863, Washington, DC.

    DATES:

    May 20-21, 2015, from 8:00 a.m. to 5:00 p.m.

    ADDRESSES:

    The Pentagon, Room 3E863, Washington, DC.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Debra Rose, Executive Officer, Defense Science Board, 3140 Defense Pentagon, Room 3B888A, Washington, DC 20301-3140, via email at [email protected], or via phone at (703) 571-0084.

    SUPPLEMENTARY INFORMATION:

    This meeting is being held under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150.

    The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At this meeting, the Board will discuss interim findings and recommendations resulting from ongoing Task Force activities. The Board will also discuss plans for future consideration of scientific and technical aspects of specific strategies, tactics, and policies as they may affect the U.S. national defense posture and homeland security.

    In accordance with section 10(d) of the Federal Advisory Committee Act, Public Law 92-463, as amended (5 U.S.C. App. 2) and 41 CFR 102-3.155, the Department of Defense has determined that the Defense Science Board meeting for May 20-21, 2015, will be closed to the public. Specifically, the Under Secretary of Defense (Acquisition, Technology, and Logistics), in consultation with the DoD Office of General Counsel, has determined in writing that all sessions of meeting for May 20-21, 2015, will be closed to the public because it will consider matters covered by 5 U.S.C. 552b(c)(1) and (4).

    In accordance with 41 CFR 102-3.140 and section 10(a)(3) of the Federal Advisory Committee Act, interested persons may submit a written statement for consideration by the Defense Science Board. Individuals submitting a written statement must submit their statement to the Designated Federal Official at the address detailed in FOR FURTHER INFORMATION CONTACT at any point, however, if a written statement is not received at least 10 calendar days prior to the meeting, which is the subject of this notice, then it may not be provided to or considered by the Defense Science Board. The Designated Federal Official will review all timely submissions with the Defense Science Board Chairperson, and ensure they are provided to members of the Defense Science Board before the meeting that is the subject of this notice.

    Dated: April 15, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-08973 Filed 4-17-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary Board of Regents, Uniformed Services University of the Health Sciences; Notice of Federal Advisory Committee Meeting AGENCY:

    Department of Defense; Uniformed Services University of the Health Sciences (USU).

    ACTION:

    Quarterly meeting notice.

    SUMMARY:

    The Department of Defense is publishing this notice to announce the following meeting of the Board of Regents, Uniformed Services University of the Health Sciences (“the Board”). This meeting will be partially-closed to the public.

    DATES:

    Friday, May 15, 2015, from 8:00 a.m. to 11:30 a.m. (Open Session) and 1:15 p.m. to 2:00 p.m. (Closed Session).

    ADDRESSES:

    Uniformed Services University of the Health Sciences, 4301 Jones Bridge Road, Everett Alvarez Jr. Board of Regents Room (D3001), Bethesda, Maryland 20814.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Nuetzi James, Designated Federal Officer, 4301 Jones Bridge Road, D3002, Bethesda, Maryland 20814; telephone 301-295-3066; email [email protected].

    SUPPLEMENTARY INFORMATION:

    This meeting notice is being published under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150.

    Purpose of the Meeting: The purpose of the meeting is to provide advice and recommendations to the Secretary of Defense through the Under Secretary of Defense for Personnel and Readiness, on academic and administrative matters critical to the full accreditation and successful operation of the University. These actions are necessary for the University to pursue its mission, which is to educate, train and comprehensively prepare uniformed services health professionals, officers, scientists and leaders to support the Military and Public Health Systems, the National Security and National Defense Strategies of the United States, and the readiness of the Uniformed Services.

    Agenda: The actions scheduled to occur include documenting for the record the approval of the minutes from the Board Meeting held on February 3, 2015; recommendations regarding the awarding of post-baccalaureate degrees; recommendations regarding the approval of faculty appointments and promotions; a review of awards and honors; award nominations; and proposed updates to Board governing documents. The USU President will provide a report on recent actions affecting academic and operational aspects of the University. Member Reports include an annual update from the Henry M. Jackson Foundation for the Advancement of Military Medicine; the USU Inspector General (IG) will provide an update on IG issues; the department of Military and Emergency Medicine will discuss its approach to leadership training in the USU F. Edward Hébert School of Medicine; the USU Alumni Association will provide an annual update; the USU Brigade will provide a report on the Brigade office; and the Office of General Counsel will provide an annual ethics and office review. A closed session will be held, after the open session, to discuss active investigations and personnel actions.

    Meeting Accessibility: Pursuant to Federal statute and regulations (5 U.S.C. 552b and 41 CFR 102-3.140 through 102-3.165) and the availability of space, the meeting is open to the public from 8:00 a.m. to 11:30 a.m. Seating is on a first-come basis. Members of the public wishing to attend the meeting should contact Jennifer Nuetzi James five business days prior to the meeting, at the address and phone number noted in the FOR FURTHER INFORMATION CONTACT section.

    Pursuant to 5 U.S.C. 552b(c)(2, 5-7), the Department of Defense has determined that the portion of the meeting from 1:15 p.m. to 2:00 p.m. shall be closed to the public. The Under Secretary of Defense (Personnel and Readiness), in consultation with the Office of the DoD General Counsel, has determined in writing that a portion of the committee's meeting will be closed as the discussion will disclose sensitive personnel information, will include matters that relate solely to the internal personnel rules and practices of the agency, will involve allegations of a person having committed a crime or censuring an individual, and may disclose investigatory records compiled for law enforcement purposes.

    Written Statements: Pursuant to 41 CFR 102-3.140, and section 10(a)(3) of the Federal Advisory Committee Act of 1972, the public or interested organizations may submit written comments to the Board about its approved agenda pertaining to this meeting or at any time regarding the Board's mission. Individuals submitting a written statement must submit their statement to the Designated Federal Officer at the address listed in FOR FURTHER INFORMATION CONTACT. Written statements that do not pertain to a scheduled meeting of the Board may be submitted at any time. However, if individual comments pertain to a specific topic being discussed at the planned meeting, then these statement must be received at least 5 calendar days prior to the meeting, otherwise, the comments may not be provided to or considered by the Board until a later date. The Designated Federal Officer will compile all timely submissions with the Board's Chairman and ensure such submissions are provided to Board Members before the meeting.

    Dated: April 15, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-08970 Filed 4-17-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary Charter Renewal of Department of Defense Federal Advisory Committees AGENCY:

    Department of Defense.

    ACTION:

    Renewal of Federal Advisory Committee.

    SUMMARY:

    The Department of Defense is publishing this notice to announce that it is renewing the charter for the Board of Regents, Uniformed Services University of the Health Sciences (“the Board”).

    FOR FURTHER INFORMATION CONTACT:

    Jim Freeman, Advisory Committee Management Officer for the Department of Defense, 703-692-5952.

    SUPPLEMENTARY INFORMATION:

    This committee's charter is being renewed pursuant to 10 U.S.C. 2113a and in accordance with the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended) and 41 CFR 102-3.50(a).

    The Board is a statutory Federal advisory committee that, assists the Secretary of Defense in an advisory capacity in carrying out the Secretary's responsibility to conduct the business of the Uniformed Services University of the Health Sciences (“the University”). The Board shall provide advice and recommendations on academic and administrative matters critical to the full accreditation and successful operation of the University.

    The DoD, through the Office of the USD(P&R), provides support, as deemed necessary, for the Board's performance and functions, and ensures compliance with the requirements of the FACA, the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended) (“the Sunshine Act”), governing Federal statutes and regulations, and established DoD policies and procedures. Under the provisions of 10 U.S.C. 2113a(b), the Board shall be composed of 15 members, appointed or designated as follows:

    a. Nine persons outstanding in the field of health care, higher education administration, or public policy, who shall be appointed from civilian life by the Secretary of Defense;

    b. The Secretary of Defense, or his designee, who shall be an ex-officio member;

    c. The Surgeons General of the Uniformed Services, who shall be ex-officio members; and

    d. The President of the University, who shall be a non-voting, ex-officio member.

    As directed by 10 U.S.C. 2113a(c), the term of office for each member of the Board (other than ex-officio members) shall be six years except that:

    a. Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and,

    b. Any member whose term of office has expired shall continue to serve until his successor is appointed.

    In accordance with 10 U.S.C. 2113a(d), one of the members of the Board (other than an ex-officio member) shall be designated as Chair by the Secretary of Defense and shall be presiding officer of the Board.

    Board members that are not ex-officio members shall be appointed by the Secretary of Defense and their appointments will be renewed on an annual basis according to DoD policies and procedures.

    Each member, based upon his or her individual professional experience, provides his or her best judgment on the matters before the Board, and he or she does so in a manner that is free from conflict of interest. Board members who are not full-time or permanent part-time Federal officers or employees, will be appointed as experts or consultants pursuant to 5 U.S.C. 3109 to serve as special government employee (SGE) members. Board members who are full-time or permanent part-time Federal officers or employees will serve as regular government employee (RGE) members pursuant to 41 CFR 102-3.130(a). No member may serve more than two consecutive terms of service without Secretary of Defense or Deputy Secretary of Defense approval.

    Pursuant to 10 U.S.C. 2113a(e), Board members (other than ex-officio members), while attending conference or meetings or while otherwise performing their duties as members, shall be entitled to receive compensation at a rate to be fixed by the Secretary of Defense. Each member is reimbursed for travel and per diem as it pertains to official business of the Board.

    DoD, when necessary and consistent with the Board's mission and DoD policies and procedures, may establish subcommittees, task forces, or working groups to support the Board. Establishment of subcommittees will be based upon a written determination, to include terms of reference, by the Secretary of Defense, the Deputy Secretary of Defense, or the USD(P&R), as the Board's Sponsor.

    Such subcommittees will not work independently of the Board and will report all of their recommendations and advice solely to the Board for full and open deliberation and discussion. Subcommittees, task forces, or working groups have no authority to make decisions and recommendations, verbally or in writing, on behalf of the Board. No subcommittee or any of its members can update or report, verbally or in writing, on behalf of the Board, directly to the DoD or any Federal officers or employees.

    Each member, based upon his or her individual professional experience, provides his or her best judgment on the matters before the Board, and he or she does so in a manner that is free from conflict of interest. All subcommittee members will be appointed by the Secretary of Defense or the Deputy Secretary of Defense to a term of service of one-to-four years, with annual renewals, even if the individual is already a member of the Board. Subcommittee members will not serve more than two consecutive terms of service, unless authorized by the Secretary of Defense or the Deputy Secretary of Defense. Subcommittee members who are not full-time or permanent part-time Federal officers or employees will be appointed as an expert or consultant pursuant to 5 U.S.C. 3109, to serve as a SGE member. Subcommittee members who are full-time or permanent part-time Federal officers or employees will be appointed pursuant to 41 CFR 102-3.130(a), to serve as a RGE member. With the exception of reimbursement of official travel and per diem related to the Board or its subcommittees, subcommittee members will serve without compensation.

    All subcommittees operate under the provisions of FACA, the Sunshine Act, governing Federal statutes and regulations, and established DoD policies and procedures.

    The Board's Designated Federal Officer (DFO) must be a full-time or permanent part-time DoD officer or employee, appointed in accordance with established DoD policies and procedures. The Board's DFO is required to attend at all meetings of the Board and its subcommittees for the entire duration of each and every meeting. However, in the absence of the Board's DFO, a properly approved Alternate DFO, duly appointed to the Board according to established DoD policies and procedures, must attend the entire duration of all meetings of the Board and its subcommittees.

    The DFO, or the Alternate DFO, calls all meetings of the Board and its subcommittees; prepares and approves all meeting agendas; and adjourns any meeting when the DFO, or the Alternate DFO, determines adjournment to be in the public interest or required by governing regulations or DoD policies and procedures.

    Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written statements to Board membership about the Board's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the Board.

    All written statements shall be submitted to the DFO for the Board, and this individual will ensure that the written statements are provided to the membership for their consideration. Contact information for the Board's DFO can be obtained from the GSA's FACA Database—http://www.facadatabase.gov/.

    The DFO, pursuant to 41 CFR 102-3.150, will announce planned meetings of the Board. The DFO, at that time, may provide additional guidance on the submission of written statements that are in response to the stated agenda for the planned meeting in question.

    Dated: April 15, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-08977 Filed 4-17-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF ENERGY President's Council of Advisors on Science and Technology AGENCY:

    Office of Science, Department of Energy.

    ACTION:

    Notice of partially-closed meeting.

    SUMMARY:

    This notice sets forth the schedule and summary agenda for a partially-closed meeting of the President's Council of Advisors on Science and Technology (PCAST). The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of these meetings be announced in the Federal Register.

    DATES:

    May 15, 2015, 9:00 a.m. to 12:00 p.m.

    ADDRESSES:

    The meeting will be held at the National Academy of Sciences, 2101 Constitution Avenue NW., Washington, DC in the Lecture Room.

    FOR FURTHER INFORMATION CONTACT:

    Information regarding the meeting agenda, time, location, and how to register for the meeting is available on the PCAST Web site at: http://whitehouse.gov/ostp/pcast. A live video webcast and an archive of the webcast after the event are expected to be available at http://whitehouse.gov/ostp/pcast. The archived video will be available within one week of the meeting. Questions about the meeting should be directed to Dr. Ashley Predith at [email protected], (202) 456-4444. Please note that public seating for this meeting is limited and is available on a first-come, first-served basis.

    SUPPLEMENTARY INFORMATION:

    The President's Council of Advisors on Science and Technology (PCAST) is an advisory group of the nation's leading scientists and engineers, appointed by the President to augment the science and technology advice available to him from inside the White House, cabinet departments, and other Federal agencies. See the Executive Order at http://www.whitehouse.gov/ostp/pcast. PCAST is consulted about and provides analyses and recommendations concerning a wide range of issues where understandings from the domains of science, technology, and innovation may bear on the policy choices before the President. PCAST is co-chaired by Dr. John P. Holdren, Assistant to the President for Science and Technology, and Director, Office of Science and Technology Policy, Executive Office of the President, The White House; and Dr. Eric S. Lander, President, Broad Institute of the Massachusetts Institute of Technology and Harvard.

    Type of Meeting: Partially Closed.

    Proposed Schedule and Agenda: The President's Council of Advisors on Science and Technology (PCAST) is scheduled to meet in open session on May 15, 2015 from 9:00 a.m. to 12:00 p.m.

    Open Portion of Meeting: During this open meeting, PCAST is scheduled to hear from speakers about the Quadrennial Energy Review and about the Precision Medicine Initiative. The Council will discuss and hear remarks about reimagining business roles to address significant societal challenges. Additional information and the agenda, including any changes that arise, will be posted at the PCAST Web site at: http://whitehouse.gov/ostp/pcast.

    Closed Portion of the Meeting: PCAST may hold a closed meeting of approximately 1 hour with the President on May 15, 2015, which must take place in the White House for the President's scheduling convenience and to maintain Secret Service protection. This meeting will be closed to the public because such portion of the meeting is likely to disclose matters that are to be kept secret in the interest of national defense or foreign policy under 5 U.S.C. 552b(c)(1).

    Public Comments: It is the policy of the PCAST to accept written public comments of any length, and to accommodate oral public comments whenever possible. The PCAST expects that public statements presented at its meetings will not be repetitive of previously submitted oral or written statements.

    The public comment period for this meeting will take place on May 15, 2015 at a time specified in the meeting agenda posted on the PCAST Web site at http://whitehouse.gov/ostp/pcast. This public comment period is designed only for substantive commentary on PCAST's work, not for business marketing purposes.

    Oral Comments: To be considered for the public speaker list at the meeting, interested parties should register to speak at http://whitehouse.gov/ostp/pcast, no later than 12:00 p.m. Eastern Time on May 7, 2015. Phone or email reservations will not be accepted. To accommodate as many speakers as possible, the time for public comments will be limited to two (2) minutes per person, with a total public comment period of up to 15 minutes. If more speakers register than there is space available on the agenda, PCAST will randomly select speakers from among those who applied. Those not selected to present oral comments may always file written comments with the committee. Speakers are requested to bring at least 25 copies of their oral comments for distribution to the PCAST members.

    Written Comments: Although written comments are accepted continuously, written comments should be submitted to PCAST no later than 12:00 p.m. Eastern Time on May 7, 2015 so that the comments may be made available to the PCAST members prior to this meeting for their consideration. Information regarding how to submit comments and documents to PCAST is available at http://whitehouse.gov/ostp/pcast in the section entitled “Connect with PCAST.”

    Please note that because PCAST operates under the provisions of FACA, all public comments and/or presentations will be treated as public documents and will be made available for public inspection, including being posted on the PCAST Web site.

    Meeting Accommodations: Individuals requiring special accommodation to access this public meeting should contact Dr. Ashley Predith at least ten business days prior to the meeting so that appropriate arrangements can be made.

    Issued in Washington, DC, on April 14, 2015. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2015-08981 Filed 4-17-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Portsmouth AGENCY:

    Department of Energy (DOE).

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Portsmouth. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Thursday, May 7, 2015, 6:00 p.m.

    ADDRESSES:

    Ohio State University, Endeavor Center, 1862 Shyville Road, Piketon, Ohio 45661.

    FOR FURTHER INFORMATION CONTACT:

    Greg Simonton, Alternate Deputy Designated Federal Officer, Department of Energy Portsmouth/Paducah Project Office, Post Office Box 700, Piketon, Ohio 45661, (740) 897-3737, [email protected] lex.doe.gov.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management and related activities.

    Tentative Agenda • Call to Order, Introductions, Review of Agenda • Approval of April Minutes • Deputy Designated Federal Officer's Comments • Federal Coordinator's Comments • Liaison's Comments • Presentation • Administrative Issues • Subcommittee Updates • Public Comments • Final Comments from the Board • Adjourn

    Public Participation: The meeting is open to the public. The EM SSAB, Portsmouth, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Greg Simonton at least seven days in advance of the meeting at the phone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Greg Simonton at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments. This notice is being published less than 15 days prior to the meeting date due to programmatic issues that had to be resolved prior to the meeting date.

    Minutes: Minutes will be available by writing or calling Greg Simonton at the address and phone number listed above. Minutes will also be available at the following Web site: http://www.ports-ssab.energy.gov/.

    Issued at Washington, DC, on April 14, 2015. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2015-08980 Filed 4-17-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC15-101-000.

    Applicants: American Transmission Company LLC.

    Description: Clarifying Non-Substantive Amendment to March 23, 2015 Application for Authority to Acquire Transmission Facilities Under Section 203 of the FPA of American Transmission Company LLC.

    Filed Date: 4/9/15.

    Accession Number: 20150409-5209.

    Comments Due: 5 p.m. ET 4/20/15.

    Docket Numbers: EC15-120-000.

    Applicants: Sierra Solar Greenworks LLC.

    Description: Application for Authorization Under Section 203 of the Federal Power Act, Request for Expedited Consideration and Confidential Treatment.

    Filed Date: 4/10/15.

    Accession Number: 20150410-5300.

    Comments Due: 5 p.m. ET 5/1/15.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER15-623-001.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Amendment per 35.17(b): Response to Deficiency Letter in ER15-623, to be effective 4/1/2015.

    Filed Date: 4/10/15.

    Accession Number: 20150410-5277.

    Comments Due: 5 p.m. ET 4/24/15.

    Docket Numbers: ER15-929-003.

    Applicants: Southwest Power Pool, Inc.

    Description: Tariff Amendment per 35.17(b): Amendment to Oklahoma Municipal Power Authority Revised Stated Rate in ER15-929 to be effective 4/1/2015.

    Filed Date: 4/10/15.

    Accession Number: 20150410-5282.

    Comments Due: 5 p.m. ET 5/1/15.

    Docket Numbers: ER15-943-001.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Compliance filing per 35: 2015-04-13_SA 6502 Illinois Power-Edwards SSR Renewal Compliance Filing to be effective 1/1/2015.

    Filed Date: 4/13/15.

    Accession Number: 20150413-5165.

    Comments Due: 5 p.m. ET 5/4/15.

    Docket Numbers: ER15-1496-000.

    Applicants: 2014 ESA Project Company, LLC.

    Description: Initial rate filing per 35.12 2014 ESA Project Company, LLC—MBR Filing to be effective 4/13/2015.

    Filed Date: 4/13/15.

    Accession Number: 20150413-5063.

    Comments Due: 5 p.m. ET 5/4/15.

    Docket Numbers: ER15-1497-000.

    Applicants: Southern California Edison Company.

    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): Boomer Solar LLC 5 GIAs and SAs to be effective 4/14/2015.

    Filed Date: 4/13/15.

    Accession Number: 20150413-5221.

    Comments Due: 5 p.m. ET 5/4/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: April 13, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-08952 Filed 4-17-15; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9926-45-Region-1] Notice of Availability of Final NPDES General Permits MAG070000 And NHG070000 for Discharges From Dewatering Activities in the Commonwealth of Massachusetts and the State of New Hampshire: The Dewatering General Permit (DGP) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of Availability of Final NPDES General Permits MAG070000 And NHG070000.

    SUMMARY:

    The Director of the Office of Ecosystem Protection, EPA-New England, is providing a notice of availability of final National Pollutant Discharge Elimination System (NPDES) general permits for dewatering activity discharges to certain waters of the Commonwealth of Massachusetts and the State of New Hampshire. These General Permits replace the Dewatering General Permits (DGP), which expired on September 30, 2013.

    DATES:

    The DGP will be effective May 20, 2015 and will expire five years from the effective date. In accordance with 40 CFR part 23, this permit shall be considered issued for the purpose of judicial review on May 4, 2015. Under section 509(b) of the Clean Water Act, judicial review can be had by filing a petition for review in the United States Court of Appeals within 120 days after the permit is considered issued for purposes of judicial review. Under section 509(b)(2) of the Clean Water Act, the requirements in this permit may not be challenged later in civil or criminal proceedings to enforce these requirements. In addition, this permit may not be challenged in other agency proceedings.

    ADDRESSES:

    The required notice of intent (NOI) information to obtain permit coverage is provided in the DGP. This information shall be submitted to EPA. NOIs may be submitted electronically or via mail at the addresses provided below:

    (1) Email: [email protected]

    (2) Mail: Victor Alvarez, U.S. EPA—Region 1, 5 Post Office Square—Suite 100, Mail Code OEP06-4, Boston, MA 02109-3912.

    FOR FURTHER INFORMATION CONTACT:

    Additional information concerning the final General Permits may be obtained between the hours of 9 a.m. and 5 p.m. Monday through Friday, excluding holidays, from Victor Alvarez, Office of Ecosystem Protection, 5 Post Office Square—Suite 100, Boston, MA 02109-3912; telephone: 617-918-1572; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    EPA is reissuing two general permits for the discharge of uncontaminated water from construction dewatering intrusion and/or stormwater accumulation from sites that disturb less than one acre of land and short and long term dewatering of foundation sumps. While the final general permits are two distinct permits, for convenience, EPA has grouped them together in a single document and has provided a single fact sheet for the two draft general permits. This document refers to the final general “permit” in the singular. The final general permit, appendices and fact sheet are available at: http://www.epa.gov/region1/npdes/dewatering.html.

    The General Permit establishes Notice of Intent (NOI) requirements, effluent limitations, standards, prohibitions, and management practices for facilities with construction dewatering of groundwater intrusion and/or storm water accumulation from sites less than one acre and short-term and long-term dewatering of foundation sumps.

    The draft permit includes effluent limitations based on best professional judgment (BPJ) and water quality considerations. When EPA has not promulgated effluent limitations for a category of discharges, or if an operator discharges a pollutant not covered by an effluent limitation guideline, effluent limitations may be based on the BPJ of the agency or permit writer. The BPJ limits in the general permit are in the form of non-numeric control measures, commonly referred to as best management practices (BMPs). The effluent limits established in the draft permit assures that the surface water quality standards of the receiving water are protected, maintained and/or attained. Discharges that contain pollutants in quantities which represent reasonable potential to cause or contribute to violations of water quality standards will not be granted coverage under this general permit. Those dischargers must either apply for an individual permit or seek coverage under EPA's Remediation General Permit.

    Other Legal Requirements Endangered Species Act (ESA)

    The ESA provisions have been updated from the 2008 general permit and new species of concern have been added. EPA has received concurrence from U.S Fish and Wildlife Service and National Marine Fisheries Service in connection with this final permit.

    Authority:

    This action is being taken under the Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: March 31, 2015. H. Curtis Spalding, Regional Administrator.
    [FR Doc. 2015-09015 Filed 4-17-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2014-0486; FRL 9926-21-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has submitted a new information collection request (ICR), “Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program” (EPA ICR No. 2381.03, OMB Control No. 2070-0181) 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 (79 FR 78084) on December 29, 2014, during a 60-day comment period. This notice allows for an additional 30 days for public comments. A full 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 20, 2015.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OPPT-2014-0486, to (1) EPA online using http://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:

    Colby Lintner, Environmental Assistance Division, Office of Pollution Prevention and Toxics, Mail code: 7408-M, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 202-554-1404; fax number: 202-564-8251; 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 http://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: This information collection request (ICR) covers revisions to the 2008 Renovation, Repair, and Painting (RRP) rule, which established reporting and recordkeeping requirements for individuals and firms conducting renovations in target housing (most housing constructed before 1978) and child-occupied facilities (pre-1978 residential, public, or commercial buildings where children under age six are regularly present). EPA revised the RRP rule under the authority of sections 402, 404 and 407 of the Toxic Substances Control Act (TSCA). This ICR describes and analyzes the incremental changes to the reporting and recordkeeping requirements under another existing approved ICR (EPA ICR No. 1715.12, OMB Control No. 2070-0155).

    Responses to the collection of information are mandatory (see 40 CFR 745, Subpart L). Respondents may claim all or part of a response confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA section 14 and 40 CFR part 2.

    Form Numbers: 8500-25; 8500-27.

    Respondents/affected entities: Persons who provide training in lead-based paint activities and/or renovation, persons who are engaged in lead-based paint activities and/or renovation, and state agencies that administer lead-based paint activities and/or renovation programs.

    Respondent's obligation to respond: Mandatory.

    Estimated number of respondents: 170 (total).

    Frequency of response: On occasion.

    Total estimated burden: 151 hours per year. Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $27 per year, includes $0 annualized capital or operation and maintenance costs.

    Changes in the Estimates: There is no change in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB.

    Courtney Kerwin, Acting Director, Collection Strategies Division.
    [FR Doc. 2015-08983 Filed 4-17-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9926-42-OGC] Proposed Consent Decree, Clean Air Act Citizen Suit AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of proposed consent decree; request for public comment.

    SUMMARY:

    In accordance with section 113(g) of the Clean Air Act, as amended, (“CAA” or the “Act”), notice is hereby given of a proposed consent decree to address a lawsuit filed by American Fuel & Petrochemical Manufacturers and American Petroleum Institute (collectively “Plaintiffs”): American Fuel & Petrochemical Manufacturers, et al. v. EPA, No. 1:15-cv-394 (D. DC). In this lawsuit, Plaintiffs allege that EPA has failed to meet the CAA requirement that the Agency establish renewable fuel obligations applicable to calendar years 2014 and 2015. They also allege that EPA failed to timely approve or disapprove Plaintiffs' petition requesting that EPA waive in part the CAA applicable volumes of renewable fuel for calendar year 2014. The proposed consent decree establishes deadlines for EPA to take proposed and final action regarding renewable fuel obligations for 2015, a deadline for EPA to take final action regarding renewable fuel obligations for 2014 and a deadline for EPA to approve or disapprove Plaintiffs' petition seeking a partial waiver of CAA renewable fuel applicable volumes for 2014.

    DATES:

    Written comments on the proposed consent decree must be received by May 20, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID number EPA-HQ-OGC-2015-0261, online at www.regulations.gov (EPA's preferred method); by email to [email protected]; by mail to EPA Docket Center, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, excluding legal holidays. Comments on a disk or CD-ROM should be formatted in Word or ASCII file, avoiding the use of special characters and any form of encryption, and may be mailed to the mailing address above.

    FOR FURTHER INFORMATION CONTACT:

    Roland Dubois, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-5626; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve the lawsuit filed by Plaintiffs by establishing that EPA must take proposed action by June 1, 2015 and final action by November 30, 2015 to address renewable fuel obligations under CAA 211(o) for calendar year 2015. In addition, the proposed decree would establish that EPA must take final action by November 30, 2015 to address renewable fuel obligations for calendar year 2014 and to approve or disapprove Plaintiffs' petition seeking a partial waiver of renewable fuel applicable volumes set forth in CAA 211(o)(2) for calendar year 2014. See the proposed consent decree for the specific details.

    For a period of thirty (30) days following the date of publication of this notice, the Agency will accept written comments relating to the proposed consent decree from persons who were not named as parties or interveners to the litigation in question. EPA or the Department of Justice may withdraw or withhold consent to the proposed consent decree if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Unless EPA or the Department of Justice determines that consent to this consent decree should be withdrawn, the terms of the decree will be affirmed.

    II. Additional Information About Commenting on the Proposed Consent Decree A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by Docket ID No. EPA-HQ-OGC-2015-0261) contains a copy of the proposed consent decree. The official public docket is available for public viewing at the Office of Environmental Information (OEI) Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center 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 OEI Docket is (202) 566-1752.

    An electronic version of the public docket is available through www.regulations.gov. You may use www.regulations.gov to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, key in the appropriate docket identification number then select “search”.

    It is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing online at www.regulations.gov without change, unless the comment contains copyrighted material, information that is claimed as confidential business information (CBI), or other information whose disclosure is restricted by statute. Information claimed as CBI and other information whose disclosure is restricted by statute is not included in the official public docket or in the electronic public docket. EPA's policy is that copyrighted material, including copyrighted material contained in a public comment, will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the EPA Docket Center.

    B. How and to whom do i submit comments?

    You may submit comments as provided in the ADDRESSES section. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments.

    If you submit an electronic comment, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment and with any disk or CD ROM you submit. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment.

    Use of the www.regulations.gov Web site to submit comments to EPA electronically is EPA's preferred method for receiving comments. The electronic public docket system is an “anonymous access” system, which means EPA will not know your identity, email address, or other contact information unless you provide it in the body of your comment. In contrast to EPA's electronic public docket, EPA's electronic mail (email) system is not an “anonymous access” system. If you send an email comment directly to the Docket without going through www.regulations.gov, your email address is automatically captured and included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket.

    Dated: April 9, 2015. Lorie J. Schmidt, Associate General Counsel.
    [FR Doc. 2015-09012 Filed 4-17-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9925-41-OEI] Agency Information Collection Activities OMB Responses AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    This document announces the Office of Management and Budget (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

    FOR FURTHER INFORMATION CONTACT:

    Courtney Kerwin (202) 566-1669, or email at [email protected] and please refer to the appropriate EPA Information Collection Request (ICR) Number.

    SUPPLEMENTARY INFORMATION: OMB Responses to Agency Clearance Requests OMB Approvals

    EPA ICR Number 2260.05; Confidential Financial Disclosure Form for Special Government Employees Serving on Federal Advisory Committees at the U.S. Environmental Protection Agency (Renewal); 5 CFR part 2634; was approved with change on 2/25/2015; OMB Number 2090-0029; expires on 2/28/2018.

    EPA ICR Number 0559.12; Application for Reference and Equivalent Method Determination (Renewal); 40 CFR parts 53.4, 53.14, 53.15, 53.9(f), (h), (i), and 53.16(a)-(d), (f); was approved without change on 2/25/2015; OMB Number 2080-0005; expires on 2/28/2018.

    Comment Filed

    EPA ICR Number 2347.01; Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements (Proposed Rule); 40 CFR part 51; OMB filed comment on 2/12/2015.

    Courtney Kerwin, Acting Director, Collections Strategies Division.
    [FR Doc. 2015-08984 Filed 4-17-15; 8:45 am] BILLING CODE 6560-50-P
    GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090-0014;Docket 2015-0001; Sequence 8] Information Collection; Transfer Order-Surplus Personal Property and Continuation Sheet, Standard Form (SF) 123 AGENCY:

    Federal Acquisition Service, General Services Administration (GSA).

    ACTION:

    Notice of request for an extension to an existing OMB clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding the Transfer Order—Surplus Personal Property and Continuation Sheet, Standard Form (SF) 123.

    DATES:

    Submit comments on or before: June 19, 2015.

    ADDRESSES:

    Submit comments identified by Information Collection 3090-0014, Transfer Order—Surplus Personal Property and Continuation Sheet, Standard Form (SF) 123, by any of the following methods:

    • Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number. Select the link “Comment Now” that corresponds with “Information Collection 3090-0014, Transfer Order—Surplus Personal Property and Continuation Sheet, Standard Form (SF) 123”. Follow the instructions provided on the screen. Please include your name, company name (if any), and “Information Collection 3090-0014, Transfer Order—Surplus Personal Property and Continuation Sheet, Standard Form (SF) 123,” 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 3090-0014.

    Instructions: Please submit comments only and cite Information Collection 3090-0014, Transfer Order—Surplus Personal Property and Continuation Sheet, Standard Form (SF) 123, 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, Property Disposal Specialist, Federal Acquisition Service, at telephone 703-605-2888 or via email to [email protected]

    SUPPLEMENTARY INFORMATION: A. Purpose

    The Transfer Order—Surplus Personal Property and Continuation Sheet, Standard form (SF) 123, is used by public agencies, nonprofit educational or public health activities, programs for the elderly, service educational activities, and public airports to apply for donation of Federal surplus personal property. The SF 123 serves as the transfer instrument and includes item descriptions, transportation instructions, nondiscrimination assurances, and approval signatures.

    B. Annual Reporting Burden

    Respondents: 20,110.

    Responses per Respondent: 1.

    Total Number of Respondents: 20,110.

    Hours per Response: 0.019.

    Total Burden Hours: 382.

    C. Public Comments

    Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected.

    Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20006, telephone 202-501-4755. Please cite OMB Control No. 3090-0014, Transfer Order—Surplus Personal Property and Continuation Sheet, Standard Form (SF) 123, in all correspondence.

    Dated: April 13, 2015. David A. Shive, Acting, Chief Information Officer.
    [FR Doc. 2015-08994 Filed 4-17-15; 8:45 am] BILLING CODE 6820-34-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-179] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY:

    Centers for Medicare & Medicaid Services, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (the PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information (including each proposed extension or reinstatement of an existing collection of information) and to allow 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including any of the following subjects: The necessity and utility of the proposed information collection for the proper performance of the agency's functions; the accuracy of the estimated burden; ways to enhance the quality, utility, and clarity of the information to be collected; and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    DATES:

    Comments must be received by June 19, 2015.

    ADDRESSES:

    When commenting, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in any one of the following ways:

    1. Electronically. You may send your comments electronically to http://www.regulations.gov. Follow the instructions for “Comment or Submission” or “More Search Options” to find the information collection document(s) that are accepting comments.

    2. By regular mail. You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: Document Identifier/OMB Control Number ______, Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850.

    To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following:

    1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.

    2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to [email protected]

    3. Call the Reports Clearance Office at (410) 786-1326.

    FOR FURTHER INFORMATION CONTACT:

    Reports Clearance Office at (410) 786-1326.

    SUPPLEMENTARY INFORMATION: Contents

    This notice sets out a summary of the use and burden associated with the following information collections. More detailed information can be found in each collection's supporting statement and associated materials (see ADDRESSES).

    CMS-179 State Plan Under Title XIX of the Social Security Act (Base Plan Pages, Attachments, Supplements to Attachments)

    Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA requires federal agencies to publish a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice.

    Information Collection

    1. Type of Information Collection Request: Extension of a currently approved collection; Title of Information Collection: Medicaid State Plan Base Plan Pages; Use: State Medicaid agencies complete the plan pages while we review the information to determine if the state has met all of the requirements of the provisions the states choose to implement. If the requirements are met, we will approve the amendments to the state's Medicaid plan giving the state the authority to implement the flexibilities. For a state to receive Medicaid Title XIX funding, there must be an approved Title XIX state plan. Form Number: CMS-179 (OMB control number 0938-0193); Frequency: Occasionally; Affected Public: State, Local, and Tribal Governments; Number of Respondents: 56; Total Annual Responses: 1,120; Total Annual Hours: 22,400. (For policy questions regarding this collection contact Annette Pearson at 410-786-6958.)

    Dated: April 15, 2015. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.
    [FR Doc. 2015-09008 Filed 4-17-15; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-855R, CMS-10394, CMS-10371, CMS-10472 and CMS-10494] Agency Information Collection Activities: Submission for OMB Review; Comment Request ACTION:

    Notice.

    SUMMARY:

    The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    DATES:

    Comments on the collection(s) of information must be received by the OMB desk officer by May 20, 2015.

    ADDRESSES:

    When commenting on the proposed information collections, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be received by the OMB desk officer via one of the following transmissions: OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk Officer, Fax Number: (202) 395-5806 OR, Email: [email protected]

    To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following:

    1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.

    2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to [email protected]

    3. Call the Reports Clearance Office at (410) 786-1326.

    FOR FURTHER INFORMATION CONTACT:

    Reports Clearance Office at (410) 786-1326.

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to publish a 30-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice that summarizes the following proposed collection(s) of information for public comment:

    1. Type of Information Collection Request: Revision of a currently approved collection; Title of Information Collection: Medicare Enrollment Application: Reassignment of Medicare Benefits; Use: The primary function of the CMS 855R enrollment application is to allow physicians and non-physician practitioners to reassign their Medicare benefits to a group practice and to gather information from the individual that tells us who he/she is, where he or she renders services, and information necessary to establish correct claims payment. The goal of periodically evaluating and revising the CMS-855R enrollment application is to simplify and clarify the information collection without jeopardizing our need to collect specific information. At this time, CMS is making very few minor revisions to the CMS-855R (Reassignment of Benefits) Medicare enrollment application (OMB No. 0938-1179). Two sections within the form are being reversed to maintain sync with online and paper forms. The previously approved CMS 855R section 2 collected information regarding the individual practitioner who is reassigning benefits and section 3 collected information regarding the organization/group receiving the reassigned benefits. These two sections have been reversed so that section 2 now collects information on the regarding the organization/group receiving the reassigned benefits and section 3 now collects information on the individual practitioner who is reassigning benefits. No information or data collection within these sections was revised. The sections were merely re-sequenced and re-numbered to maintain sync between online and paper forms. With the exception of this section reversal and adding the word “optional” to sections 4 and 5 (primary practice location and contact person information), there are no other revisions. These revisions offer no new data collection in this revision package. The addition of the optional choice in sections 4 and 5 could potentially reduce the burden to providers who choose not to complete either or both optional sections. Form Number: CMS-855R (OMB control number 0938-1179); Frequency: Occasionally; Affected Public: State, Local, or Tribal Governments, Private sector (For-profit and Not-for-profit institutions); Number of Respondents: 379,619; Total Annual Responses: 379,619; Total Annual Hours: 94,905. (For policy questions regarding this collection contact Kim McPhillips at 410-786-7278).

    2. Type of Information Collection Request: Extension of a currently approved collection; Title of Information Collection: Application to Be a Qualified Entity to Receive Medicare Data for Performance Measurement; Use: Section 10332 of the Patient Protection and Affordable Care Act (ACA) requires the Secretary to make standardized extracts of Medicare claims data under parts A, B, and D available to “qualified entities” for the evaluation of the performance of providers of services and suppliers. The statute provides the Secretary with discretion to establish criteria to determine whether an entity is qualified to use claims data to evaluate the performance of providers of services and suppliers. We are proposing at section 42 CFR 401.703 to evaluate an organization's eligibility across three areas: Organizational and governance capabilities, addition of claims data from other sources (as required in the statute), and data privacy and security. This is the application through which organizations will provide information to CMS to determine whether they will be approved as a qualified entity. Form Number: CMS-10394 (OMB control number: 0938-1144); Frequency: Occasionally; Affected Public: Private sector—Business or other for-profits and Not-for-profit institutions; Number of Respondents: 35; Total Annual Responses: 35; Total Annual Hours: 6,833. (For policy questions regarding this collection contact Kari Gaare at 410-786-8612).

    3. Type of Information Collection Request: Revision of a currently approved information collection; Title of Information Collection: Cooperative Agreements to Support Establishment of State-Operated Health Insurance Exchanges; Use: All States (including the 50 States, consortia of States, and the District of Columbia herein referred to as States) had the opportunity under section 1311(b) of the Affordable Care to apply for three types of grants: (1) Planning grants; (2) Early Innovator grants for early development of information technology; and (3) Establishment grants to develop, implement and start-up Marketplaces. As of January 1st, 2015, the Secretary has disbursed over $5.4 billion under this grant program and, as of that date, there were 79 active establishment grants awarded to 28 states. As the State-Based Marketplaces (SBM) and Small Business Health Options Program (SHOP) have matured and moved from the developmental phases to full-operation, the reporting requirements for the states have been modified and streamlined to insure only information necessary to provide effective oversight of their operations by CMS is collected.

    Given the innovative nature of Exchanges and the statutorily-prescribed relationship between the Secretary and States in their development and operation, it is critical that the Secretary work closely with States to provide necessary guidance and technical assistance to ensure that States can meet the prescribed timelines, federal requirements, and goals of the statute and the grants awarded to them. Form Number: CMS-10371 (OMB control number: 0938-1119); Frequency: Once; Affected Public: State Government agencies, Private sector (Not-for-profit institutions); Number of Respondents: 28; Number of Responses: 48; Total Annual Hours: 31,404. (For policy questions regarding this collection, contact Dena Puskin at (301) 492-4342.)

    4. Type of Information Collection Request: Revision of a previously approved information collection; Title of Information Collection: Exchange Functions: Standards for Navigators and Non-Navigator Assistance Personnel; Use: Section 1321(a)(1) of the Affordable Care Act directs and authorizes the Secretary to issue regulations setting standards for meeting the requirements under title I of the Affordable Care Act, with respect to, among other things, the establishment and operation of Exchanges. Pursuant to this authority, regulations have been finalized at 45 CFR 155.215(b)(1) to require Navigators, as well as those non-Navigator personnel to whom 45 CFR 155.215 applies, requires completion of HHS approved training for initial certification and annual recertification prior to providing application and enrollment assistance. The training will include an optional training quality survey providing Navigators and non-Navigator assistance personnel to whom 45 CFR 155.215 applies, an opportunity to provide feedback to CMS regarding the training and any improvements that can be made in the future. Form Number: CMS-10472 (OMB control number. 0938-1220); Frequency: On Occasion; Affected Public: State, Local, or Tribal Governments, Private sector (Not-for-profit institutions), Individuals or Households; Number of Respondents: 5,610; Number of Responses: 5,610; Total Annual Hours: 37,036. (For policy questions regarding this collection, contact Heather Raeburn at 301-492-4224.)

    5. Type of Information Collection Request: Revision of a previously approved information collection; Title of Information Collection: Patient Protection and Affordable Care Act; Consumer Assistance Tools and Programs of an Exchange and Certified Application Counselors; Exchange and Insurance Market Standards for 2015; Use: Section 1321(a)(1) of the Affordable Care Act directs and authorizes the Secretary to issue regulations setting standards for meeting the requirements under title I of the Affordable Care Act, with respect to, among other things, the establishment and operation of Exchanges. Pursuant to this authority, regulations establishing the certified application counselor program have been finalized at 45 CFR 155.225. In accordance with 155.225(d)(1) and (7), certified application counselors in all Exchanges are required to be initially certified and recertified on at least an annual basis and successfully complete Exchange-required training. Form Number: CMS-10494 (OMB control number: 0938-1205); Frequency: On Occasion; Affected Public: State, Local, or Tribal Governments, Private sector (Not-for-profit institutions), Individuals or Households; Number of Respondents: 35,000; Number of Responses: 190,000; Total Annual Hours: 27,110. (For policy questions regarding this collection, contact Tricia Beckmann at 301-492-4328.)

    Dated: April 15, 2015. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.
    [FR Doc. 2015-09009 Filed 4-17-15; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Community Living Applications for New Awards; National Institute on Disability, Independent Living, and Rehabilitation Research—Rehabilitation Research and Training Centers AGENCY:

    Administration for Community Living, Department of Health and Human Services.

    ACTION:

    Notice.

    Overview Information: National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR)—Rehabilitation Research and Training Centers (RRTC)—Employer Practices Leading to Successful Employment Outcomes for Individuals with Disabilities.

    Notice inviting applications for new awards for fiscal year (FY) 2015.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.133B-1. DATES:

    Applications Available: April 20, 2015.

    Note:

    On July 22, 2014, President Obama signed the Workforce Innovation Opportunity Act (WIOA). WIOA was effective immediately. One provision of WIOA transferred the National Institute on Disability and Rehabilitation Research (NIDRR) from the Department of Education to the Administration for Community Living (ACL) in the Department of Health and Human Services. In addition, NIDRR's name was changed to the Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR). For FY 2015, all NIDILRR priority notices will be published as ACL notices, and ACL will make all NIDILRR awards. During this transition period, however, NIDILRR will continue to review grant applications using Department of Education tools. NIDILRR will post previously-approved application kits to grants.gov, and NIDILRR applications submitted to grants.gov will be forwarded to the Department of Education's G-5 system for peer review. We are using Department of Education application kits and peer review systems during this transition year in order to provide for a smooth and orderly process for our applicants.

    Date of Pre-Application Meeting: May 11, 2015.

    Deadline for Notice of Intent to Apply: May 26, 2015.

    Deadline for Transmittal of Applications: June 19, 2015.

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: The purpose of the Disability and Rehabilitation Research Projects and Centers Program is to plan and conduct research, demonstration projects, training, and related activities, including international activities to develop methods, procedures, and rehabilitation technology. The Program's activities are designed to maximize the full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities, especially individuals with the most severe disabilities, and to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended (Rehabilitation Act).

    Rehabilitation Research and Training Centers

    The purpose of the RRTCs, which are funded through the Disability and Rehabilitation Research Projects and Centers Program, is to achieve the goals of, and improve the effectiveness of, services authorized under the Rehabilitation Act through well-designed research, training, technical assistance, and dissemination activities in important topical areas as specified by NIDILRR. These activities are designed to benefit rehabilitation service providers, individuals with disabilities, family members, policymakers and other research stakeholders. Additional information on the RRTC program can be found at: http://www2.ed.gov/programs/rrtc/index.html#types.

    Priorities: There are two priorities for the grant competition announced in this notice. The General RRTC Requirements priority is from the notice of final priorities for the Rehabilitation Research and Training Centers, published in the Federal Register on February 1, 2008 (73 FR 6132). Priority two is from the notice of final priority for this program, published elsewhere in this issue of the Federal Register.

    Absolute Priorities: For FY 2015 and any subsequent year in which we make awards from the list of unfunded applicants from this competition, these priorities are absolute priorities. Under 45 CFR part 75 we consider only applications that meet these program priorities.

    These priorities are:

    Priority 1—General RRTC Requirements.

    Note:

    The full text of this priority is included in the notice of final priorities for the Rehabilitation Research and Training Centers, published in the Federal Register on February 1, 2008 (73 FR 6132) and in the application package for this competition.

    Priority 2—RRTC on Employer Practices Leading to Successful Employment Outcomes for Individuals with Disabilities.

    Note:

    The full text of this priority is included in the notice of final priority published elsewhere in this issue of the Federal Register and in the application package for this competition.

    Program Authority:

    29 U.S.C. 762(g) and 764(b)(2).

    Applicable Regulations: (a) The Department of Health and Human Services General Administrative Regulations in 45 CFR part 75; (b) Audit Requirements for Federal Awards in 45 CFR part 75 Subpart F; (c) 45 CFR part 75 Non-procurement Debarment and Suspension; (d) 45 CFR part 75 Requirement for Drug-Free Workplace (Financial Assistance); (e) The regulations for this program in 34 CFR part 350; (f) The notice of final priorities for the RRTC Program published in the Federal Register on February 1, 2008 (73 FR 6132); and (g) The notice of final priority for this program, published elsewhere in this issue of the Federal Register.

    II. Award Information

    Type of Award: Discretionary grants.

    Estimated Available Funds: $875,000.

    Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2015 and any subsequent year from the list of unfunded applicants from this competition.

    Maximum Award: $875,000.

    We will reject any application that proposes a budget exceeding the Maximum Amount for a single budget period of 12 months. The Administrator of the Administration for Community Living may change the maximum amount through a notice published in the Federal Register.

    Estimated Number of Awards: 1.

    The Department is not bound by any estimates in this notice.

    Project Period: 60 months.

    We will reject any application that proposes a project period exceeding 60 months. The Administrator of the Administration for Community Living may change the project period through a notice published in the Federal Register.

    III. Eligibility Information

    1. Eligible Applicants: States; public or private agencies, including for-profit agencies; public or private organizations, including for-profit organizations; IHEs; and Indian tribes and tribal organizations.

    2. Cost Sharing or Matching: This competition does not require cost sharing or matching.

    IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an application package via grants.gov, or by contacting Patricia Barrett: U.S. Department of Health and Human Services, 400 Maryland Avenue SW., room 5142, PCP, Washington, DC 20202-2700. Telephone: (202) 245-6211 or by email: [email protected]

    If you request an application from Patricia Barrett, be sure to identify this competition as follows: CFDA number 84.133B-1.

    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 the competition announced in this notice.

    Notice of Intent to Apply: Due to the open nature of the RRTC priority announced here, and to assist with the selection of reviewers for this competition, NIDILRR is requesting all potential applicants submit a letter of intent (LOI). The submission is not mandatory and the content of the LOI will not be peer reviewed or otherwise used to rate an applicant's application.

    Each LOI should be limited to a maximum of four pages and include the following information: (1) The title of the proposed project, the name of the applicant, the name of the Project Director or Principal Investigator (PI), and the names of partner institutions and entities; (2) a brief statement of the vision, goals, and objectives of the proposed project and a description of its proposed activities at a sufficient level of detail to allow NIDILRR to select potential peer reviewers; (3) a list of proposed project staff including the Project Director or PI and key personnel; (4) a list of individuals whose selection as a peer reviewer might constitute a conflict of interest due to involvement in proposal development, selection as an advisory board member, co-PI relationships, etc.; and (5) contact information for the Project Director or PI. Submission of a LOI is not a prerequisite for eligibility to submit an application.

    NIDILRR will accept the optional LOI via mail (through the U.S. Postal Service or commercial carrier) or email, by May 26, 2015. The LOI must be sent to: Patricia Barrett, U.S. Department of Health and Human Services, 550 12th Street SW., Room 5142, PCP, Washington, DC 20202; or by email to: [email protected]

    For further information regarding the LOI submission process, contact Patricia Barrett at (202) 245-6211.

    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. We recommend that you limit Part III to the equivalent of no more than 100 pages, using the following standards:

    • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides.

    • Double space (no more than three lines per vertical inch) all text in the application narrative. You are not required to double space titles, headings, footnotes, references, and captions, or text in charts, tables, figures, and graphs.

    • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch).

    • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial.

    The recommended page limit 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 one-page abstract, the resumes, the bibliography, or the letters of support. However, the recommended page limit does apply to all of the application narrative section (Part III).

    Note:

    Please submit an appendix that lists every collaborating organization and individual named in the application, including staff, consultants, contractors, and advisory board members. We will use this information to help us screen for conflicts of interest with our reviewers.

    An applicant should consult NIDRR's Long-Range Plan for Fiscal Years 2013-2017 (78 FR 20299) (Plan) when preparing its application. The Plan is organized around the following research domains: (1) Community Living and Participation; (2) Health and Function; and (3) Employment.

    3. Submission Dates and Times:

    Applications Available: April 20, 2015.

    Date of Pre-Application Meeting: Interested parties are invited to participate in a pre-application meeting and to receive information and technical assistance through individual consultation with NIDILRR staff. The pre-application meeting will be held on May 11, 2015. Interested parties may participate in this meeting by conference call with NIDILRR staff from the Administration for Community Living between 1:00 p.m. and 3:00 p.m., Washington, DC time. NIDILRR staff also will be available from 3:30 p.m. to 4:30 p.m., Washington, DC time, on the same day, by telephone, to provide information and technical assistance through individual consultation. For further information or to make arrangements to participate in the meeting via conference call or to arrange for an individual consultation, contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice.

    Deadline for Notice of Intent to Apply: May 26, 2015.

    Deadline for Transmittal of Applications: June 19, 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 delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 7. Other Submission Requirements of this notice.

    We do not consider an application that does not comply with the deadline requirements.

    Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.

    4. Intergovernmental Review: This program is not subject to Executive Order 12372.

    5. Funding Restrictions: 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 Health and Human Services, you must—

    a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);

    b. Register both your DUNS number and TIN with the System for Award Management (SAM) (formerly the Central Contractor Registry (CCR)), the Government's primary registrant database;

    c. Provide your DUNS number and TIN on your application; and

    d. Maintain an active SAM registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.

    You can obtain a DUNS number from Dun and Bradstreet. A DUNS number can be created within one-to-two business days.

    If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow two to five weeks for your TIN to become active.

    The SAM registration process can take approximately seven business days, but may take upwards of several weeks, depending on the completeness and accuracy of the data entered into the SAM database by an entity. Thus, if you think you might want to apply for Federal financial assistance under a program administered by the Department, please allow sufficient time to obtain and register your DUNS number and TIN. We strongly recommend that you register early.

    Note:

    Once your SAM registration is active, you will need to allow 24 to 48 hours for the information to be available in Grants.gov and before you can submit an application through Grants.gov.

    If you are currently registered with SAM, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your registration annually. This may take three or more business days.

    Information about SAM is available at www.SAM.gov. To further assist you with obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account, we have prepared a SAM.gov Tip Sheet, which you can find at: http://www2.ed.gov/fund/grant/apply/sam-faqs.html.

    In addition, if you are submitting your application via Grants.gov, you must: (1) Be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page: www.grants.gov/web/grants/register.html.

    7. Other Submission Requirements: Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications.

    Applications for grants under Employer Practices Leading to Successful Employment Outcomes for Individuals with Disabilities, CFDA Number 84.133B-1, 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 RRTC on Employer Practices Leading to Successful Employment Outcomes for Individuals with Disabilities competition atwww.Grants.gov. You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.133, not 84.133B).

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.

    • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at http://www.G5.gov.

    • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.

    • You must submit all documents electronically, including all information you typically provide on the following forms: The Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.

    • You must upload any narrative sections and all other attachments to your application as files in a PDF (Portable Document) read-only, non-modifiable format. Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF or submit a password-protected file, we will not review that material. Additional, detailed information on how to attach files is in the application instructions.

    • Your electronic application must comply with any page-limit requirements described in this notice.

    • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by email. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application).

    • We may request that you provide us original signatures on forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System: If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically. You also may mail your application by following the mailing instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under For Further Information Contact in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that the problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted.

    Note:

    The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because—

    • You do not have access to the Internet; or

    • You do not have the capacity to upload large documents to the Grants.gov system; and

    • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application.

    If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.

    Address and mail or fax your statement to: Patricia Barrett, U.S. Department of Health and Human Services, 400 Maryland Avenue SW., Room 5142, Potomac Center Plaza (PCP), Washington, DC 20202-2700. FAX: (202) 245-7323.

    Your paper application must be submitted in accordance with the mail instructions described in this notice.

    b. Submission of Paper Applications by Mail.

    If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.133B-1) 550 12th Street SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260.

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Administrator of the Administration for Community Living of the U.S. Department of Health and Human Services.

    If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    If your application is postmarked after the application deadline date, we will not consider your application.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    Note for Mail of Paper Applications

    If you mail your application to the Department—

    (1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the program under which you are submitting your application; and

    (2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. Selection Criteria: The selection criteria for this program are from 34 CFR 350.54 and are listed in the application package.

    2. Review and Selection Process: Final award decisions will be made by the Administrator, ACL. In making these decisions, the Administrator will take into consideration: Ranking of the review panel; reviews for programmatic and grants management compliance; the reasonableness of the estimated cost to the government considering the available funding and anticipated results; and the likelihood that the proposed project will result in the benefits expected. Under section 75.205, item (3) history of performance is an item that is reviewed.

    In addition, in making a competitive grant award, the Administrator of the Administration for Community Living 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 Health and Human Services 45 CFR part 75.

    3. Special Conditions: Under 45 CFR part 75 the Administrator of the Administration for Community Living may impose special conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 45 CFR part 75, as applicable; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

    VI. Award Administration Information

    1. Award Notices: If your application is successful, we send you a Notice of Award (NOA); or we may send you an email containing a link to access an electronic version of your NOA. We may notify you informally, also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the NOA. The NOA also incorporates your approved application as part of your binding commitments under the grant.

    3. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 45 CFR part 75 should you receive funding under the competition. This does not apply if you have an exception under 45 CFR part 75.

    (b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Administrator of the Administration for Community Living. 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 Administrator of the Administration for Community Living under 45 CFR part 75. All NIDILRR grantees will submit their annual and final reports through NIDILRR's online reporting system and as designated in the terms and conditions of your NOA. The Administrator of the Administration for Community Living may also require more frequent performance reports under 45 CFR part 75. For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

    (c) FFATA and FSRS Reporting

    The Federal Financial Accountability and Transparency Act (FFATA) requires data entry at the FFATA Subaward Reporting System (http://www.FSRS.gov) for all sub-awards and sub-contracts issued for $25,000 or more as well as addressing executive compensation for both grantee and sub-award organizations.

    For further guidance please see the following link: http://www.acl.gov/Funding_Opportunities/Grantee_Info/FFATA.aspx.

    If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information. Annual and Final Performance reports will be submitted through NIDILRR's online Performance System and as designated in the terms and conditions of your NOA. At the end of your project period, you must submit a final performance report, including financial information.

    Note: NIDILRR will provide information by letter to successful grantees on how and when to submit the report.

    4. Performance Measures: To evaluate the overall success of its research program, NIDILRR assesses the quality of its funded projects through a review of grantee performance and accomplishments. Each year, NIDILRR examines a portion of its grantees to determine:

    • The number of products (e.g., new or improved tools, methods, discoveries, standards, interventions, programs, or devices developed or tested with NIDILRR funding) that have been judged by expert panels to be of high quality and to advance the field.

    • The average number of publications per award based on NIDILRR-funded research and development activities in refereed journals.

    • The percentage of new NIDILRR grants that assess the effectiveness of interventions, programs, and devices using rigorous methods.

    NIDILRR uses information submitted by grantees as part of their Annual Performance Reports for these reviews.

    5. Continuation Awards: In making a continuation award, the Administrator of the Administration for Community Living may consider, under 45 CFR part 75, the extent to which a grantee has made “substantial progress toward meeting the objectives in its approved application.” This consideration includes the review of a grantee's progress in meeting the targets and projected outcomes in its approved application, and whether the grantee has expended funds in a manner that is consistent with its approved application and budget. In making a continuation grant, the Administrator 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. Continuation funding is also subject to availability of funds.

    VII. Agency Contact FOR FURTHER INFORMATION CONTACT:

    Patricia Barrett, U.S. Department of Health and Human Services, 400 Maryland Avenue SW., Room 5142, PCP, Washington, DC 20202-2700. Telephone: (202) 245-6211 or by email: [email protected]

    If you use a TDD or a TTY, call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    VIII. Other Information

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: April 15, 2015. John Tschida, Director, National Institute on Disability, Independent Living, and Rehabilitation Research.
    [FR Doc. 2015-09032 Filed 4-17-15; 8:45 am] BILLING CODE 4154-01--P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Community Living [CFDA Number: 84.133B-5] Final Priority: National Institute on Disability, Independent Living, and Rehabilitation Research—Rehabilitation Research and Training Centers AGENCY:

    Administration for Community Living, Department of Health and Human Services.

    ACTION:

    Final priority.

    SUMMARY:

    The Administrator of the Administration for Community Living announces a priority for the Rehabilitation Research and Training Center (RRTC) Program administered by the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR). Specifically, we announce a priority for an RRTC on Employment for Individuals with Blindness or other Visual Impairments. The Administrator of the Administration for Community Living may use this priority for competitions in fiscal year (FY) 2015 and later years. We take this action to focus research attention on an area of national need. We intend for this priority to contribute to improved employment for individuals with blindness or other visual impairments.

    DATES:

    Effective Date: This priority is effective May 20, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Patricia Barrett, U.S. Department of Health And Human Services, 400 Maryland Avenue SW., Room 5142, Potomac Center Plaza (PCP), Washington, DC 20202-2700. Telephone: (202) 245-6211 or by email: [email protected]

    If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    SUPPLEMENTARY INFORMATION:

    Purpose of Program: The purpose of the Disability and Rehabilitation Research Projects and Centers Program is to plan and conduct research, demonstration projects, training, and related activities, including international activities, to develop methods, procedures, and rehabilitation technology that maximize the full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities, especially individuals with the most severe disabilities, and to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended (Rehabilitation Act).

    Rehabilitation Research and Training Centers

    The purpose of the RRTCs, which are funded through the Disability and Rehabilitation Research Projects and Centers Program, is to achieve the goals of, and improve the effectiveness of, services authorized under the Rehabilitation Act through well-designed research, training, technical assistance, and dissemination activities in important topical areas as specified by NIDILRR. These activities are designed to benefit rehabilitation service providers, individuals with disabilities, family members, policymakers and other research stakeholders. Additional information on the RRTC program can be found at: http://www2.ed.gov/programs/rrtc/index.html#types.

    Program Authority:

    29 U.S.C. 762(g) and 764(b)(2)(A).

    Applicable Program Regulations: 34 CFR part 350.

    We published a notice of proposed priority (NPP) for this program in the Federal Register on February 25, 2015 (80 FR 10099). That notice contained background information and our reasons for proposing the particular priority.

    There are no differences between the proposed priority and this final priority.

    Public Comment: In response to our invitation in the notice of proposed priority we did not receive any comments on the proposed priority.

    Final Priority:

    The Administrator of the Administration for Community Living establishes a priority for an RRTC to conduct research on Employment for Individuals with Blindness or other Visual Impairments. The purpose of the proposed RRTC is to conduct research that generates new knowledge about the efficacy of rehabilitative services and technology used to support improved employment outcomes of individuals with blindness or other visual impairments, including subpopulations that are the focus of this priority.

    The RRTC must contribute to improving the employment outcomes of individuals with blindness or other visual impairments by:

    (a) Conducting research on the efficacy of rehabilitation services and technology used to enhance employment outcomes of individuals with blindness or other visual impairments. Outcomes must include but are not limited to obtaining employment, retention, promotion, and quality of salary and benefits. The RRTC must focus its research on the target population of individuals with blindness or other visual impairments, including at least one of the following subpopulations of particular concern: (1) Individuals who are deaf-blind; (2) individuals with blindness or low vision related to traumatic brain injury; and (3) transition-age young people with blindness or other visual impairments;

    (b) Generating new knowledge about how the outcomes of the services and technologies investigated in paragraph (a) vary with relevant variables such as service type, consumer characteristics, and provider characteristics;

    (c) Focusing its research on one or more specific stages of research. If the RRTC is to conduct research that can be categorized under more than one of the research stages, or research that progresses from one stage to another, those stages should be clearly justified. (These stages and their definitions are provided at the end of the background statement section of the notice of proposed priority published in the Federal Register on February 25, 2015 (80 FR 10099));

    (d) Serving as a national resource center related to employment for individuals with blindness or other visual impairments, their families, and other stakeholders by conducting knowledge translation, technical assistance, and training activities;

    (e) Disseminating research-based information and materials related to improving the quality of services to individuals with blindness or other visual impairments; and

    (f) Involving key stakeholder groups in the activities conducted under paragraphs (a) and (b) of this priority to promote the new knowledge generated by the RRTC.

    Types of Priorities

    When inviting applications for a competition using one or more priorities, we designate the type of each priority as absolute, competitive preference, or invitational through a notice in the Federal Register. The effect of each type of priority follows:

    Absolute priority: Under an absolute priority, we consider only applications that meet the priority (34 CFR 75.105(c)(3)).

    Competitive preference priority: Under a competitive preference priority, we give competitive preference to an application by: (1) Awarding additional points, depending on the extent to which the application meets the priority (45 CFR part 75); or (2) selecting an application that meets the priority over an application of comparable merit that does not meet the priority (45 CFR part 75).

    Invitational priority: Under an invitational priority, we are particularly interested in applications that meet the priority. However, we do not give an application that meets the priority a preference over other applications (45 CFR part 75).

    This notice does not preclude us from proposing additional priorities, requirements, definitions, or selection criteria, subject to meeting applicable rulemaking requirements.

    Note:

    This notice does not solicit applications. In any year in which we choose to use this priority, we invite applications through a notice in the Federal Register.

    Executive Orders 12866 and 13563 Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether this regulatory action is “significant” and, therefore, subject to the requirements of the Executive order and subject to review by the Office of Management and Budget (OMB). Section 3(f) of Executive Order 12866 defines a “significant regulatory action” as an action likely to result in a rule that may—

    (1) Have an annual effect on the economy of $100 million or more, or adversely affect a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities in a material way (also referred to as an “economically significant” rule);

    (2) Create serious inconsistency or otherwise interfere with an action taken or planned by another agency;

    (3) Materially alter the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

    (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles stated in the Executive order.

    This final regulatory action is not a significant regulatory action subject to review by OMB under section 3(f) of Executive Order 12866.

    We have also reviewed this final regulatory action under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, Executive Order 13563 requires that an agency—

    (1) Propose or adopt regulations only upon a reasoned determination that their benefits justify their costs (recognizing that some benefits and costs are difficult to quantify);

    (2) Tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives and taking into account—among other things and to the extent practicable—the costs of cumulative regulations;

    (3) In choosing among alternative regulatory approaches, select those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity);

    (4) To the extent feasible, specify performance objectives, rather than the behavior or manner of compliance a regulated entity must adopt; and

    (5) Identify and assess available alternatives to direct regulation, including economic incentives—such as user fees or marketable permits—to encourage the desired behavior, or provide information that enables the public to make choices.

    Executive Order 13563 also requires an agency “to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible.” The Office of Information and Regulatory Affairs of OMB has emphasized that these techniques may include “identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes.”

    We are issuing this final priority only on a reasoned determination that its benefits justify its costs. In choosing among alternative regulatory approaches, we selected those approaches that maximize net benefits. Based on the analysis that follows, the Administration for Community Living (ACL), Department of Health and Human Services believes that this regulatory action is consistent with the principles in Executive Order 13563.

    We also have determined that this regulatory action does not unduly interfere with State, local, and tribal governments in the exercise of their governmental functions.

    In accordance with both Executive orders, ACL assessed the potential costs and benefits, both quantitative and qualitative, of this regulatory action. The potential costs are those resulting from statutory requirements and those we have determined as necessary for administering the ACL's programs and activities.

    The benefits of the Disability and Rehabilitation Research Projects and Centers Program have been well established over the years, as projects similar to the one envisioned by the final priority have been completed successfully, and the proposed priority will generate new knowledge through research. The new RRTC will generate, disseminate, and promote the use of new information that would improve outcomes for individuals with disabilities in the areas of community living and participation, employment, and health and function.

    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 ACL 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 14, 2015. John Tschida, Director, National Institute on Disability, Independent Living, and Rehabilitation Research.
    [FR Doc. 2015-09016 Filed 4-17-15; 8:45 am] BILLING CODE 4154-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Community Living Final Priority: National Institute on Disability, Independent Living, and Rehabilitation Research—Rehabilitation Research and Training Centers AGENCY:

    Administration for Community Living, Department of Health and Human Services.

    ACTION:

    Final priority.

    [CFDA Number: 84.133B-3] SUMMARY:

    The Administrator of the Administration for Community Living announces a priority for the Rehabilitation Research and Training Center (RRTC) Program administered by the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR). Specifically, we announce a priority for an RRTC on Employment Policy and Measurement. The Administrator of the Administration for Community Living may use this priority for competitions in fiscal year (FY) 2015 and later years. We take this action to focus research attention on an area of national need. We intend for this priority to contribute to improved employment outcomes for individuals with disabilities.

    DATES:

    Effective Date: This priority is effective May 20, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Patricia Barrett, U.S. Department of Health and Human Services, 400 Maryland Avenue SW., Room 5142, Potomac Center Plaza (PCP), Washington, DC 20202-2700. Telephone: (202) 245-6211 or by email: [email protected]

    If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    SUPPLEMENTARY INFORMATION:

    Purpose of Program: The purpose of the Disability and Rehabilitation Research Projects and Centers Program is to plan and conduct research, demonstration projects, training, and related activities, including international activities, to develop methods, procedures, and rehabilitation technology that maximize the full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities, especially individuals with the most severe disabilities, and to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended (Rehabilitation Act).

    Rehabilitation Research and Training Centers

    The purpose of the RRTCs, which are funded through the Disability and Rehabilitation Research Projects and Centers Program, is to achieve the goals of, and improve the effectiveness of, services authorized under the Rehabilitation Act through well-designed research, training, technical assistance, and dissemination activities in important topical areas as specified by NIDILRR. These activities are designed to benefit rehabilitation service providers, individuals with disabilities, family members, policymakers and other research stakeholders. Additional information on the RRTC program can be found at: http://www2.ed.gov/programs/rrtc/index.html#types.

    Program Authority:

    29 U.S.C. 762(g) and 764(b)(2)(A).

    Applicable Program Regulations: 34 CFR part 350.

    We published a notice of proposed priority (NPP) for this program in the Federal Register on February 25, 2015 (80 FR 10099). That notice contained background information and our reasons for proposing the particular priority.

    There are no differences between the proposed priority and this final priority.

    Public Comment: In response to our invitation in the notice of proposed priority we did not receive any comments on the proposed priority.

    Final Priority

    The Administrator of the Administration for Community Living establishes a priority for an RRTC on Employment Policy and Measurement. The purpose of the proposed RRTC on Employment Policy and Measurement (RRTC-EPM) is to investigate the impact of Federal and State policies and programs on employment of individuals with disabilities, paying particular attention to the effects of program interactions. The RRTC-EPM will also examine new ways of measuring employment outcomes and facilitate the translation of research findings to guide policymaking and program administration. Applicants must identify targeted research questions in response to the problems identified below and propose rigorous research methodologies to answer these questions. Of particular interest is research that investigates the interaction between the Affordable Care Act (ACA), Social Security Disability Insurance (SSDI), and employment. The desired outcome of this investment is new knowledge about the effect of new or existing policies on employment-related decision-making of individuals with disabilities, and ultimately on rates and quality of employment by these individuals.

    The RRTC must contribute to improving the employment outcomes of individuals with disabilities by:

    (a) Generating new knowledge about the effects of program interactions on employment outcomes of individuals with disabilities, including but not necessarily limited to the interaction between Social Security disability benefit programs and the ACA. Specifically, the RRTC must generate new knowledge of the potential impacts of varied policy scenarios regarding the SSDI trust fund exhaustion on the employment and economic outcomes of individuals with disabilities.

    (b) Developing reliable and valid methods of measuring employment outcomes for people with disabilities;

    (c) Serving as a national resource center on policy issues that impact employment outcomes of individuals with disabilities, and

    (d) Increasing incorporation of research findings from the RRTC into practice or policy by:

    (1) Collaborating with stakeholder groups to develop, evaluate, or implement strategies to increase utilization of research findings;

    (2) Conducting training and dissemination activities to facilitate the utilization of research findings by policymakers, employers, and individuals with disabilities; (3) Providing technical assistance to facilitate use of information produced by the RRTC research; and

    (4) Collaborating and sharing information with other agencies across the Federal government. In addition, the RRTC must collaborate with appropriate NIDILRR-funded grantees, including knowledge translation grantees and grantees involved with employment research.

    Types of Priorities

    When inviting applications for a competition using one or more priorities, we designate the type of each priority as absolute, competitive preference, or invitational through a notice in the Federal Register. The effect of each type of priority follows:

    Absolute priority: Under an absolute priority, we consider only applications that meet the priority (45 CFR part 75).

    Competitive preference priority: Under a competitive preference priority, we give competitive preference to an application by: (1) Awarding additional points, depending on the extent to which the application meets the priority (45 CFR part 75); or (2) selecting an application that meets the priority over an application of comparable merit that does not meet the priority (45 CFR part 75).

    Invitational priority: Under an invitational priority, we are particularly interested in applications that meet the priority. However, we do not give an application that meets the priority a preference over other applications (45 CFR part 75).

    This notice does not preclude us from proposing additional priorities, requirements, definitions, or selection criteria, subject to meeting applicable rulemaking requirements.

    Note:

    This notice does not solicit applications. In any year in which we choose to use this priority, we invite applications through a notice in the Federal Register.

    Executive Orders 12866 and 13563 Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether this regulatory action is “significant” and, therefore, subject to the requirements of the Executive order and subject to review by the Office of Management and Budget (OMB). Section 3(f) of Executive Order 12866 defines a “significant regulatory action” as an action likely to result in a rule that may—

    (1) Have an annual effect on the economy of $100 million or more, or adversely affect a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities in a material way (also referred to as an “economically significant” rule);

    (2) Create serious inconsistency or otherwise interfere with an action taken or planned by another agency;

    (3) Materially alter the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

    (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles stated in the Executive order.

    This final regulatory action is not a significant regulatory action subject to review by OMB under section 3(f) of Executive Order 12866.

    We have also reviewed this final regulatory action under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, Executive Order 13563 requires that an agency—

    (1) Propose or adopt regulations only upon a reasoned determination that their benefits justify their costs (recognizing that some benefits and costs are difficult to quantify);

    (2) Tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives and taking into account—among other things and to the extent practicable—the costs of cumulative regulations;

    (3) In choosing among alternative regulatory approaches, select those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity);

    (4) To the extent feasible, specify performance objectives, rather than the behavior or manner of compliance a regulated entity must adopt; and

    (5) Identify and assess available alternatives to direct regulation, including economic incentives—such as user fees or marketable permits—to encourage the desired behavior, or provide information that enables the public to make choices.

    Executive Order 13563 also requires an agency “to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible.” The Office of Information and Regulatory Affairs of OMB has emphasized that these techniques may include “identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes.”

    We are issuing this final priority only on a reasoned determination that its benefits justify its costs. In choosing among alternative regulatory approaches, we selected those approaches that maximize net benefits. Based on the analysis that follows, the Administration for Community Living (ACL), Department of Health and Human Services believes that this regulatory action is consistent with the principles in Executive Order 13563.

    We also have determined that this regulatory action does not unduly interfere with State, local, and tribal governments in the exercise of their governmental functions.

    In accordance with both Executive orders, ACL assessed the potential costs and benefits, both quantitative and qualitative, of this regulatory action. The potential costs are those resulting from statutory requirements and those we have determined as necessary for administering the ACL's programs and activities.

    The benefits of the Disability and Rehabilitation Research Projects and Centers Program have been well established over the years, as projects similar to the one envisioned by the final priority have been completed successfully, and the proposed priority will generate new knowledge through research. The new RRTC will generate, disseminate, and promote the use of new information that would improve outcomes for individuals with disabilities in the areas of community living and participation, employment, and health and function.

    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 ACL 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 14, 2015. John Tschida, Director, National Institute on Disability, Independent Living, and Rehabilitation Research.
    [FR Doc. 2015-09028 Filed 4-17-15; 8:45 am] BILLING CODE 41050-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Community Living [CFDA Number: 84.133B-1] Final Priority: National Institute on Disability, Independent Living, and Rehabilitation Research—Rehabilitation Research and Training Centers AGENCY:

    Administration for Community Living, Department of Health and Human Services.

    ACTION:

    Final priority.

    SUMMARY:

    The Administrator of the Administration for Community Living announces a priority for the Rehabilitation Research and Training Center (RRTC) Program administered by the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR). Specifically, we announce a priority for an RRTC on Employer Practices Leading to Successful Employment Outcomes for Individuals with Disabilities. The Administrator of the Administration for Community Living may use this priority for competitions in fiscal year (FY) 2015 and later years. We take this action to focus research attention on an area of national need. We intend for this priority to contribute to improved employment practices and successful employment outcomes for individuals with disabilities.

    DATES:

    Effective Date: This priority is effective May 20, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Patricia Barrett, U.S. Department of Health And Human Services, 400 Maryland Avenue SW., Room 5142, Potomac Center Plaza (PCP), Washington, DC 20202-2700. Telephone: (202) 245-6211 or by email: [email protected]

    If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    SUPPLEMENTARY INFORMATION:

    Purpose of Program: The purpose of the Disability and Rehabilitation Research Projects and Centers Program is to plan and conduct research, demonstration projects, training, and related activities, including international activities, to develop methods, procedures, and rehabilitation technology that maximize the full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities, especially individuals with the most severe disabilities, and to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended (Rehabilitation Act).

    Rehabilitation Research and Training Centers

    The purpose of the RRTCs, which are funded through the Disability and Rehabilitation Research Projects and Centers Program, is to achieve the goals of, and improve the effectiveness of, services authorized under the Rehabilitation Act through well-designed research, training, technical assistance, and dissemination activities in important topical areas as specified by NIDILRR. These activities are designed to benefit rehabilitation service providers, individuals with disabilities, family members, policymakers and other research stakeholders. Additional information on the RRTC program can be found at: http://www2.ed.gov/programs/rrtc/index.html#types.

    Program Authority:

    29 U.S.C. 762(g) and 764(b)(2)(A).

    Applicable Program Regulations: 34 CFR part 350.

    We published a notice of proposed priority (NPP) for this program in the Federal Register on February 25, 2015 (80 FR 10099). That notice contained background information and our reasons for proposing the particular priority.

    There are no differences between the proposed priority and this final priority.

    Public Comment: In response to our invitation in the notice of proposed priority we did not receive any comments on the proposed priority.

    Final Priority

    The Administrator of the Administration for Community Living establishes a priority for an RRTC to conduct research on Employer Practices Leading to Successful Employment Outcomes for Individuals with Disabilities.

    The purpose of the RRTC is to generate new knowledge about effective employer practices that support successful employment outcomes for individuals with disabilities. The RRTC must contribute to improving the employment outcomes of individuals with disabilities by:

    (a) Identifying promising employer practices most strongly associated with desired employment outcomes for individuals with disabilities as well as the prevalence of these practices. Practices should include those related to the hiring, retention, and advancement of individuals with disabilities.

    (b) Developing measures of employment outcomes that include hiring, retention, and advancement of individuals with disabilities. These measures must be developed for use by employers and other stakeholders. These measures may also include employment quality, such as, but not limited to, earnings, full- or part-time employment, or opportunities for on-the-job training. In developing these measures, the RRTC must collaborate with the NIDILRR-funded RRTC on Employment Policy and Measurement.

    (c) Generating new knowledge of the effectiveness of promising employer practices by identifying or developing, and then implementing and evaluating pilot workplace program(s) based on practices identified in (a). This work should be conducted in employment settings in collaboration with employers, and should include:

    (1) Implementation of practices that are particularly likely to be effective in improving employment outcomes for individuals with disabilities;

    (2) Implementation of practices among different types of employers (e.g., small v. large employers, private v. public sector employers);

    (3) Collection of data using, but not limited to, outcome measures from (b) above.

    (d) Focusing its research on one or more specific stages of research. If the RRTC is to conduct research that can be categorized under more than one of the research stages, or research that progresses from one stage to another, those stages should be clearly justified. (These stages and their definitions are provided at the end of the background statement section of the notice of proposed priority published in the Federal Register on February 25, 2015 (80 FR 10099).)

    (e) Serving as a national resource center related to employment for individuals with disabilities, their families, and other stakeholders by conducting knowledge translation activities that include, but are not limited to:

    (1) Providing information and technical assistance to employers, employment service providers, employer groups, individuals with disabilities and their representatives, and other key stakeholders;

    (2) Providing training, including graduate, pre-service, and in-service training, to employers and employer groups, to facilitate more effective employer practices for individuals with disabilities. This training may be provided through conferences, workshops, public education programs, in-service training programs, and similar activities;

    (3) Disseminating research-based information and materials related to increasing employment levels for individuals with disabilities; and

    (4) Involving key stakeholder groups in the activities conducted under paragraphs (a) and (b) of this priority to promote the new knowledge generated by the RRTC.

    Types of Priorities

    When inviting applications for a competition using one or more priorities, we designate the type of each priority as absolute, competitive preference, or invitational through a notice in the Federal Register. The effect of each type of priority follows:

    Absolute priority: Under an absolute priority, we consider only applications that meet the priority (45 CFR part 75).

    Competitive preference priority: Under a competitive preference priority, we give competitive preference to an application by: (1) Awarding additional points, depending on the extent to which the application meets the priority (45 CFR part 75); or (2) selecting an application that meets the priority over an application of comparable merit that does not meet the priority (45 CFR part 75).

    Invitational priority: Under an invitational priority, we are particularly interested in applications that meet the priority. However, we do not give an application that meets the priority a preference over other applications (45 CFR part 75).

    This notice does not preclude us from proposing additional priorities, requirements, definitions, or selection criteria, subject to meeting applicable rulemaking requirements.

    Note:

    This notice does not solicit applications. In any year in which we choose to use this priority, we invite applications through a notice in the Federal Register.

    Executive Orders 12866 and 13563 Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether this regulatory action is “significant” and, therefore, subject to the requirements of the Executive order and subject to review by the Office of Management and Budget (OMB). Section 3(f) of Executive Order 12866 defines a “significant regulatory action” as an action likely to result in a rule that may—

    (1) Have an annual effect on the economy of $100 million or more, or adversely affect a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities in a material way (also referred to as an “economically significant” rule);

    (2) Create serious inconsistency or otherwise interfere with an action taken or planned by another agency;

    (3) Materially alter the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

    (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles stated in the Executive order.

    This final regulatory action is not a significant regulatory action subject to review by OMB under section 3(f) of Executive Order 12866.

    We have also reviewed this final regulatory action under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, Executive Order 13563 requires that an agency—

    (1) Propose or adopt regulations only upon a reasoned determination that their benefits justify their costs (recognizing that some benefits and costs are difficult to quantify);

    (2) Tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives and taking into account—among other things and to the extent practicable—the costs of cumulative regulations;

    (3) In choosing among alternative regulatory approaches, select those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity);

    (4) To the extent feasible, specify performance objectives, rather than the behavior or manner of compliance a regulated entity must adopt; and

    (5) Identify and assess available alternatives to direct regulation, including economic incentives—such as user fees or marketable permits—to encourage the desired behavior, or provide information that enables the public to make choices.

    Executive Order 13563 also requires an agency “to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible.” The Office of Information and Regulatory Affairs of OMB has emphasized that these techniques may include “identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes.”

    We are issuing this final priority only on a reasoned determination that its benefits justify its costs. In choosing among alternative regulatory approaches, we selected those approaches that maximize net benefits. Based on the analysis that follows, the Administration for Community Living (ACL), Department of Health and Human Services believes that this regulatory action is consistent with the principles in Executive Order 13563.

    We also have determined that this regulatory action does not unduly interfere with State, local, and tribal governments in the exercise of their governmental functions.

    In accordance with both Executive orders, ACL assessed the potential costs and benefits, both quantitative and qualitative, of this regulatory action. The potential costs are those resulting from statutory requirements and those we have determined as necessary for administering the ACL's programs and activities.

    The benefits of the Disability and Rehabilitation Research Projects and Centers Program have been well established over the years, as projects similar to the one envisioned by the final priority have been completed successfully, and the proposed priority will generate new knowledge through research. The new RRTC will generate, disseminate, and promote the use of new information that would improve outcomes for individuals with disabilities in the areas of community living and participation, employment, and health and function.

    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 ACL 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 14, 2015. John Tschida, Director, National Institute on Disability, Independent Living, and Rehabilitation Research.
    [FR Doc. 2015-09034 Filed 4-17-15; 8:45 am] BILLING CODE 4154-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Community Living Applications for New Awards; National Institute on Disability, Independent Living, and Rehabilitation Research—Rehabilitation Research and Training Centers AGENCY:

    Administration for Community Living, Department of Health and Human Services.

    ACTION:

    Notice.

    Overview Information:

    National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR)—Rehabilitation Research and Training Centers (RRTC)—Employment Policy and Measurement

    Notice inviting applications for new awards for fiscal year (FY) 2015.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.133B-3. DATES:

    Applications Available: April 20, 2015.

    Note:

    On July 22, 2014, President Obama signed the Workforce Innovation Opportunity Act (WIOA). WIOA was effective immediately. One provision of WIOA transferred the National Institute on Disability and Rehabilitation Research (NIDRR) from the Department of Education to the Administration for Community Living (ACL) in the Department of Health and Human Services. In addition, NIDRR's name was changed to the Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR). For FY 2015, all NIDILRR priority notices will be published as ACL notices, and ACL will make all NIDILRR awards. During this transition period, however, NIDILRR will continue to review grant applications using Department of Education tools. NIDILRR will post previously-approved application kits to grants.gov, and NIDILRR applications submitted to grants.gov will be forwarded to the Department of Education's G-5 system for peer review. We are using Department of Education application kits and peer review systems during this transition year in order to provide for a smooth and orderly process for our applicants.

    Date of Pre-Application Meeting: May 11, 2015.

    Deadline for Notice of Intent to Apply: May 26, 2015.

    Deadline for Transmittal of Applications: June 19, 2015.

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: The purpose of the Disability and Rehabilitation Research Projects and Centers Program is to plan and conduct research, demonstration projects, training, and related activities, including international activities to develop methods, procedures, and rehabilitation technology. The Program's activities are designed to maximize the full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities, especially individuals with the most severe disabilities, and to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended (Rehabilitation Act).

    Rehabilitation Research and Training Centers

    The purpose of the RRTCs, which are funded through the Disability and Rehabilitation Research Projects and Centers Program, is to achieve the goals of, and improve the effectiveness of, services authorized under the Rehabilitation Act through well-designed research, training, technical assistance, and dissemination activities in important topical areas as specified by NIDILRR. These activities are designed to benefit rehabilitation service providers, individuals with disabilities, family members, policymakers and other research stakeholders. Additional information on the RRTC program can be found at: http://www2.ed.gov/programs/rrtc/index.html#types.

    Priorities: There are two priorities for the grant competition announced in this notice. The General RRTC Requirements priority is from the notice of final priorities for the Rehabilitation Research and Training Centers, published in the Federal Register on February 1, 2008 (73 FR 6132). Priority two is from the notice of final priority for this program, published elsewhere in this issue of the Federal Register.

    Absolute Priorities: For FY 2015 and any subsequent year in which we make awards from the list of unfunded applicants from this competition, these priorities are absolute priorities. Under 45 CFR part 75 we consider only applications that meet these program priorities.

    These priorities are:

    Priority 1—General RRTC Requirements.

    Note:

    The full text of this priority is included in the notice of final priorities for the Rehabilitation Research and Training Centers, published in the Federal Register on February 1, 2008 (73 FR 6132) and in the application package for this competition.

    Priority 2—RRTC on Employment Policy and Measurement.

    Note:

    The full text of this priority is included in the notice of final priority published elsewhere in this issue of the Federal Register and in the application package for this competition.

    Program Authority:

    29 U.S.C. 762(g) and 764(b)(2).

    Applicable Regulations: (a) The Department of Health and Human Services General Administrative Regulations in 45 CFR part 75; (b) Audit Requirements for Federal Awards in 45 CFR part 75, subpart F; (c) 45 CFR part 75 Non-procurement Debarment and Suspension; (d) 45 CFR part 75 Requirement for Drug-Free Workplace (Financial Assistance); (e) The regulations for this program in 34 CFR part 350; (f) The notice of final priorities for the RRTC Program published in the Federal Register on February 1, 2008 (73 FR 6132); and (g) The notice of final priority for this program, published elsewhere in this issue of the Federal Register.

    II. Award Information

    Type of Award: Discretionary grants.

    Estimated Available Funds: $875,000.

    Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2015 and any subsequent year from the list of unfunded applicants from this competition.

    Maximum Award: $875,000.

    We will reject any application that proposes a budget exceeding the Maximum Amount for a single budget period of 12 months. The Administrator of the Administration for Community Living may change the maximum amount through a notice published in the Federal Register.

    Estimated Number of Awards: 1.

    The Department is not bound by any estimates in this notice.

    Project Period: 60 months.

    We will reject any application that proposes a project period exceeding 60 months. The Administrator of the Administration for Community Living may change the project period through a notice published in the Federal Register.

    III. Eligibility Information

    1. Eligible Applicants: States; public or private agencies, including for-profit agencies; public or private organizations, including for-profit organizations; IHEs; and Indian tribes and tribal organizations.

    2. Cost Sharing or Matching: This competition does not require cost sharing or matching.

    IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an application package via grants.gov, or by contacting Patricia Barrett: U.S. Department of Health and Human Services, 400 Maryland Avenue SW., room 5142, PCP, Washington, DC 20202-2700. Telephone: (202) 245-6211 or by email: [email protected]

    If you request an application from Patricia Barrett, be sure to identify this competition as follows: CFDA number 84.133B-3.

    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 the competition announced in this notice.

    Notice of Intent to Apply: Due to the open nature of the RRTC priority announced here, and to assist with the selection of reviewers for this competition, NIDILRR is requesting all potential applicants submit a letter of intent (LOI). The submission is not mandatory and the content of the LOI will not be peer reviewed or otherwise used to rate an applicant's application.

    Each LOI should be limited to a maximum of four pages and include the following information: (1) The title of the proposed project, the name of the applicant, the name of the Project Director or Principal Investigator (PI), and the names of partner institutions and entities; (2) a brief statement of the vision, goals, and objectives of the proposed project and a description of its proposed activities at a sufficient level of detail to allow NIDILRR to select potential peer reviewers; (3) a list of proposed project staff including the Project Director or PI and key personnel; (4) a list of individuals whose selection as a peer reviewer might constitute a conflict of interest due to involvement in proposal development, selection as an advisory board member, co-PI relationships, etc.; and (5) contact information for the Project Director or PI. Submission of a LOI is not a prerequisite for eligibility to submit an application.

    NIDILRR will accept the optional LOI via mail (through the U.S. Postal Service or commercial carrier) or email, by May 26, 2015. The LOI must be sent to: Patricia Barrett, U.S. Department of Health and Human Services, 550 12th Street, SW., Room 5142, PCP, Washington, DC 20202; or by email to: [email protected]

    For further information regarding the LOI submission process, contact Patricia Barrett at (202) 245-6211.

    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. We recommend that you limit Part III to the equivalent of no more than 100 pages, using the following standards:

    • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides.

    • Double space (no more than three lines per vertical inch) all text in the application narrative. You are not required to double space titles, headings, footnotes, references, and captions, or text in charts, tables, figures, and graphs.

    • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch).

    • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial.

    The recommended page limit 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 one-page abstract, the resumes, the bibliography, or the letters of support. However, the recommended page limit does apply to all of the application narrative section (Part III).

    Note:

    Please submit an appendix that lists every collaborating organization and individual named in the application, including staff, consultants, contractors, and advisory board members. We will use this information to help us screen for conflicts of interest with our reviewers.

    An applicant should consult NIDRR's Long-Range Plan for Fiscal Years 2013-2017 (78 FR 20299) (Plan) when preparing its application. The Plan is organized around the following research domains: (1) Community Living and Participation; (2) Health and Function; and (3) Employment.

    3. Submission Dates and Times:

    Applications Available: April 20, 2015.

    Date of Pre-Application Meeting: Interested parties are invited to participate in a pre-application meeting and to receive information and technical assistance through individual consultation with NIDILRR staff. The pre-application meeting will be held on May 11, 2015. Interested parties may participate in this meeting by conference call with NIDILRR staff from the Administration for Community Living between 1:00 p.m. and 3:00 p.m., Washington, DC time. NIDILRR staff also will be available from 3:30 p.m. to 4:30 p.m., Washington, DC time, on the same day, by telephone, to provide information and technical assistance through individual consultation. For further information or to make arrangements to participate in the meeting via conference call or to arrange for an individual consultation, contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice.

    Deadline for Notice of Intent to Apply: May 26, 2015.

    Deadline for Transmittal of Applications: June 19, 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 delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 7. Other Submission Requirements of this notice.

    We do not consider an application that does not comply with the deadline requirements.

    Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.

    4. Intergovernmental Review: This program is not subject to Executive Order 12372.

    5. Funding Restrictions: 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 Health and Human Services, you must—

    a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);

    b. Register both your DUNS number and TIN with the System for Award Management (SAM) (formerly the Central Contractor Registry (CCR)), the Government's primary registrant database;

    c. Provide your DUNS number and TIN on your application; and

    d. Maintain an active SAM registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.

    You can obtain a DUNS number from Dun and Bradstreet. A DUNS number can be created within one-to-two business days.

    If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow two to five weeks for your TIN to become active.

    The SAM registration process can take approximately seven business days, but may take upwards of several weeks, depending on the completeness and accuracy of the data entered into the SAM database by an entity. Thus, if you think you might want to apply for Federal financial assistance under a program administered by the Department, please allow sufficient time to obtain and register your DUNS number and TIN. We strongly recommend that you register early.

    Note:

    Once your SAM registration is active, you will need to allow 24 to 48 hours for the information to be available in Grants.gov and before you can submit an application through Grants.gov.

    If you are currently registered with SAM, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your registration annually. This may take three or more business days.

    Information about SAM is available at www.SAM.gov. To further assist you with obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account, we have prepared a SAM.gov Tip Sheet, which you can find at: http://www2.ed.gov/fund/grant/apply/sam-faqs.html.

    In addition, if you are submitting your application via Grants.gov, you must: (1) Be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page: www.grants.gov/web/grants/register.html

    7. Other Submission Requirements: Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications.

    Applications for grants under Employment Policy and Measurement, CFDA Number 84.133B-3, 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 RRTC on Employment Policy and Measurement competition atwww.Grants.gov. You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.133, not 84.133B).

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.

    • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at http://www.G5.gov.

    • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.

    • You must submit all documents electronically, including all information you typically provide on the following forms: the Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.

    • You must upload any narrative sections and all other attachments to your application as files in a PDF (Portable Document) read-only, non-modifiable format. Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF or submit a password-protected file, we will not review that material. Additional, detailed information on how to attach files is in the application instructions.

    • Your electronic application must comply with any page-limit requirements described in this notice.

    • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by email. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application).

    • We may request that you provide us original signatures on forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System: If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically. You also may mail your application by following the mailing instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that the problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted.

    Note:

    The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because—

    • You do not have access to the Internet; or

    • You do not have the capacity to upload large documents to the Grants.gov system;

    and

    • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application.

    If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.

    Address and mail or fax your statement to: Patricia Barrett, U.S. Department of Health and Human Services, 400 Maryland Avenue SW., room 5142, Potomac Center Plaza (PCP), Washington, DC 20202-2700. FAX: (202) 245-7323.

    Your paper application must be submitted in accordance with the mail instructions described in this notice.

    b. Submission of Paper Applications by Mail.

    If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.133B-3) 550 12th Street SW. Room 7041, Potomac Center Plaza Washington, DC 20202-4260.

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Administrator of the Administration for Community Living of the U.S. Department of Health and Human Services.

    If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    If your application is postmarked after the application deadline date, we will not consider your application.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    Note for Mail of Paper Applications:

    If you mail your application to the Department—

    (1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the program under which you are submitting your application; and

    (2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. Selection Criteria: The selection criteria for this program are from 34 CFR 350.54 and are listed in the application package.

    2. Review and Selection Process: Final award decisions will be made by the Administrator, ACL. In making these decisions, the Administrator will take into consideration: ranking of the review panel; reviews for programmatic and grants management compliance; the reasonableness of the estimated cost to the government considering the available funding and anticipated results; and the likelihood that the proposed project will result in the benefits expected. Under section 75.205, item (3) history of performance is an item that is reviewed.

    In addition, in making a competitive grant award, the Administrator of the Administration for Community Living 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 Health and Human Services 45 CFR part 75.

    3. Special Conditions: Under 45 CFR part 75 the Administrator of the Administration for Community Living may impose special conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 45 CFR part 75, as applicable; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

    VI. Award Administration Information

    1. Award Notices: If your application is successful, we send you a Notice of Award (NOA); or we may send you an email containing a link to access an electronic version of your NOA. We may notify you informally, also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the NOA. The NOA also incorporates your approved application as part of your binding commitments under the grant.

    3. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 45 CFR part 75 should you receive funding under the competition. This does not apply if you have an exception under 45 CFR part 75.

    (b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Administrator of the Administration for Community Living. 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 Administrator of the Administration for Community Living under 45 CFR part 75. All NIDILRR grantees will submit their annual and final reports through NIDILRR's online reporting system and as designated in the terms and conditions of your NOA. The Administrator of the Administration for Community Living may also require more frequent performance reports under 45 CFR part 75. For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

    (c) FFATA and FSRS Reporting

    The Federal Financial Accountability and Transparency Act (FFATA) requires data entry at the FFATA Subaward Reporting System (http://www.FSRS.gov) for all sub-awards and sub-contracts issued for $25,000 or more as well as addressing executive compensation for both grantee and sub-award organizations.

    For further guidance please see the following link: http://www.acl.gov/Funding_Opportunities/Grantee_Info/FFATA.aspx.

    If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information. Annual and Final Performance reports will be submitted through NIDILRR's online Performance System and as designated in the terms and conditions of your NOA. At the end of your project period, you must submit a final performance report, including financial information.

    Note:

    NIDILRR will provide information by letter to successful grantees on how and when to submit the report.

    4. Performance Measures: To evaluate the overall success of its research program, NIDILRR assesses the quality of its funded projects through a review of grantee performance and accomplishments. Each year, NIDILRR examines a portion of its grantees to determine:

    • The number of products (e.g., new or improved tools, methods, discoveries, standards, interventions, programs, or devices developed or tested with NIDILRR funding) that have been judged by expert panels to be of high quality and to advance the field.

    • The average number of publications per award based on NIDILRR-funded research and development activities in refereed journals.

    • The percentage of new NIDILRR grants that assess the effectiveness of interventions, programs, and devices using rigorous methods.

    NIDILRR uses information submitted by grantees as part of their Annual Performance Reports for these reviews.

    5. Continuation Awards: In making a continuation award, the Administrator of the Administration for Community Living may consider, under 45 CFR part 75, the extent to which a grantee has made “substantial progress toward meeting the objectives in its approved application.” This consideration includes the review of a grantee's progress in meeting the targets and projected outcomes in its approved application, and whether the grantee has expended funds in a manner that is consistent with its approved application and budget. In making a continuation grant, the Administrator 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. Continuation funding is also subject to availability of funds.

    VII. Agency Contact FOR FURTHER INFORMATION CONTACT:

    Patricia Barrett, U.S. Department of Health and Human Services, 400 Maryland Avenue SW., room 5142, PCP, Washington, DC 20202-2700. Telephone: (202) 245-6211 or by email: [email protected]

    If you use a TDD or a TTY, call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    VIII. Other Information

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: April 14, 2015. John Tschida, Director, National Institute on Disability, Independent Living, and Rehabilitation Research.
    [FR Doc. 2015-09024 Filed 4-17-15; 8:45 am] BILLING CODE 4154-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Community Living Applications for New Awards; National Institute on Disability, Independent Living, and Rehabilitation Research —Rehabilitation Research and Training Centers AGENCY:

    Administration for Community Living, Department of Health and Human Services.

    ACTION:

    Notice.

    Overview Information:

    National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR)—Rehabilitation Research and Training Centers (RRTC)—Employment for Individuals with Blindness or other Visual Impairments.

    Notice inviting applications for new awards for fiscal year (FY) 2015.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.133B-5. DATES:

    Applications Available: April 20, 2015.

    Note:

    On July 22, 2014, President Obama signed the Workforce Innovation Opportunity Act (WIOA). WIOA was effective immediately. One provision of WIOA transferred the National Institute on Disability and Rehabilitation Research (NIDRR) from the Department of Education to the Administration for Community Living (ACL) in the Department of Health and Human Services. In addition, NIDRR's name was changed to the Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR). For FY 2015, all NIDILRR priority notices will be published as ACL notices, and ACL will make all NIDILRR awards. During this transition period, however, NIDILRR will continue to review grant applications using Department of Education tools. NIDILRR will post previously-approved application kits to grants.gov, and NIDILRR applications submitted to grants.gov will be forwarded to the Department of Education's G-5 system for peer review. We are using Department of Education application kits and peer review systems during this transition year in order to provide for a smooth and orderly process for our applicants.

    Date of Pre-Application Meeting: May 11, 2015.

    Deadline for Notice of Intent to Apply: May 26, 2015.

    Deadline for Transmittal of Applications: June 19, 2015.

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: The purpose of the Disability and Rehabilitation Research Projects and Centers Program is to plan and conduct research, demonstration projects, training, and related activities, including international activities to develop methods, procedures, and rehabilitation technology. The Program's activities are designed to maximize the full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities, especially individuals with the most severe disabilities, and to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended (Rehabilitation Act).

    Rehabilitation Research and Training Centers

    The purpose of the RRTCs, which are funded through the Disability and Rehabilitation Research Projects and Centers Program, is to achieve the goals of, and improve the effectiveness of, services authorized under the Rehabilitation Act through well-designed research, training, technical assistance, and dissemination activities in important topical areas as specified by NIDILRR. These activities are designed to benefit rehabilitation service providers, individuals with disabilities, family members, policymakers and other research stakeholders. Additional information on the RRTC program can be found at: http://www2.ed.gov/programs/rrtc/index.html#types.

    Priorities: There are two priorities for the grant competition announced in this notice. The General RRTC Requirements priority is from the notice of final priorities for the Rehabilitation Research and Training Centers, published in the Federal Register on February 1, 2008 (73 FR 6132). Priority two is from the notice of final priority for this program, published elsewhere in this issue of the Federal Register.

    Absolute Priorities: For FY 2015 and any subsequent year in which we make awards from the list of unfunded applicants from this competition, these priorities are absolute priorities. Under 45 CFR part 75 we consider only applications that meet these program priorities.

    These priorities are:

    Priority 1—General RRTC Requirements.

    Note:

    The full text of this priority is included in the notice of final priorities for the Rehabilitation Research and Training Centers, published in the Federal Register on February 1, 2008 (73 FR 6132) and in the application package for this competition.

    Priority 2—RRTC on Employment for Individuals with Blindness or other Visual Impairments.

    Note:

    The full text of this priority is included in the notice of final priority published elsewhere in this issue of the Federal Register and in the application package for this competition.

    Program Authority:

    29 U.S.C. 762(g) and 764(b)(2).

    Applicable Regulations: (a) The Department of Health and Human Services General Administrative Regulations in 45 CFR part 75; (b) Audit Requirements for Federal Awards in 45 CFR part 75 Subpart F; (c) 45 CFR part 75 Non-procurement Debarment and Suspension; (d) 45 CFR part 75 Requirement for Drug-Free Workplace (Financial Assistance); (e) The regulations for this program in 34 CFR part 350; (f) The notice of final priorities for the RRTC Program published in the Federal Register on February 1, 2008 (73 FR 6132); and (g) The notice of final priority for this program, published elsewhere in this issue of the Federal Register.

    II. Award Information

    Type of Award: Discretionary grants.

    Estimated Available Funds: $875,000.

    Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2015 and any subsequent year from the list of unfunded applicants from this competition.

    Maximum Award: $875,000.

    We will reject any application that proposes a budget exceeding the Maximum Amount for a single budget period of 12 months. The Administrator of the Administration for Community Living may change the maximum amount through a notice published in the Federal Register.

    Estimated Number of Awards: 1.

    The Department is not bound by any estimates in this notice.

    Project Period: 60 months.

    We will reject any application that proposes a project period exceeding 60 months. The Administrator of the Administration for Community Living may change the project period through a notice published in the Federal Register.

    III. Eligibility Information

    1. Eligible Applicants: States; public or private agencies, including for-profit agencies; public or private organizations, including for-profit organizations; IHEs; and Indian tribes and tribal organizations.

    2. Cost Sharing or Matching: This competition does not require cost sharing or matching.

    IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an application package via grants.gov, or by contacting Patricia Barrett: U.S. Department of Health and Human Services, 400 Maryland Avenue SW., room 5142, PCP, Washington, DC 20202-2700. Telephone: (202) 245-6211 or by email: [email protected]

    If you request an application from Patricia Barrett, be sure to identify this competition as follows: CFDA number 84.133B-5.

    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 the competition announced in this notice.

    Notice of Intent to Apply: Due to the open nature of the RRTC priority announced here, and to assist with the selection of reviewers for this competition, NIDILRR is requesting all potential applicants submit a letter of intent (LOI). The submission is not mandatory and the content of the LOI will not be peer reviewed or otherwise used to rate an applicant's application.

    Each LOI should be limited to a maximum of four pages and include the following information: (1) The title of the proposed project, the name of the applicant, the name of the Project Director or Principal Investigator (PI), and the names of partner institutions and entities; (2) a brief statement of the vision, goals, and objectives of the proposed project and a description of its proposed activities at a sufficient level of detail to allow NIDILRR to select potential peer reviewers; (3) a list of proposed project staff including the Project Director or PI and key personnel; (4) a list of individuals whose selection as a peer reviewer might constitute a conflict of interest due to involvement in proposal development, selection as an advisory board member, co-PI relationships, etc.; and (5) contact information for the Project Director or PI. Submission of a LOI is not a prerequisite for eligibility to submit an application.

    NIDILRR will accept the optional LOI via mail (through the U.S. Postal Service or commercial carrier) or email, by May 26, 2015. The LOI must be sent to: Patricia Barrett, U.S. Department of Health and Human Services, 550 12th Street, SW., room 5142, PCP, Washington, DC 20202; or by email to: [email protected]

    For further information regarding the LOI submission process, contact Patricia Barrett at (202) 245-6211.

    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. We recommend that you limit Part III to the equivalent of no more than 100 pages, using the following standards:

    • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides.

    • Double space (no more than three lines per vertical inch) all text in the application narrative. You are not required to double space titles, headings, footnotes, references, and captions, or text in charts, tables, figures, and graphs.

    • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch).

    • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial.

    The recommended page limit 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 one-page abstract, the resumes, the bibliography, or the letters of support. However, the recommended page limit does apply to all of the application narrative section (Part III).

    Note:

    Please submit an appendix that lists every collaborating organization and individual named in the application, including staff, consultants, contractors, and advisory board members. We will use this information to help us screen for conflicts of interest with our reviewers.

    An applicant should consult NIDRR's Long-Range Plan for Fiscal Years 2013-2017 (78 FR 20299) (Plan) when preparing its application. The Plan is organized around the following research domains: (1) Community Living and Participation; (2) Health and Function; and (3) Employment.

    3. Submission Dates and Times:

    Applications Available: April 20, 2015.

    Date of Pre-Application Meeting: Interested parties are invited to participate in a pre-application meeting and to receive information and technical assistance through individual consultation with NIDILRR staff. The pre-application meeting will be held on May 11, 2015. Interested parties may participate in this meeting by conference call with NIDILRR staff from the Administration for Community Living between 1:00 p.m. and 3:00 p.m., Washington, DC time. NIDILRR staff also will be available from 3:30 p.m. to 4:30 p.m., Washington, DC time, on the same day, by telephone, to provide information and technical assistance through individual consultation. For further information or to make arrangements to participate in the meeting via conference call or to arrange for an individual consultation, contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice.

    Deadline for Notice of Intent to Apply: May 26, 2015.

    Deadline for Transmittal of Applications: June 19, 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 delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 7. Other Submission Requirements of this notice.

    We do not consider an application that does not comply with the deadline requirements.

    Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.

    4. Intergovernmental Review: This program is not subject to Executive Order 12372.

    5. Funding Restrictions: 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 Health and Human Services, you must—

    a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);

    b. Register both your DUNS number and TIN with the System for Award Management (SAM) (formerly the Central Contractor Registry (CCR)), the Government's primary registrant database;

    c. Provide your DUNS number and TIN on your application; and

    d. Maintain an active SAM registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.

    You can obtain a DUNS number from Dun and Bradstreet. A DUNS number can be created within one-to-two business days.

    If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow two to five weeks for your TIN to become active.

    The SAM registration process can take approximately seven business days, but may take upwards of several weeks, depending on the completeness and accuracy of the data entered into the SAM database by an entity. Thus, if you think you might want to apply for Federal financial assistance under a program administered by the Department, please allow sufficient time to obtain and register your DUNS number and TIN. We strongly recommend that you register early.

    Note:

    Once your SAM registration is active, you will need to allow 24 to 48 hours for the information to be available in Grants.gov and before you can submit an application through Grants.gov.

    If you are currently registered with SAM, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your registration annually. This may take three or more business days.

    Information about SAM is available at www.SAM.gov. To further assist you with obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account, we have prepared a SAM.gov Tip Sheet, which you can find at: http://www2.ed.gov/fund/grant/apply/sam-faqs.html.

    In addition, if you are submitting your application via Grants.gov, you must: (1) Be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page: www.grants.gov/web/grants/register.html.

    7. Other Submission Requirements: Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications.

    Applications for grants under Employment for Individuals with Blindness or other Visual Impairments, CFDA Number 84.133B-5, 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 RRTC on Employment for Individuals with Blindness or other Visual Impairments competition atwww.Grants.gov. You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.133, not 84.133B).

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.

    • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at http://www.G5.gov.

    • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.

    • You must submit all documents electronically, including all information you typically provide on the following forms: the Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.

    • You must upload any narrative sections and all other attachments to your application as files in a PDF (Portable Document) read-only, non-modifiable format. Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF or submit a password-protected file, we will not review that material. Additional, detailed information on how to attach files is in the application instructions.

    • Your electronic application must comply with any page-limit requirements described in this notice.

    • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by email. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application).

    • We may request that you provide us original signatures on forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System: If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically. You also may mail your application by following the mailing instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that the problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted.

    Note:

    The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because—

    • You do not have access to the Internet; or

    • You do not have the capacity to upload large documents to the Grants.gov system;

    and

    • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application.

    If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.

    Address and mail or fax your statement to: Patricia Barrett, U.S. Department of Health and Human Services, 400 Maryland Avenue SW., room 5142, Potomac Center Plaza (PCP), Washington, DC 20202-2700. FAX: (202) 245-7323.

    Your paper application must be submitted in accordance with the mail instructions described in this notice.

    b. Submission of Paper Applications by Mail.

    If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.133B-5), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260.

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Administrator of the Administration for Community Living of the U.S. Department of Health and Human Services.

    If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    If your application is postmarked after the application deadline date, we will not consider your application.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    Note for Mail of Paper Applications: If you mail your application to the Department—

    (1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the program under which you are submitting your application; and

    (2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. Selection Criteria: The selection criteria for this program are from 34 CFR 350.54 and are listed in the application package.

    2. Review and Selection Process: Final award decisions will be made by the Administrator, ACL. In making these decisions, the Administrator will take into consideration: ranking of the review panel; reviews for programmatic and grants management compliance; the reasonableness of the estimated cost to the government considering the available funding and anticipated results; and the likelihood that the proposed project will result in the benefits expected. Under section 75.205, item (3) history of performance is an item that is reviewed.

    In addition, in making a competitive grant award, the Administrator of the Administration for Community Living 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 Health and Human Services 45 CFR part 75.

    3. Special Conditions: Under 45 CFR part 75 the Administrator of the Administration for Community Living may impose special conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 45 CFR part 75, as applicable; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

    VI. Award Administration Information

    1. Award Notices: If your application is successful, we send you a Notice of Award (NOA); or we may send you an email containing a link to access an electronic version of your NOA. We may notify you informally, also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the NOA. The NOA also incorporates your approved application as part of your binding commitments under the grant.

    3. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 45 CFR part 75 should you receive funding under the competition. This does not apply if you have an exception under 45 CFR part 75.

    (b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Administrator of the Administration for Community Living. 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 Administrator of the Administration for Community Living under 45 CFR part 75. All NIDILRR grantees will submit their annual and final reports through NIDILRR's online reporting system and as designated in the terms and conditions of your NOA. The Administrator of the Administration for Community Living may also require more frequent performance reports under 45 CFR part 75. For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

    (c) FFATA and FSRS Reporting

    The Federal Financial Accountability and Transparency Act (FFATA) requires data entry at the FFATA Subaward Reporting System (http://www.FSRS.gov) for all sub-awards and sub-contracts issued for $25,000 or more as well as addressing executive compensation for both grantee and sub-award organizations.

    For further guidance please see the following link: http://www.acl.gov/Funding_Opportunities/Grantee_Info/FFATA.aspx.

    If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information. Annual and Final Performance reports will be submitted through NIDILRR's online Performance System and as designated in the terms and conditions of your NOA. At the end of your project period, you must submit a final performance report, including financial information.

    Note: NIDILRR will provide information by letter to successful grantees on how and when to submit the report.

    4. Performance Measures: To evaluate the overall success of its research program, NIDILRR assesses the quality of its funded projects through a review of grantee performance and accomplishments. Each year, NIDILRR examines a portion of its grantees to determine:

    • The number of products (e.g., new or improved tools, methods, discoveries, standards, interventions, programs, or devices developed or tested with NIDILRR funding) that have been judged by expert panels to be of high quality and to advance the field.

    • The average number of publications per award based on NIDILRR-funded research and development activities in refereed journals.

    • The percentage of new NIDILRR grants that assess the effectiveness of interventions, programs, and devices using rigorous methods.

    NIDILRR uses information submitted by grantees as part of their Annual Performance Reports for these reviews.

    5. Continuation Awards: In making a continuation award, the Administrator of the Administration for Community Living may consider, under 45 CFR part 75, the extent to which a grantee has made “substantial progress toward meeting the objectives in its approved application.” This consideration includes the review of a grantee's progress in meeting the targets and projected outcomes in its approved application, and whether the grantee has expended funds in a manner that is consistent with its approved application and budget. In making a continuation grant, the Administrator 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. Continuation funding is also subject to availability of funds.

    VII. Agency Contact FOR FURTHER INFORMATION CONTACT:

    Patricia Barrett, U.S. Department of Health and Human Services, 400 Maryland Avenue SW., room 5142, PCP, Washington, DC 20202-2700. Telephone: (202) 245-6211 or by email: [email protected]

    If you use a TDD or a TTY, call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    VIII. Other Information

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: April 14, 2015. John Tschida, Director, National Institute on Disability, Independent Living, and Rehabilitation Research.
    [FR Doc. 2015-09013 Filed 4-17-15; 8:45 am] BILLING CODE 4154-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-N-1037] Pilot Program for Center for Devices and Radiological Health Electronic Submission for Home Use Device Labeling AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) Center for Devices and Radiological Health (CDRH) is announcing the availability of a CDRH electronic submissions Pilot Program database to house labeling for home use devices. Participation in the pilot is open to applicants who label their device(s) for home use. Participation in the pilot project is voluntary. Participants will be asked to navigate through the electronic submissions system and practice submitting labels and package inserts. The pilot project is intended to provide industry and CDRH staff the opportunity to evaluate the submissions process and system and to receive comments from industry participants.

    DATES:

    FDA will accept applications for participation in the voluntary electronic submissions CDRH Home Use Device Labeling Pilot Program from May 1, 2015, through May 31, 2015. See the “Participation” section for instructions on how to submit a request to participate. The pilot project will occur July 1, 2015, through December 31, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Mary Weick-Brady, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66 Rm. 5426, Silver Spring MD 20993, 301-796-6089, [email protected]

    SUPPLEMENTARY INFORMATION: I. Background

    CDRH is responsible for ensuring that medical devices are safe and effective when used for their intended purpose. Risks are inherent in all CDRH-regulated medical devices, and the Center plays a critical role in preventing injuries and deaths related to product use. CDRH minimizes risk through regulation, enforcement, and education. Risk minimization is accomplished, in part, through clear communication on the benefits and risks of the medical devices regulated by the Center, including communications by CDRH, product manufacturers, and product distributors. These communications include medical device labeling produced by manufacturers and distributors.

    Medical device labeling provides safety information, instructions for use, and/or other necessary information to the user. This labeling can be essential for home-use devices, which are much more likely to be used by lay users, who frequently have not been trained to use such medical devices and who are especially reliant on the instructions for use and other information provided by the device label and package insert. When used in an environment where a healthcare professional is not available to provide supervision and assistance, these devices can present unique concerns and challenges. When a home-use device is used over a period of years, it becomes increasingly more likely that it may be separated from its original labeling or that its original labeling will not include current safety information or instructions for use. In contrast with use in professional healthcare settings, a patient or caregiver using a home-use device in a setting without professional oversight may not have extensive experience in the use of a device and may not have ready access to the original packaging or to alternative sources of information about a device.

    Home-use devices have significant public health importance to patients, caregivers, and healthcare professionals. Therefore, it is necessary to ensure that users are able to access necessary information for use, including safety information and instructions for use. Although many manufacturers have Internet sites that provide information concerning the devices they currently market, those sites typically focus on newer products and often do not provide any information on devices that they no longer actively market. Web sites also vary considerably in the types of information provided and may lack important details concerning their devices. Although some manufacturers' Web sites provide some labeling, FDA believes that most do not provide the label and package insert for all of their home-use devices listed with FDA.

    II. CDRH Home Use Device Labeling Pilot

    CDRH is developing an electronic submissions database, accessible to the public through FDA's Web site, of labels and package inserts for listed home-use devices. This database would fill an important gap in the information available to patients, caregivers, and the healthcare community concerning home-use devices. The database would allow both broad searches to identify legally marketed home-use devices that may fill a particular need and focused searches to obtain information concerning the use of a specific home-use device.

    This electronic submissions database will be evaluated for usability through the CDRH Home Use Device Labeling Pilot Project. This pilot project will proceed for 6 months. Participation in the pilot is open to applicants who label their device(s) for home use. Participants will be asked to navigate through the electronic submissions system and practice submitting labels and package inserts. The pilot project is intended to provide industry and CDRH staff the opportunity to evaluate the submissions process and system and to receive comments from industry participants. Comments received during the pilot project will be used to evaluate the usability of the database. FDA will not review the content of any labeling submitted to the pilot database for a regulatory purpose. The submitted labeling and the database will only be available to pilot participants.

    A. Participation

    Volunteers interested in participating in the pilot project should contact pilot staff by email at [email protected] The following information should be included in the request: Contact name, contact phone number, and contact email address. FDA will contact interested applicants to discuss the pilot project. FDA is seeking a limited number of participants (no more than nine) to participate in this pilot project.

    B. Procedures

    By following a series of prompts and instructions, pilot participants will submit a PDF version of their device labeling to the pilot database. The content of the submissions will not be reviewed by FDA for any regulatory purpose, nor will the pilot database be available to the public during this pilot project. During the pilot, CDRH staff will be available to answer any questions or concerns that may arise. Pilot project participants will be asked to comment on and discuss their experiences with the pilot submissions process. Their comments and discussions will assist CDRH in its development of this electronic submissions database.

    III. Duration of the Home Use Device Labeling Pilot

    FDA intends to accept requests for participation in the Home Use Device Labeling Pilot from May 1, 2015, through May 31, 2015. The pilot will proceed for 6 months, from July 1, 2015, through December 31, 2015. This pilot program may be extended as resources and needs allow.

    IV. Paperwork Reduction Act of 1995

    This notice refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR parts 801 and 809 have been approved under OMB control number 0910-0485.

    V. Comments

    Interested persons may submit electronic comments regarding the Home Use Device Labeling Pilot to http://www.regulations.gov or written comments to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. It is only necessary to send one set of comments. Identify comments with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday and will be posted to the docket at http://www.regulations.gov.

    Dated: April 14, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-08957 Filed 4-17-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary [Document Identifier: HHS-OS-0990-0392-30-D] Agency Information Collection Activities; Submission to OMB for Review and Approval; Public Comment Request AGENCY:

    Office of the Secretary, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, has submitted an Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB) for review and approval. The ICR is for renewal of the approved information collection assigned OMB control number 0990-0392, scheduled to expire on May 31, 2015. Comments submitted during the first public review of this ICR will be provided to OMB. OMB will accept further comments from the public on this ICR during the review and approval period.

    DATES:

    Comments on the ICR must be received on or before May 20, 2015.

    ADDRESSES:

    Submit your comments to [email protected] or via facsimile to (202) 395-5806.

    FOR FURTHER INFORMATION CONTACT:

    Information Collection Clearance staff, [email protected] or (202) 690-6162.

    SUPPLEMENTARY INFORMATION:

    When submitting comments or requesting information, please include the OMB control number 0990-0392 and document identifier HHS-OS0990-0392-30D for reference.

    Information Collection Request Title: Office of Adolescent Health and Administration for Children, Youth and Families Teen Pregnancy Prevention Performance Measure Collection.

    Abstract: The Office of Adolescent Health (OAH), U.S. Department of Health and Human Services (HHS) is requesting an extension without change of a currently approved information collection request by OMB. The purpose of the extension is to complete the ongoing data collection for the Office of Adolescent Health and Administration for Children, Youth and Families Teen Pregnancy Prevention Performance Measures.

    Need and Proposed Use of the Information: To collect performance measure data on the OAH Teen Pregnancy Prevention (TPP) Program and the ACF/FYSB Personal Responsibility Education Program Innovative Strategies (PREIS). These data will allow OAH and FYSB to monitor the progress of program grantees, and to report to Congress on the performance of the programs.

    Likely Respondents: The 106 TPP and PREIS grantees and approximately 2000 PREIS youth participants.

    Burden Statement: Burden in this context means the time expended by persons to generate, maintain, retain, disclose or provide the information requested. 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.

    The total annual burden hours estimated for this ICR are summarized in the table below.

    Total Estimated Annualized Burden—Hours Forms
  • (if necessary)
  • Type of
  • respondent
  • Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden hours
  • per response
  • Total burden hours
    Measures for all grantees Grantee program staff—all 106 1 7 742 Participant-level measures Grantee program staff—Tier 1 C/D, Tier 2, and PREIS 45 1 1 45 Perceived impact questions Youth participants—PREIS 2,000 1 5/60 167 Perceived impact measures Grantee program staff—PREIS 11 1 3 33 Total 987
    Terry S. Clark, Asst Information Collection Clearance Officer.
    [FR Doc. 2015-08960 Filed 4-17-15; 8:45 am] BILLING CODE 4168-11-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES [Document Identifier: HHS-0990-0260-30D] Agency Information Collection Activities; Proposed Collection; Public Comment Request AGENCY:

    Office of the Assistant Secretary for Health, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary, Department of Health and Human Services (HHS), announces plans to submit an Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). The ICR is for extending the use of the approved information collection assigned OMB control number 0990-0260, which expires on April 30, 2015. Prior to submitting that ICR to OMB, OS seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR.

    DATES:

    Comments on the ICR must be received on or before May 20, 2015.

    ADDRESSES:

    Submit your comments to [email protected] or by calling (202) 690-6162.

    FOR FURTHER INFORMATION CONTACT:

    Information Collection Clearance staff, [email protected] or (202) 690-6162.

    SUPPLEMENTARY INFORMATION:

    When submitting comments or requesting information, please include the document identifier 0990-0260 for reference.

    Information Collection Request Title: Protection of Human Subjects: Assurance of Compliance with Federal Policy/IRB Review/IRB Recordkeeping/Informed Consent/Consent Documentation—Extension OMB No. 0990-0260, Assistant Secretary for Health, Office for Human Research Protections.

    OMB No.: 0990-0260.

    Abstract: The information collected through the Protection of Human Subjects: Assurance.

    Identification/IRB Certification/Declaration of Exemption Form Protection of Human Subjects: Assurance of Compliance with Federal Policy/IRB Review/IRB Recordkeeping/Informed Consent/Consent Documentation collection requirement is the minimum necessary to satisfy the assurance, certification, reporting, disclosure, documentation and recordkeeping requirements of Section 491(a) of the Public Health Service Act and HHS Regulations for the protection of human subjects at 45 CFR part 46.

    Likely Respondents: Research institutions engaged in HHS-conducted or -supported research involving human subjects. Institutional use of the form is also relied upon by other federal departments and agencies that have codified or follow the Federal Policy for the Protection of Human Subjects (Common Rule).

    Total Estimated Annualized Burden—Hours Title Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden
  • per response
  • (in hours)
  • Total burden hours
    .103(b)(4), .109(d)IRB Actions, .116 and .117 Informed Consent 6,000 39.33 1 235,980 .115(a) IRB Recordkeeping 6,000 15 10 900,000 .103(b)(5) Incident Reporting, .113 Suspension or Termination Reporting 6,000 0.5 45/60 2,250 Total 1,138,230
    Terry S. Clark, Asst. Information Collection Clearance Officer.
    [FR Doc. 2015-08959 Filed 4-17-15; 8:45 am] BILLING CODE 4150-28-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Dental & Craniofacial Research; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: NIDCR Special Grants Review Committee.

    Date: June 18-19, 2015.

    Time: 8 a.m. to 12:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Torrance Marriott Redondo Beach, 3635 Fashion Way, Torrance, CA 90503.

    Contact Person: Marilyn Moore-Hoon, Ph.D., Scientific Review Officer Scientific Review Branch, National Institute of Dental and Craniofacial Research, 6701 Democracy Blvd., Rm. 676, Bethesda, MD 20892-4878, 301-594-4861, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.121, Oral Diseases and Disorders Research, National Institutes of Health, HHS)
    Dated: April 14, 2015. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-08901 Filed 4-17-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Biomedical Imaging and Bioengineering; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Biomedical Imaging and Bioengineering Special Emphasis Panel; MSM Program Review.

    Date: June 24, 2015.

    Time: 10 a.m. to 6 p.m.

    Agenda: To review and evaluate grant applications and/or proposals.

    Place: National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892, (Virtual Meeting).

    Contact Person: Manana Sukhareva, Ph.D., Scientific Review Officer, National Institute of Biomedical Imaging and Bioengineering, 6707 Democracy Boulevard, Suite 959, Bethesda, MD 20892, 301-451-3397, [email protected].

    Dated: April 14, 2015. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-08902 Filed 4-17-15; 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; RFA-DK-14-508: SEARCH for Diabetes in Youth Cohort Study (UC4).

    Date: May 20, 2015.

    Time: 11 a.m. to 1 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: Dianne Camp, Ph.D., Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of Health, Room 756, 6707 Democracy Boulevard, Bethesda, MD 20892-2542, 301-594-7682, [email protected].niddk.nih.gov.

    Name of Committee: National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; RFA-DK-14-021: Human Islet Research Network Consortium on Beta Cell Death and Survival (HIRN-CBDS).

    Date: June 10, 2015.

    Time: 12 p.m. to 5 p.m.

    Agenda: To review and evaluate cooperative agreement 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 14, 2015. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-08900 Filed 4-17-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [CBP Dec. 15-06] Tuna-Tariff Rate Quota; the Tariff-Rate Quota for Calendar Year 2015 Tuna Classifiable Under Subheading 1604.14.22, Harmonized Tariff Schedule of the United States (HTSUS) AGENCY:

    U.S. Customs and Border Protection, Department of Homeland Security.

    ACTION:

    Announcement of the quota quantity of tuna in airtight containers for Calendar Year 2015.

    SUMMARY:

    Each year, the tariff-rate quota for tuna described in subheading 1604.14.22, Harmonized Tariff Schedule of the United States (HTSUS), is based on the apparent United States consumption of tuna in airtight containers during the preceding Calendar Year. This document sets forth the tariff-rate quota for Calendar Year 2015.

    DATES:

    Effective Dates: The 2015 tariff-rate quota is applicable to tuna fish entered, or withdrawn from warehouse, for consumption during the period January 1, through December 31, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Headquarters Quota Branch, Interagency Collaboration Division, Trade Policy and Programs, Office of International Trade, U.S. Customs and Border Protection, Washington, DC 20229-1155, (202) 863-6560.

    Background

    It has been determined that 15,954,733 kilograms of tuna in airtight containers may be entered, or withdrawn from warehouse, for consumption during the Calendar Year 2015, at the rate of 6.0 percent ad valorem under subheading 1604.14.22, HTSUS. Any such tuna which is entered, or withdrawn from warehouse, for consumption during the current calendar year in excess of this quota will be dutiable at the rate of 12.5 percent ad valorem under subheading 1604.14.30 HTSUS.

    Dated: April 15, 2015. Sandra L. Bell, Deputy Assistant Commissioner, Office of International Trade.
    [FR Doc. 2015-08979 Filed 4-17-15; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration Extension of Agency Information Collection Activity Under OMB Review: Law Enforcement Officer Flying Armed Training AGENCY:

    Transportation Security Administration, DHS.

    ACTION:

    30-day notice.

    SUMMARY:

    This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0034, abstracted below to OMB for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on February 11, 2015, 80 FR 7623. The collection involves TSA gathering information from territorial, tribal, federal, municipal, county, state, and authorized railroad law enforcement agencies who have requested the Law Enforcement Officer (LEO) Flying Armed training course.

    DATES:

    Send your comments by May 20, 2015. A comment to OMB is most effective if OMB receives it within 30 days of publication.

    ADDRESSES:

    Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, OMB. Comments should be addressed to Desk Officer, Department of Homeland Security/TSA, and sent via electronic mail to [email protected] or faxed to (202) 395-6974.

    FOR FURTHER INFORMATION CONTACT:

    Christina A. Walsh, TSA PRA Officer, Office of Information Technology (OIT), TSA-11, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598-6011; telephone (571) 227-2062; email [email protected]

    SUPPLEMENTARY INFORMATION: Comments Invited

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The ICR documentation is available at http://www.reginfo.gov. Therefore, in preparation for OMB review and approval of the following information collection, TSA is soliciting comments to—

    (1) Evaluate whether the proposed information requirement 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;

    (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 using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Information Collection Requirement

    Title: Law Enforcement Officer Flying Armed Training.

    Type of Request: Extension of a currently approved collection.

    OMB Control Number: 1652-0034.

    Forms(s): N/A.

    Affected Public: Law Enforcement Officers.

    Abstract: TSA requires territorial, tribal, federal, municipal, county, state, and authorized railroad law enforcement officers (LEOs) who have a mission need to fly armed to complete the LEO Flying Armed Training under 49 CFR 1544.219. Eligibility is based on requirements stated in 49 CFR 1544.219. TSA will gather information, including agency name, address, and name of each individual who will receive the training, from law enforcement agencies that have requested the LEO Flying Armed training course. Applicant verification ensures that only LEOs with a valid need to fly armed aboard commercial aircraft receive training. Applicants come from territorial, tribal, federal, municipal, county, state, and authorized railroad law enforcement agencies throughout the country. For more information about the program, please see http://www.tsa.gov/lawenforcement/programs/traveling_with_guns.shtm.

    Number of Respondents: 2,000.

    Estimated Annual Burden Hours: An estimated 167 hours annually.

    Dated: April 15, 2015. Christina A. Walsh, TSA Paperwork Reduction Act Officer, Office of Information Technology.
    [FR Doc. 2015-09027 Filed 4-17-15; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5869-D-01] Consolidated Delegations of Authority for the Office of Community Planning and Development AGENCY:

    Office of the Secretary, HUD.

    ACTION:

    Notice of delegations of authority.

    SUMMARY:

    This notice updates, clarifies, and consolidates delegations of authority from the Secretary of Housing and Urban Development to the Assistant Secretary for Community Planning and Development, the Principal Deputy Assistant Secretary for Community Planning and Development and the General Deputy Assistant Secretary for Community Planning and Development.

    DATES:

    Effective upon date of signature.

    FOR FURTHER INFORMATION CONTACT:

    David H. Enzel, Director, Office of Technical Assistance and Management, Department of Housing and Urban Development, 451 7th Street SW., Room 7228, Washington, DC 20410-7000; telephone number 202-402-5557. (This is not a toll-free number.) For those needing assistance, this number may be accessed through TTY by calling the toll-free Federal Relay Service number at 1-800-877-8339.

    SUPPLEMENTARY INFORMATION:

    This notice updates, clarifies, and consolidates into one notice the authority delegated by the Secretary of Housing and Urban Development to the Assistant Secretary for Community Planning and Development, the Principal Deputy Assistant Secretary for Community Planning and Development and the General Deputy Assistant Secretary for Community Planning and Development. This notice supersedes all previous delegations to the Assistant Secretary for Community Planning and Development, including the delegation published on May 30, 2012. The two existing redelegations of authority published on June 29, 2012 remain in effect.

    Section A. Authority Delegated

    Only the Assistant Secretary for Community Planning and Development is delegated the authority to issue a final regulation or a Notice of Funding Availability (NOFA). The authority delegated herein to the Assistant Secretary for Community Planning and Development, the Principal Deputy Assistant Secretary for Community Planning and Development, and the General Deputy Assistant Secretary includes the authority to waive regulations and statutes, but for the Principal Deputy Assistant Secretary and the General Deputy Assistant Secretary the authority to waive statutes is limited in Section B below.

    Except as provided in Section B, the Secretary of HUD delegates to the Assistant Secretary for Community Planning and Development, the Principal Deputy Assistant Secretary for Community Planning and Development and the General Deputy Assistant Secretary for Community Planning and Development the authority of the Secretary with respect to the programs and matters listed below:

    1. The AIDS Housing Opportunity Act, Title VIII, Subtitle D of the Cranston-Gonzalez National Affordable Housing Act, Pub. L. 101-625, 104 Stat. 4079 (1990) (codified as amended at 42 U.S.C. 12901-12912); 24 CFR part 574.

    2. The Base Closure Community Redevelopment and Homeless Assistance Act of 1994, Pub. L. 103-421, 108 Stat. 4346 (codified as amended at 10 U.S.C. 2687 note); 24 CFR part 586.

    3. Capacity Building for Community Development and Affordability Housing grants, Section 4 of the HUD Demonstration Act of 1993, Pub. L. 103-120, 107 Stat. 1148 (codified as amended at 42 U.S.C. 9816 note).

    4. Comprehensive Housing Affordability Strategies (CHAS), Title I of the Cranston-Gonzalez National Affordable Housing Act, Pub. L. 101-625, 104 Stat. 4079 (1990) (codified as amended at 42 U.S.C. 12701 et seq.); 24 CFR part 91.

    5. Economic Development Initiative grants, as provide for in annual HUD appropriations acts (e.g., the Consolidated Appropriations Resolution, Fiscal Year 2003, Pub. L. 108-7, 117 Stat. (2003)).

    6. Urban Empowerment Zones (EZ), as authorized under Title 26, subtitle A, chapter 1, subchapter U of the Internal Revenue Code (codified as amended at 26 U.S.C. 1391 et seq.); 24 CFR parts 597 and 598.

    7. The HOME Investment Partnerships Act, Title II of the Cranston-Gonzalez, National Affordable Housing Act, Pub. L. 101-625, 104 Stat. 4079 (1990) (codified as amended at 42 U.S.C. 12721 et seq.); 24 CFR part 92.

    8. The Loan Guarantee Recovery Fund under Section 4 of the Church Arson Prevention Act of 1996, Pub. L. 104-155, 110 Stat. 1392 (codified at 18 U.S.C. 241 note); 224 CFR part 573.

    9. Neighborhood Initiatives grants specifically designed in annual HUD appropriations acts (e.g., the Consolidated Appropriations Act 2010, Pub. L. 111-117, 123 Stat. 3034 (2009)).

    10. The Homelessness Prevention and Rapid Re-Housing Program (HPRP), as authorized under the Homelessness Prevention Fund heading of Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, 123 Stat. 115.

    11. The Housing Trust Fund (HTF), Section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, added by Section 1131 of Pub. L. 110-289, 112 Stat. 2654 (codified at 12 U.S.C. 4568); 24 CFR part 93.

    12. Rural Innovation Fund grants as provided for in annual HUD appropriations acts (e.g., the Consolidated Appropriations Act 2010, Pub. L. 111-117, 123 Stat. 3084 (2009)).

    13. The Tax Credit Assistance Program (TCAP), as authorized under the HOME Investments Partnerships Program heading of Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, 123 Stat. 115, 220-21.

    14. The Self-Help Housing Opportunity Program (SHOP) under section 11 of the Housing Opportunity Program Extension Act of 1996, Pub. L. 104-120, 110 Stat. 834 (codified at 42 U.S.C. 12805 note).

    15. Technical Assistance and Capacity Building awards authorized under any program or matter delegated under Section A (e.g., Section 107 of the Housing and Community Development Act 1987, Pub. L. 100-242, 100 Stat. 1815 (1988)); and as provided for in annual and supplemental HUD appropriations acts (e.g., the Consolidated Appropriations Act 2010, Pub. L. 111-117, 123 Stat. 3093 (2009)).

    16. Title I of the Housing and Community Development Act of 1974, Pub. L. 93-383, 88 Stat. 633 (codified as amended at 42 U.S.C. 5301 et seq.); 24 CFR part 570, including the following:

    a. The Community Development Block Grant (CDBG) program;

    b. The Section 108 loan guarantee program;

    c. Economic development grants pursuant to Section 108(q);

    d. Neighborhood Stabilization programs under the Housing and Economic Recovery Act of 2008, Pub. L. 110-289, 122 Stat. 2850; Title XII of Division A of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, 123 Stat. 115; and Section 1497 of the Wall Street Reform and Consumer Protection Act of 2010, Pub. L. 111-203, 124 Stat. 1376 (codified as amended at 42 U.S.C. 5301 note);

    e. CDBG Disaster Recovery Grants as provided for in annual and supplemental HUD appropriations acts; and

    f. Appalachian Regional Commission grants pursuant to Section 214 of the Appalachian Regional Development Act of 1965, Pub. L. 89-4, 79 Stat. 5 (codified as amended at 40 U.S.C. 14507) and consistent with the CDBG program authorized under Title I of the Housing and Community Development Act of 1974, Pub. L. 93-393, 88 Stat. 633 (codified as amended at 42 U.S.C. 5301 et seq.).

    17. Title IV of the McKinney-Vento Homeless Assistance Act, Pub. L. 100-77, 101 Stat. 482 (1987) (codified as amended at 42 U.S.C. 5301 et seq.), renamed by an Act of October 30, 2000, Pub. L. 106-400, 114 Stat. 1675 (2000), including the following:

    a. The Emergency Shelter Grants/Emergency Solutions Grants program, 24 CFR 576;

    b. The Supportive Housing Program, 24 CFR part 583;

    c. The Shelter Plus Care Program, 24 CFR part 582;

    d. The Moderate Rehabilitation for Single Room Occupancy program 24 CFR part 882, subpart H;

    e. The Continuum of Care program, 24 CFR part 578; and

    f. The Rural Housing Stability Assistance program.

    18. Title V of the McKinney-Vento Homeless Assistance Act, Pub. L. 100-77, 101 Stat. 482 (1987) (codified as amended at 42 U.S.C. 1411 et seq.), renamed by an Act of October 30, 2000, Pub. L. 106-300, 114 Stat. 1675 (2000), 24 CFR part 581.

    19. The Veterans Homelessness Prevention Demonstration program as provided for in annual HUD appropriations acts (e.g., Omnibus Appropriations Act, 2009, Pub. L. 111-8, 123 Stat. 524 (2009)).

    20. Overall departmental responsibility for compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Pub. L. 91-646, 84 Stat. 1894 (1971) (codified as amended at 42 U.S.C. 4601 et seq.); 49 CFR part 24. (For departmental programs, only the Assistant Secretary for Community Planning and Development is delegated the authority to exercise the federal waiver authority provided under 49 CFR 24.7).

    21. Overall departmental responsibility for compliance with the National Environmental Policy Act of 1969, Pub. L. 91-190, 83 Stat. 852 (1970) (codified as amended at 42 U.S.C. 4321-4347), and the related laws and authorities cited in 24 CFR 50.4, including (with regard to the Assistant Secretary for Community Planning and Development) the authority to issue and to waive, or approve exceptions or establish criteria for exceptions from provisions of 24 CFR parts 50, 51, 55, and 58.

    22. Certain Office of Community Planning and Development Programs that are no longer authorized for funding (or future funding is not anticipated), but whose administration must continue until all departmental responsibilities are discharged and finally terminated. These programs include the following:

    a. The Slum Clearance and Urban Renewal program under Title I of the Housing Act of 1949, Pub. L. 81-171, 63 Stat. 413 and any program which is superseded by, or inactive by reason of Title I of the Housing and Community Development Act of 1974, Pub. L. 93-383, 88 Stat. 633 (codified as amended at 42 U.S.C. 5316);

    b. Area-wide grants, inequities grants, disaster grants and the authority to concur in final approval actions regarding innovative grants under Section 107 of Title I of the Housing and Community Development Act of 1974, Pub. L. 93-383, 88 Stat. 633 (repealed 1981);

    c. Urban Development Action grants under Title I of the Housing and Community Development Act of 1974, Pub. L. 93-383, 88 Stat. 633. (codified as amended at 42 U.S.C. 5318);

    d. The Rental Rehabilitation Program, United States Housing Act of 1937, § 17, Pub. L. 98-181, 97 Stat. 1196;

    e. The Section 312 Rehabilitation Loan Program, Housing Act of 1964, § 312 Pub. L. 88-560, 78 Stat. 769 (codified at 42 U.S.C. 1452(b)); 24 CFR part 510;

    f. The Urban Homesteading Program, Housing and Community Development Act of 1974 § 810, Pub. L. 93-383, 88 Stat. 633 (repealed 1990);

    g. Enterprise Zone Program under Title VII of the Housing and Community Development Act of 1987, Pub. L. 100-242, 100 Stat. 1815 (1988) (codified as amended at 42 U.S.C. 11501 et seq.);

    h. Grant for Urban Empowerment Zones (EZ) as provided for in annual HUD appropriations acts (e.g., Consolidated Appropriations resolution, Fiscal Year 2003, Pub. L. 108-7, 117 Stat. 11 (2003));

    i. HUD's Homeownership Zone initiative (HOZ) grants as provided for in Section 205 of the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997, Pub. L. 104-204, 110 Stat. 2874 (1996) and funded with recaptured Nehemiah grants authorized under Title VI of the Housing and Community Development Act of 1987, Pub. L. 100-242, 101 Stat. 1815 (1988) (codified at 12 U.S.C. 1715l note);

    j. The Innovative Homeless Initiatives Demonstration program under the HUD Demonstration Act of 1993, Pub. L. 103-120, 107 Stat. 1144;

    k. The HOPE for Homeownership of Single-family Housing (HOPE 3) program, Title IV, Subtitle C of the Cranston-Gonzalez National Affordable Housing Act, Pub. L. 101-625, 104 Stat. 4079 (1990) (codified at 42 U.S.C. 12891);

    l. New Communities Program, Section 413 of the Housing and Urban Development Act of 1968, Pub. L. 90-448, 82 Stat. 476 (repealed 1983), Section 726 of the Housing and Urban -Rural Recovery Act of 1983, Pub. L. 91-609 (repealed 1983), 84 Stat. 1784, Section 474 of the Housing and Urban-Rural Act of 1983, Public Law 98-181, 97 Stat. 1237 (codified at 12 U.S.C. 1710g-5b), and any other functions, powers, and duties that may affect the liquidation of the New Communities program;

    m. Rural Housing and Economic Development grants specifically designed originally in the Fiscal Year 1998 HUD Appropriations Act, Pub. L. 105-65, 111 Stat. 1344 and subsequent annual HUD appropriations acts;

    n. Renewal Communities (RC), as authorized under Title 26, subtitle A, chapter 1, subchapter X of the Internal Revenue Code (codified as amended at 26 U.S.C. 1400E et seq.); 24 CFR part 599;

    o. Youthbuild Program, Title IV, Subtitle D of the Cranston-Gonzalez National Affordable Housing Act, Pub. L. 101-625, 104 Stat. 4079 (1990) (repealed 2006); 24 CFR part 585; and Youthbuild Transfer Act (TA) as authorized under Title IV of the Cranston-Gonzalez National Affordable Housing Act, as amended by the Housing and Community Development Act of 1992, Pub. L. 102-550, 106 Stat. 3723 (1992) (repealed 2006); and

    p. All programs consolidated in the Revolving Fund (Liquidating Programs) established pursuant to Title II of the Independent Offices Appropriations Act, Pub. L. 98-45, 97 Stat. 223 (1983) (codified as amended at 12 U.S.C. 1701g-5), including all authority of the Secretary with respect to functions, administration, and management of the Revolving Fund (Liquidating Programs).

    23. Suspensions, and/or limited denial of participations under 2 CFR part 2424 with the concurrence of the General Counsel, or such other official as may be designed by the General Counsel.

    Section B. Authority Excepted

    There is excepted from the authority delegated under Section A:

    1. The power to sue and be sued;

    2. Under Title I of the Housing and Community Development Act of 1974, Pub. L. 93-383, 88 Stat. 633 (codified as amended at 42 U.S.C. 5301 et seq.):

    a. The power to administer the Indian Community Development Block Grant program, for which the authority has been delegated to the Assistant Secretary for Public and Indian Housing;

    b. The power to administer section 107 programs delegated to the Assistant Secretary for Policy Development and Research;

    c. The power to issue obligations for purchase by the Secretary of the Treasury under section 108(g) of the Housing and Community Development Act (42 U.S.C. 5308); and

    d. The power and authority of the Secretary with respect to nondiscrimination under section 109 may be exercised only with the advice of the Assistant Secretary for Fair Housing Equal Opportunity.

    3. Under the HOME Investment Partnerships Act, Title II of the Cranston-Gonzalez National Affordable Housing Act, Public Law 101-625, 104 Stat. 4079 (1990) (codified as amended at 42 U.S.C. 12721 et seq.), the power to administer grants to Indian tribes, for which the authority has been delegated to the Assistant Secretary for Public and Indian Housing.

    4. For programs noted in Section A.22 of this delegation that are no longer authorized for funding;

    a. The power to establish interest rates; and

    b. The power to issue notes or obligations for purchase by the Secretary of the Treasury.

    5. The authority delegated under Section A to the Principal Deputy Assistant Secretary and General Deputy Assistant Secretary does not include the authority to waive the following statutes:

    a. The authority under annual and supplemental HUD appropriations acts providing Community Development Block Grant funding for disaster recovery (e.g., Pub.121212 L. 113-2) to waive, or specify alternative requirements for, statutory requirements;

    b. The authority under section 215(a)(6) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12745) to waive qualifying rents; and

    c. The authority under section 858(b) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12906) to waive requirements for short-term supported housing and services.

    Section C. Authority to Redelegate

    The Assistant Secretary, the Principal Deputy Assistant Secretary and the General Deputy Assistant Secretary for Community Planning and Development are authorized to redelegate to employees of the Department any authority delegated under Section A. Redelegated authority to

    CPD Director, Assistant Secretaries or other CPD program officials does not supersede the authority of the Assistant Secretary as designee of the Secretary. The two existing redelegations published on June 29, 2012 at 77 FR 38851 and 77 FR 38853 remain in effect.

    Section D. Delegations Superseded

    This notice supersedes all prior delegations of authority from the Secretary to the Assistant Secretary for Community Planning and Development, including the delegation published on May 30, 2012 at 77 FR 31972.

    Authority:

    Section 7(d) of the Department of Housing and Urban Development Act, 42 U.S.C. 3535(d).

    Dated: April 13, 2015. Julián Castro, Secretary of Housing and Urban Development.
    [FR Doc. 2015-08949 Filed 4-17-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5870-D-02] Order of Succession for the Office of Housing AGENCY:

    Office of the Secretary, HUD.

    ACTION:

    Notice of Order of Succession.

    SUMMARY:

    In this notice, the Secretary designates the Order of Succession for the Office of Housing. This Order of Succession supersedes all prior orders of succession for the Assistant Secretary for Housing—FHA Commissioner, including the Order of Succession published on January 3, 2013.

    DATES:

    Effective upon date of signature.

    FOR FURTHER INFORMATION CONTACT:

    Laura M. Marin, Associate General Deputy Assistant Secretary, Office of the Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Development, 451 7th Street SW., Room 9106, Washington, DC 20410; telephone number 202-708-2601. (This is not a toll-free number.) Persons with hearing or speech impairments may call HUD's toll-free Federal Relay Service at 800-877-8339.

    SUPPLEMENTARY INFORMATION:

    The Secretary of Housing and Urban Development is issuing this Order of Succession of officials authorized to perform the functions and duties of the Office of the Assistant Secretary for Housing—FHA Commissioner when the Assistant Secretary—FHA Commissioner is not available to exercise the powers or perform the duties of the office. This publication supersedes all prior orders of succession for the Office of Housing, including the Order of Succession notice published on January 3, 2013.

    Section A. Order of Succession

    During any period, when the Assistant Secretary for Housing—FHA Commissioner is not available to exercise the powers or perform the duties of the Assistant Secretary for Housing—FHA Commissioner, the following officials within the Office of Housing are hereby designed to exercise the powers and perform the duties of the Office, including the authority to waive regulations:

    (1) Principal Deputy Assistant Secretary for Housing;

    (2) General Deputy Assistant Secretary for Housing;

    (3) Associate General Deputy Assistant Secretary for Housing;

    (4) Deputy Assistant Secretary for Single Family Housing;

    (5) Deputy Assistant Secretary for Multifamily Housing;

    (6) Deputy Assistant Secretary for Risk Management and Regulatory Affairs;

    (7) Deputy Assistant Secretary for Housing Counseling;

    (8) Deputy Assistant Secretary for Finance and Budget;

    (9) Deputy Assistant Secretary for Operations;

    (10) Deputy Assistant Secretary for Healthcare Programs.

    These officials shall perform the functions and duties of the office in the order specified herein, and no official shall serve unless all other officials whose positions precede his/hers in this order are unable to act by reason of absence, disability, or vacancy in office.

    Section B. Authority Superseded

    This Order of Succession supersedes all prior orders of succession for the Assistant Secretary for Housing—FHA Commissioner, including the one published on January 3, 2013 at 78 FR 316.

    Authority:

    Section 7(d), Department of Housing and Urban Development Act, 42 U.S.C. 3535(d).

    Dated: April 13, 2015. Julián Castro, Secretary of Housing and Urban Development.
    [FR Doc. 2015-08947 Filed 4-17-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5868-N-01] Availability of HUD's Fiscal Year 2013 Service Contract Inventory AGENCY:

    Office of the Chief Procurement Officer, HUD.

    ACTION:

    Notice.

    SUMMARY:

    This notice advises of the availability to the public of service contracts awarded by HUD in Fiscal Year (FY) 2013.

    FOR FURTHER INFORMATION CONTACT:

    Lisa D. Maguire, Assistant Chief Procurement Officer, Office of Policy, Systems and Risk Management, Office of the Chief Procurement Officer, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; telephone number 202-708-0294 or Lawrence E. Chambers, Director, Risk Management and Compliance Unit, Policy, Systems and Risk Management, Department of Housing and Urban Development, 451 7th St. SW., Washington, DC 20410, telephone number: 202-402-6716 (these are not toll-free numbers) and fax number 202-708-8912. Persons with hearing or speech impairments may access Mr. Chambers' telephone number by calling the toll-free Federal Relay Service at 800-877-8339.

    SUPPLEMENTARY INFORMATION:

    In accordance with section 743 of Division C of the Consolidated Appropriations Act of 2010 (Pub. L. 111-117, approved December 16, 2009, 123 Stat. 3034, at 123 Stat. 3216), HUD is publishing this notice to advise the public of service contract inventories that were awarded in FY 2013. The inventories are organized by function and are reviewed by HUD to better understand how contracted services are used to support HUD's primary mission, to insure HUD maintains an adequate workforce for operations and to research whether contractors were performing inherently governmental functions.

    The inventory was developed in accordance with guidance issued on November 5, 2010, by the Office of Management and Budget's Office Federal Procurement Policy (OFPP). OFPP's guidance is available at https://www.whitehouse.gov/sites/default/files/omb/procurement/memo/service-contract-inventories-guidance-11052010.pdf.

    HUD has posted its inventory and a summary of the inventory on the Department of Housing and Urban Development's homepage at the following link: http://portal.hud.gov/hudportal/HUD?src=/program_offices/cpo/sci.

    Dated: April 14, 2015. Lisa D. Maguire, Assistant Chief Procurement Officer.
    [FR Doc. 2015-08945 Filed 4-17-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5866-N-01] Notice of Intent To Prepare an Environmental Impact Statement (EIS) for Coastal and Social Resiliency Initiatives for Tottenville Shoreline, Staten Island, NY AGENCY:

    Office of the Assistant Secretary for Community Planning and Development, HUD.

    ACTION:

    Notice of Intent to Prepare an EIS.

    SUMMARY:

    This provides notice that the State of New York, as the “Responsible Entity,” as that term is defined by 24 CFR 58.2(a)(7)(i), intends to prepare an Environmental Impact Statement (EIS) that will evaluate alternatives for increasing coastal and social resiliency along the Tottenville shoreline on the South Shore of Staten Island and help to avoid or minimize adverse impacts to the quality of the human environment (“Proposed Actions”). The State of New York is the Grantee of Community Development Block Grant Disaster Recovery (CDBG-DR) funds appropriated by the Disaster Relief Appropriations Act, 2013 (Pub. L. 113-2, approved January 29, 2013) related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 (Stafford Act) in calendar years 2011, 2012, and 2013. The Governor's Office of Storm Recovery (GOSR) implements the State's obligations under the National Environmental Policy Act (NEPA) through duly authorized Certifying Officers. GOSR was formed under the auspices of the New York State Homes and Community Renewal's Housing Trust Fund Corporation (HTFC), a public benefit corporation and subsidiary of the New York State Housing Finance Agency.

    The EIS will satisfy the requirements of NEPA and the State Environmental Quality Review Act (SEQRA). This notice is in accordance with the Council on Environmental Quality (CEQ) regulations at 40 CFR parts 1500-1508 and HUD regulations at 24 CFR part 58. Following a public scoping process, a Draft EIS will be prepared for the proposed actions described herein. Comments relating to the Draft Scope of Work for the EIS are requested and will be accepted by the contact person listed below. When the Draft EIS is completed, a notice will be sent to appropriate government agencies, individuals and groups known to have an interest in the Draft EIS and particularly in the environmental impact issues identified therein. Any person or agency interested in receiving notice and commenting on the Draft Scope of Work or Draft EIS should contact the person listed below no later than May 15, 2015. HUD has provided for assumption of its NEPA authority and responsibilities to New York State, as Responsible Entity, for the purposes of administering the Community Development Block Grant Disaster Recovery Program in New York State.

    Comments: Comments relating to the Draft Scope of Work for the EIS are requested and will be accepted by the contact person listed below until May 15, 2015. Comments will also be accepted at the scoping meeting described below on April 30, 2015. All interested agencies, tribes, groups, and persons are invited to submit written comments on the projects named in this notice and on the Draft Scope of Work for the EIS to the contact person listed below. All comments received before May 15, 2015 will be considered prior to the preparation and distribution of the Draft EIS. Commenters are asked to submit any information-related reports or other environmental studies planned or completed in the project area, major issues that the EIS should consider, recommended mitigation measures, and alternatives associated with the Proposed Actions. Federal, State and City agencies having jurisdiction by law, special expertise, or other special interest should report their interest and indicate their readiness to aid in the EIS effort as a “Cooperating Agency.” The following federal agencies have thus far expressed roles as cooperating agencies under NEPA: The United States Army Corps of Engineers (USACE), the National Oceanic and Atmospheric Administration's National Marine Fisheries Service (NOAA-NMFS), and the United States Environmental Protection Agency (USEPA).

    FOR FURTHER INFORMATION CONTACT:

    Daniel Greene, Deputy General Counsel and Certifying Officer, Governor's Office of Storm Recovery, 25 Beaver Street, 5th Floor, New York, NY 10004; email: [email protected] Individuals may request a copy of the Draft Scope of Work by contacting Mr. Greene at this address or by visiting GOSR's Web site at www.StormRecovery.ny.gov/Environment.

    SUPPLEMENTARY INFORMATION:

    A. Background

    The State of New York, acting through GOSR, and acting under authority of HUD's regulations at 24 CFR part 58, and in cooperation with other cooperating, involved, and interested agencies, will prepare an EIS to analyze potential impacts of certain alternatives to enhance coastal and social resiliency on the South Shore of Staten Island. The EIS will seek to avoid or minimize adverse impacts to the quality of the human environment.

    Staten Island is exposed to extreme wave action and coastal flooding during hurricane and nor'easter events due to its location at the mouth of the New York Bight, which funnels and increases the intensity of storm surge into New York Harbor, Raritan Bay, and the shoreline of Staten Island. The South Shore of Staten Island is particularly vulnerable to more continual and gradual coastal erosion and land loss. The overarching goal of the initiative is to reduce risk and coastal erosion along the shoreline in Tottenville by implementing strategies that would primarily address wave action, impacts of coastal flooding, and event-based (i.e., short-term/storm-related) and long-term shoreline erosion, while restoring and enhancing ecosystems and engaging with the community through educational programs and enhanced waterfront access. The EIS will look at several alternatives to achieve these objectives.

    B. Purpose and Need of the Proposed Action

    As described above, the South Shore of Staten Island is vulnerable to coastal erosion and land loss. Consistent with the New York City's Coastal Protection Initiatives and planning studies for the Tottenville area, the goal of the Proposed Actions is to reduce risk and coastal erosion along the shoreline in Tottenville, while enhancing ecosystems and shoreline accessibility and use.

    Specifically, the goals and objectives related to the Proposed Actions' purpose and need are listed below:

    Risk Reduction

    • Attenuate wave energy.

    • Address both event-based and long-term shoreline erosion/preserve beach width.

    • Address the impacts of coastal flooding.

    Ecological Enhancement

    • Increasing diversity of aquatic habitats consistent with the Hudson-Raritan Estuary plan priorities (e.g., oyster reefs and fish and shellfish habitat).

    Social Resiliency

    • Foster community education on coastal resiliency directly tied to and building off the structural components of this resiliency initiative.

    • Increase physical and visual access to the water's edge.

    • Enhance community stewardship of on-shore and in-water ecosystems.

    • Increase access to recreational opportunities.

    C. Project Alternatives

    The EIS will discuss all of the alternatives that have been considered for analysis, identify those that have been eliminated from further consideration because they do not meet the stated purpose and need, and identify those that will be analyzed further. At this time, it is anticipated that the following alternatives will be analyzed:

    Alternative 1—No Action Alternative

    The No Action alternative assumes that no new structural risk reduction projects will be implemented in the project area and existing trends of dune replenishment would continue. This alternative also assumes that current trends with respect to coastal conditions at Tottenville—i.e., relating to erosion, wave action, ecosystems, and water quality—will continue. The No Action alternative also presumes that existing strategies to educate New Yorkers and the general public on the risks posed by climate change will remain the same in the study area.

    Alternative 2—The Layered Tottenville Shoreline Resiliency Strategy: Living Breakwaters and Tottenville Dune Projects (“Layered Strategy”) (Preferred Alternative)

    The Layered Strategy is the State's preferred alternative and it consists of the implementation of two individual projects that, if integrated as one initiative, may provide a better overall coastal projection and promote social resilience. These projects were developed through separate, but related, planning initiatives arising out of the Hurricane Sandy recovery efforts. If implemented together, the projects would be planned and designed as a single, integrated coastal resiliency strategy for this area. By providing two layers of coastal protection, these components, as further described below, will improve current shoreline erosion conditions, serve to further reduce wave action, provide for ecological enhancement and promote social resiliency. The individual components of the Layered Strategy are discussed below.

    Living Breakwaters Project (Rebuild-by-Design)

    New York State has been allocated $60 million of CDGB-DR program funds toward a total estimated project cost of $74 million to implement the below described project along the Tottenville shoreline of the South Shore of Staten Island.

    In-Water Components

    One of the key components of the Layered Strategy is the Breakwaters Project, an ecologically enhanced breakwater system that would reduce wave energy at the shoreline and prevent shoreline erosion. The proposed location of the breakwaters is expected to curtail shoreline erosion, which would support on-going efforts to replenish the protective beaches along the shore. The proposed breakwaters would span an approximately 13,000 linear foot stretch off the Tottenville shoreline of Staten Island and would be located and designed to optimize wave height reduction and reduce coastal erosion. Final siting considerations would include maximizing reductions in wave heights and shoreline erosion, avoiding or minimizing habitat displacement and navigational impacts, and identifying favorable geotechnical conditions.

    The proposed breakwater system would increase habitat diversity through the establishment of structural habitat, which is currently limited within Raritan Bay. The breakwaters would likely provide a combination of exposed, intertidal and subtidal reef habitat, and through the incorporation of “reef streets” (pockets of complexity within the structure) would further increase habitat diversity within Raritan Bay by providing shelter for juvenile fish, and increasing biological recruitment of filter-feeding organisms such as mussels and oysters, furthering opportunities for shellfish restoration within Raritan Bay. The breakwaters would also protect the proposed on-shore dune system described below. The draft operation and maintenance plan for the proposed breakwater system will be described in the EIS.

    On-Shore Community Water Hub/Landscape Elements

    With the goal of promoting social resiliency, a proposed community Water Hub would provide a place for access to the waterfront, orientation, education, information, restoration, gathering and equipment storage. In particular, the Water Hub programming would include classrooms and labs, engaging schools in waterfront education, oyster restoration and reef building, and cultivating long-term estuary stewardship. The educational programming for the Water Hub will directly tie in to the in-water components, as well as to any shoreline resiliency component. In addition to ecological engagement, the Water Hub facilities and programs are intended to educate residents on the risks and benefits of living in the coastal environment and build awareness and preparedness within the community. The Tottenville Water Hub may also include other elements, such as recreation lounges, exhibition space, a local restaurant, maintenance-related storage space and offices, bird watching stations and nature observation decks.

    The Water Hub would potentially be located on the waterfront within or near Conference House Park, although alternate locations will be considered during the EIS process. Siting considerations would include access to existing infrastructure, Coastal Erosion Hazard Area (CEHA) sensitivity, coastal construction permitting, archaeological sensitivity, proximity to the breakwater system, proximity to local schools and public transportation, and neighborhood traffic patterns and parking. The draft operation and maintenance plan for the proposed Water Hub will be described in the EIS.

    The Breakwaters Project would also include several on-shore and near-shore landscape elements in the area of the Water Hub, including living shorelines (high and low marsh), oyster revetments, maritime forest and dune plantings.

    Tottenville Dune Project (NY Rising Community Reconstruction Program)

    New York State proposes to use approximately $6,350,000 of HUD CDBG-DR program funds to implement the below-described dune system with plantings along the Tottenville shoreline from approximately Brighton Street to Joline Avenue. The Dune Project is intended to protect against coastal flooding and wave action, complementing the Breakwaters Project and furthering the goal of risk reduction in Tottenville.

    The Tottenville Dune Project is proposed as a hardened dune system that would consist of constructed dunes having a stone core with a sand cap, and is the primary shoreline component of the layered approach to risk reduction in Tottenville. Once constructed, the dunes would be planted with appropriate vegetation, which through root growth, will serve to stabilize the dunes to withstand wind and water erosion while promoting enlargement of the dunes by accretion.

    The proposed dune system would be located along the Tottenville shoreline from approximately Brighton Street to Joline Avenue. Temporary dunes, constructed by the New York City Department of Parks and Recreation (NYCDPR) as interim protective measures post-Sandy, are currently in place from approximately Brighton Street to Sprague Avenue. These temporary dunes would be replaced with the larger, hardened dune system. New dunes would also be constructed from Sprague Avenue to Joline Avenue. Americans with Disabilities Act (ADA) accessible access points to the beach would also be constructed along the new dune system and would be considered and designed in tandem with the Water Hub and living shoreline project components. Designing the dunes in conjunction with the breakwaters may enable design modifications of the dunes (such as, reduced height) that would enhance the need for shoreline accessibility. The draft operation and maintenance plan for the proposed dune system will be described in the EIS.

    Alternative 3—Breakwaters Without a Dune System

    This alternative will evaluate conditions with the proposed breakwaters in place (including the on-shore community Water Hub and landscape elements), but without a proposed long-term dune system between Brighton Avenue and Joline Avenue.

    Alternative 4—Dune System Without Breakwaters

    This alternative will evaluate conditions with the proposed long-term dune system in place, but without the proposed breakwaters, Water Hub, or on-shore landscape elements.

    Other Alternatives

    Other alternatives may be developed in consultation with the United States Army Corp of Engineers, the National Oceanic and Atmospheric Administration—National Marine Fisheries Service, the United States Environmental Protection Agency, the New York State Department of State, New York State Department of Environmental Conservation, New York City Department of Parks and Recreation and other involved agencies during the EIS preparation process, as well as in response to suggestions made by project stakeholders and the general public during the EIS scoping process. Notably, GOSR intends for the alternatives analysis to fulfill the requirements for a permit under Section 404 of the Clean Water Act. These may include non-structural coastal resilience strategies, but only to the extent that they meet the purposes and need for both enhanced shoreline protection and increased social resiliency. The alternatives may also include coastal resiliency strategies proposed by other governmental stakeholders, to the extent that these strategies are made available to GOSR during development of the Draft EIS. Additionally, alternatives may also include alternate designs or sizes of both the dune and breakwaters.

    D. Need for the EIS

    The actions proposed herein may constitute an action significantly affecting the quality of the environment and an EIS will be prepared on this project in accordance with NEPA. Responses to this notice will be used to: (1) Determine significant environmental issues, (2) assist in developing a range of alternatives to be considered, (3) identify issues that the EIS should address, and (4) identify agencies and other parties that will participate in the EIS process and the basis for their involvement.

    E. Scoping

    A public EIS scoping meeting will be held on April 30, 2015 from 7:00 to 9:00 p.m. at CYO-MIV Community Center, 6541 Hylan Blvd., Staten Island, NY 10309. The public meeting site will be accessible to the mobility-impaired. Interpreter services will be available for the hearing or visually impaired upon advance request. The EIS scoping meetings will provide an opportunity for the public to learn more about the Proposed Actions and provide input to the environmental process. At the meetings, an overview of the Proposed Actions, including the preferred Layered Strategy alternative, will be presented and members of the public will be invited to comment on the scope of work for the environmental analyses in the EIS. Written comments and testimony concerning the scope of the EIS will be accepted at these meetings. In accordance with 40 CFR 1501.7; affected Federal, State, and local agencies, any affected Indian tribes, and other interested parties will be sent a scoping notice. In accordance with 24 CFR 58.59, the scoping meetings will be preceded by a notice of public meeting published in the local news media at least 15 days before the hearing date.

    F. Probable Environmental Effects

    The following subject areas will be analyzed in the combined EIS for probable environmental effects: Land Use, Zoning, and Public Policy; Socioeconomic Conditions; Environmental Justice; Cultural Resources; Visual Character; Shadows; Natural Resources; Water and Sewer Infrastructure; Transportation; Air Quality; Greenhouse Gases and Climate Change; Noise; Construction; Public Health; Neighborhood Character; and Cumulative Effects.

    Questions may be directed to the individual named in this notice under the heading FOR FURTHER INFORMATION CONTACT.

    Date: April 15, 2015. Clifford Taffet, General Deputy Assistant Secretary for Community Planning and Development.
    [FR Doc. 2015-09007 Filed 4-17-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5857-N-01] Section 8 Housing Assistance Payments Program—Fiscal Year (FY) 2015 Inflation Factors for Public Housing Agency (PHA) Renewal Funding AGENCY:

    Office of the Assistant Secretary for Policy Development and Research, HUD.

    ACTION:

    Notice.

    SUMMARY:

    The Consolidated Appropriations Act, 2015 requires that HUD apply “an inflation factor as established by the Secretary, by notice published in the Federal Register” to adjust FY 2015 renewal funding for the Tenant-based Rental Assistance Program or Housing Choice Voucher (HCV) Program of each PHA. HUD began using Renewal Funding Inflation Factors in FY 2012. These Renewal Funding Inflation Factors incorporate economic indices to measure the expected change in per unit costs (PUC) for the HCV program. The methodology for FY 2015 is similar to that used in FY 2014.

    DATES:

    Effective Date: April 20, 2015. Comments Due Date: June 19, 2015.

    ADDRESSES:

    Interested persons are invited to submit comments on potential improvements to HUD's per unit cost (PUC) forecasting model to the Office of the General Counsel, Rules Docket Clerk, Department of Housing and Urban Development, 451 Seventh Street SW., Room 10276, Washington, DC 20410-0001. Communications should refer to the above docket number and title and should contain the information specified in the “Request for Comments” section. There are two methods for submitting public comments.

    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. Due to security measures at all federal agencies, however, submission of comments by mail often results in delayed delivery. To ensure timely receipt of comments, HUD recommends that comments submitted by mail be submitted at least two weeks in advance of the public comment deadline.

    2. Electronic Submission of Comments. Interested persons may submit comments electronically through the Federal eRulemaking Portal at http://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 http://www.regulations.gov Web site can be viewed by other commenters and interested members of the public. Commenters should follow 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 notice.

    No Facsimile Comments. Facsimile (FAX) comments are not acceptable.

    Public Inspection of Comments. All comments and communications submitted to HUD will be available, without change, 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 advance appointment to review the public comments must be scheduled by calling the Regulations Division at (202) 708-3055 (this is not a toll-free number). Copies of all comments submitted are available for inspection and downloading at http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Miguel A. Fontanez, Director, Housing Voucher Financial Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, telephone number 202-402-4212; or Peter B. Kahn, Director, Economic and Market Analysis Division, Office of Policy Development and Research, telephone number 202-402-2409, for technical information regarding the development of the schedules for specific areas or the methods used for calculating the inflation factors, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410. Hearing- or speech-impaired persons may contact the Federal Relay Service at 800-877-8339 (TTY). (Other than the “800” TTY number, the above-listed telephone numbers are not toll free.)

    SUPPLEMENTARY INFORMATION: I. Background

    Tables showing Renewal Funding Inflation Factors will be available electronically from the HUD data information page at: http://www.huduser.org/portal/datasets/rfif/FY2015/FY2015_RFIF_FMR_AREA_REPORT.pdf.

    Division K, Title II, Consolidated and Further Continuing Appropriations Act, 2015 requires that the HUD Secretary, for the calendar year 2015 funding cycle, provide renewal funding for each public housing agency (PHA) based on validated voucher management system (VMS) leasing and cost data for the prior calendar year and by applying an inflation factor as established by the Secretary, by notice published in the Federal Register. This notice provides the FY 2015 inflation factors and describes the methodology for calculating them.

    II. Methodology

    The Department has focused on measuring the change in average PUC as captured in HUD's administrative data in VMS. In order to predict the likely path of PUC over time, HUD has implemented a model that uses three economic indices that capture key components of the economic climate and assist in explaining the changes in PUC. These economic components are the seasonally-adjusted unemployment rate (lagged twelve months), the Consumer Price Index from the Bureau of Labor Statistics, and the “wages and salaries” component of personal income from the National Income and Product Accounts from the Bureau of Economic Analysis. This model subsequently forecasts the expected annual change in average PUC from Calendar Year (CY) 2014 to CY 2015 for the voucher program on a national basis by incorporating comparable economic variables from the Administration's economic assumptions. For reference, these economic assumptions are described in Chapter 2 of the Analytical Perspectives in the President's FY 2016 Budget Proposal.

    Using the Per Unit Cost forecasting model, HUD forecasts average PUC to decrease slightly in 2015. The PUC forecast for 2015 uses VMS data and actual performance of economic indices through December of 2014. With no increases in PUCs predicted for 2015, the Renewal Funding Inflation Factor for each area will be 1.0.

    III. The Use of Inflation Factors

    Typically, the inflation factors have been developed to account for relative differences in the PUC of vouchers so that HCV funds can be allocated among PHAs. However, since the current forecast is for the PUC to decline in 2015, HUD has set all areas to have an inflation factor of 1.0, which is consistent with the statutory requirements governing the Annual Adjustment Factor.

    IV. Geographic Areas and Area Definitions

    Inflation factors based on PUC forecasts are produced for all FMR areas. The tables showing the Renewal Funding Inflation Factors available electronically from the HUD data information page list the inflation factors for each FMR area and are created on a state by state basis. The inflation factors use the same OMB metropolitan area definitions, as revised by HUD, that are used in the FY 2015 FMRs. To make certain that they are referencing the correct inflation factors, PHAs should refer to the Area Definitions Table on the following Web page: http://www.huduser.org/portal/datasets/rfif/FY2015/FY2015_RFIF_FMR_AREA_REPORT.pdf. The Area Definitions Table lists areas in alphabetical order by state, and the counties associated with each area. In the six New England states, the listings are for counties or parts of counties as defined by towns or cities.

    V. Request for Comments

    HUD has forecasted the decline in national PUC for 2015 to be −0.79 percent. While more analysis is necessary, HUD is concerned that the current model used to predict the amount of per unit cost, when interacted with voucher program appropriations decisions, may have inadvertently locked in PHA cost reduction behaviors used to cope with funding reductions under sequestration in 2013.

    Rather than terminate assistance from families participating in the program, PHAs often respond to reduced funding by not reissuing vouchers when families leave the program. However there is a strong incentive for PHAs to reduce spending in the voucher program by means other than reducing the number of families served because PHA administrative fees are based on the number of vouchers under lease. These policies have the effect of reducing the (average) subsidy cost of vouchers, and as a result, reduce a family's ability to rent in higher rent markets and higher opportunity areas. These policies, while necessary to handle the budget constraints, may also be viewed as reducing the effectiveness of vouchers in meeting the goals of the program.

    One of the primary tools PHAs use in administering the voucher program is through setting payment standards. Payment standards, rather than Fair Market Rents (FMR), form the basis of the subsidy (the lower of the payment standard or gross rent less the total tenant payment—typically 30 percent of adjusted household income) since a tenant selecting a unit with a gross rent higher than the payment standard must make up the additional rent to the owner. When payment standards decrease relative to FMR, the selection of units available to tenants decreases and higher opportunity neighborhoods with generally higher rents may no longer be available for tenants. A reduction of payment standards relative to FMRs is likely to cause gross rents to grow more slowly than FMRs as tenants choose units available within the payment standard.

    Other tools PHAs may use to reduce subsidy cost include policies that encourage more earnings among tenants or by approving more cases of tenants paying more than 30 percent of adjusted income toward rent.

    Thus, the model's projections for PUC may not accurately forecast the true cost of maintaining a voucher program when there is a significant external event. As stated in prior notices, HUD may update the methodology for future funding estimates to improve the forecasting model, if necessary. HUD is also continuing to review and refine the methodology, especially for area differences in the factors, which will be described in future inflation factor notices. One option the Department is considering is to create a “constant quality” PUC forecast that addresses reduced payment standards and increases in tenant contributions as a way to account for outside disruptions such as sequestration. The Department welcomes comments on other ways to calculate the Renewal Funding Inflation Factor for the Housing Choice Voucher program for 2016 and beyond.

    VI. Environmental Impact

    This notice involves a statutorily required establishment of a rate or cost determination which does not constitute a development decision affecting the physical condition of specific project areas or building sites. Accordingly, under 24 CFR 50.19(c)(6), this notice is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321).

    Dated: April 10, 2015. Katherine M. O'Regan, Assistant Secretary for Policy Development and Research.
    [FR Doc. 2015-09011 Filed 4-17-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5869-D-02] Order of Succession for the Office of Community Planning and Development AGENCY:

    Office of the Secretary, HUD.

    ACTION:

    Notice of Order of Succession for the Office of Community Planning and Development.

    SUMMARY:

    In this notice, the Secretary of HUD designates the Order of Succession for the Office of Community Planning and Development. This Order of Succession supersedes all prior Orders of Succession for the Assistant Secretary for Community Planning and Development, including the Order of Succession published on May 30, 2012.

    DATES:

    Effective upon date of signature.

    FOR FURTHER INFORMATION CONTACT:

    David H. Enzel, Director, Office of Technical Assistance and Management, Department of Housing and Urban Development, 451 7th Street SW., Room 7228, Washington, DC 20410-7000; telephone number 202-402-5557. (This is not a toll-free number.) This number may be accessed via TTY by call the Federal Relay Service at 1-800-877-8339 (this is a toll-free number).

    SUPPLEMENTAL INFORMATION:

    The Secretary of HUD is issuing this Order of Succession of officials authorized to perform the functions and duties of the Office of the Assistant Secretary for Community Planning and Development when the Assistant Secretary is not available to exercise the powers or perform the duties of the office. This publication supersedes all prior orders of succession for the Office of Community Planning and Development, including the Order of Succession published in the Federal Register on May 30, 2012.

    Section A. Order of Succession

    During any period when the Assistant Secretary is not available to exercise the powers or perform the duties of the Assistant Secretary for Community Planning and Development the following officials within the Office of Community Planning and Development are hereby designated to exercise the powers and perform the duties of the Office, including the authority to waive regulations:

    (1) Principal Deputy Assistant Secretary for Community Planning and Development;

    (2) General Deputy Assistant Secretary for Community Planning and Development;

    (3) Deputy Assistant Secretary for Grant Programs;

    (4) Deputy Assistant Secretary for Special Needs Programs;

    (5) Deputy Assistant Secretary for Operations;

    (6) Deputy Assistant Secretary for Economic Development.

    These officials shall perform the functions and duties of the office in the order specified herein, and no official shall serve unless all the other officials, whose positions precede his/hers in this order, are unable to act by reason of absence, disability, or vacancy in office.

    Section B. Authority Superseded

    This Order of Succession supersedes all prior orders of succession for the Office of Community Planning and Development, including the one published at 77 FR 31974 on May 30, 2012.

    Authority:

    Section 7(d), Department of Housing and Urban Development Act, 42 U.S.C. 3535(d).

    Dated: April 13, 2015. Julián Castro, Secretary of Housing and Urban Development.
    [FR Doc. 2015-08950 Filed 4-17-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5870-D-01] Consolidated Delegation of Authority for the Office of Housing—Federal Housing Administration (FHA) AGENCY:

    Office of the Secretary, HUD.

    ACTION:

    Notice of revocation and delegation of authority.

    SUMMARY:

    Section 7(d) of the Department of Housing and Urban Development (HUD) Act, as amended, authorizes the Secretary to delegate functions, powers and duties as the Secretary deems necessary. In this delegation of authority, the Secretary delegates authority to the Assistant Secretary for Housing—Federal Housing Commissioner, the Principal Deputy Assistant Secretary for Housing, the General Deputy Assistant Secretary for Housing and the Associate General Deputy Assistant Secretary for Housing, for the administration of certain Office of Housing programs. This delegation revokes and supersedes all prior delegations of authority, including the delegation published on June 20, 2012.

    DATES:

    Effective upon date of signature.

    FOR FURTHER INFORMATION CONTACT:

    Laura M. Marin, Associate General Deputy Assistant Secretary, Office of the Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Development, 451 7th Street SW., Room 9106, Washington, DC 20410; telephone number 202-708-2601. (This is not a toll-free number.) Persons with hearing or speech impairments may call HUD's toll-free Federal Relay Service at 800-877-8339.

    SUPPLEMENTARY INFORMATION:

    This notice supersedes the prior consolidated delegation of authority dated June 20, 2012. First, authority previously delegated to the Assistant Secretary for Housing—Federal Housing Commissioner (Assistant Secretary) and General Deputy Assistant Secretary for Housing—Deputy Federal Housing Commissioner (General Deputy Assistant Secretary), with regard to regulation of government-sponsored enterprises (GSEs) under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4501 et seq.) (FHEFSSA), is no longer included in the delegation to the aforesaid official. Except for certain fair housing oversight requirements retained by HUD, programmatic regulation of the GSEs was transferred to the Federal Housing Finance Agency by the Housing and Economic Recovery Act of 2008 (Pub. L. 110-289, approved July 30, 2008). The Secretary's authority for those oversight requirements has been delegated in a separate document to the Assistant Secretary for Fair Housing. Second, this delegation has been updated (in sections B through E) to include legislative authority enacted since the 2006 publication of consolidated delegations for the Office of Housing and includes a new overall category for risk management and regulatory functions and authorities. With respect to regulatory authorities, as of July 21, 2011, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111-203, approved July 21, 2010) transferred from the Department of Housing and Urban Development to a new Consumer Financial Protection Bureau, all powers and duties vested in HUD to carry out the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601-2617); the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Title V of Pub. L. 110-289, approved July 30, 2008); and the Interstate Land Sales Full Disclosure Act (15 U.S.C. 1701 et seq.).

    Nevertheless, HUD may be responsible for certain actions undertaken prior to the transfer date but not completed, or for other residual duties after the transfer of regulatory functions. As a result, this notice contains delegations of authority under the statutes cited above. Finally, the general delegation below includes the position of the Associate General Deputy Assistant Secretary for Housing.

    Section A. General Delegation of Authority

    Unless otherwise stated, the Assistant Secretary, the Principal Deputy Assistant Secretary, the General Deputy Assistant Secretary and the Associate General Deputy Assistant Secretary for Housing are each delegated the power and authority of the Secretary of HUD with respect to all housing programs and functions, including, but not limited to, those listed below in Sections B through F, with authority to redelegate to officials of the Department, unless otherwise specified. Only the Assistant Secretary for Housing is delegated the authority to issue a final regulation or a Notice of Funding Availability (NOFA). The authority delegated herein to the Assistant Secretary, Principal Deputy Assistant Secretary and General Deputy Assistant Secretary for Housing includes the authority to waive regulations and statutes.

    Section B. Multifamily, Healthcare, and Other Authority Delegated

    The authority of the Secretary of HUD with respect of Office of Housing's multifamily housing, healthcare, and certain other programs and functions that are authorized under the following:

    (1) Titles I, II, V, VI, VII, VIII, IX, and XI of the National Housing Act (12 U.S.C. 1701 et seq.) in exercising the power and authority delegated under this section;

    (2) Section 202 of the Housing Act of 1959, as such section existed prior to the enactment of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 1701q note), as amended by section 811 of the American Homeownership and Economic Opportunity Act of 2000 (Pub. L. 106-561);

    (3) Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), as amended by Subtitle A of Title VIII of the National Affordable Housing Act of 1990, with respect to the provision of capital advances and rental housing assistance for supportive housing for the elderly, as amended by Subtitle C of the American Homeownership and Economic Opportunity Act of 2000 (Pub. L. 106-561);

    (4) The Supportive Housing for Elderly Act of 2010 (Pub. L. 111-372);

    (5) Section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s); with respect to the Rent Supplement program for disadvantaged persons, including the authority to administer contracts and requirements for rent supplements;

    (6) Section 8 Housing assistance under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), including the authority delegated under Executive Order 11196 to approve the undertaking of any annual contribution, grant, or loan, or any agreement or contract for any annual contribution, grant or loan;

    (7) Section 808 of the National Affordable Housing Act (Pub. L. 101-625), and sections 671, 672, 674, 676, and 677 of the Housing and Community Development Act of 1992 (42 U.S.C. 13631), with respect to the provision of service coordinators in federally assisted housing;

    (8) Sections 201, 202, 203, and 204 of the Housing and Community Development Amendments of 1978, and amendment contained in Title I of the Multifamily Housing Property Disposition Reform Act of 1994 (Pub. L. 103-233, 12 U.S.C. 1701 note);

    (9) The Housing Development Grant Program, pursuant to Section 17 of the United States Housing Act of 1937 (42 U.S.C. 1437o);

    (10) Section 4(d) of the Department of Housing and Urban Development Act (42 U.S.C. 3533), which provides the Assistant Secretary is the Assistant to the Secretary who shall be responsible for providing information and advice to nonprofit organizations desiring to sponsor housing projects assisted under programs administered by the Department;

    (11) The authority of the Secretary under the Revolving Fund for Liquidating Programs (12 U.S.C. 1701q) to manage, repair, lease, and otherwise take all actions necessary to protect the financial interest of the Secretary in properties as to which the Secretary is mortgagee-in-possession; and to manage, repair, complete, remodel and convert, administer, dispose of, lease, sell, or exchange for cash or credit at public or private sale; and to pay annual sums in lieu of taxes on, obtain insurance against loss on, and otherwise deal with properties as to which the Secretary has acquired title based on a loan made under the former Section 312 Rehabilitation Loan Program;

    (12) The function of the Secretary under Section 7(i)(3) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(i)(3)), concerning the sale, exchanges, or lease of real or personal property and the sale or exchange of securities or obligations with respect to any multifamily project;

    (13) Title IV of the Housing and Community Development Amendments of 1978 (42 U.S.C. 8001 et seq.);

    (14) The authority to endorse any checks or drafts in payment of insurance losses on which the United States of America, acting by and through the Secretary or the Secretary's successors or assigns, is a payee (joint or otherwise) in connection with the disposition of the government's interest in property or lease of such property;

    (15) Section 2 of the Housing and Urban Development Act of 1968 (12 U.S.C. 3701-3717);

    (16) The Multifamily Mortgage Foreclosure Act of 1981 (12 U.S.C. 3701-3717);

    (17) The authority to act as an Attesting Officer with authorization to cause the seal of the Department of Housing and Urban Development to be affixed to such documents as may require its application and to certify that a copy of any book, record, paper, microfilm, electronic document, or any other document is a true copy of that in the files of the Department;

    (18) The Congregate Housing Services Program under Section 802 of the National Affordable Housing Act (42 U.S.C. 8011);

    (19) The HOPE for Homeownership of Multifamily Units Program under Title IV, Subtitle B, of the National Affordable Housing Act (42 U.S.C. 12701, 12871);

    (20) The Multifamily Risk Sharing Programs pursuant to Section 542 of the Housing and Community Development Act of 1992 (Pub. L. 102-550, October 28, 1992);

    (21) Title II of the Housing and Community Development Act of 1987 (12 U.S.C. 1715 note), and the Emergency Low-Income and Housing Preservation Act of 1987 (ELIHPA), as each is amended by Subtitle A of Title VI of the National Affordable Housing Act (12 U.S.C. 4101 et seq.) and the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (LIHPRHA), as further amended by Title III of the Housing and Community Development Act of 1992 (12 U.S.C. 4141 et seq.);

    (22) Section 811 of Subtitle B of Title VIII of the National Affordable Housing Act of 1990 (42 U.S.C. 8013), with respect to the provision of capital advances and rental housing assistance for supportive housing for persons with disabilities as amended by Subsection C of Title VIII of the American Homeownership and Economic Opportunity Act of 2000 (Pub. L. 111-374);

    (23) Section 581 of the National Affordable Housing Act of 1990 (Pub. L. 101-625) and Chapter 2, Subtitle C of Title V of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 1190 et seq.), relating to the federally assisted low-income housing drug elimination program;

    (24) The Portfolio Reengineering Demonstration Program authorized under Sections 211 and 212 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Pub. L. 104-204, 110 Stat. 2874, approved September 26, 1997), as reauthorized and amended by Section 522(b) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998 (Pub. L. 105-65, 111 Stat. 1344, 1446, approved October 27, 1997) (42 U.S.C. 1437f note); all provisions of the Mark-to-Market Extensions Act of 2001 (Title VI of Pub. L. 107-116); and all provisions of the Multifamily Assisted Housing Reform and Affordability Act (MAHRA) (42 U.S.C. 1437f note);

    (25) The authority to take actions necessary to ensure that participants in HUD programs under the jurisdiction of the Assistant Secretary for Housing comply with the regulations, rules, and procedures of the Department including, but not limited to, imposing limited denials of participation;

    (26) The Rental Assistance Program authorized by Section 236 of the National Housing Act (12 U.S.C. 1715z-1);

    (27) The Rural Health Care Capital Access Act of 2006 (Pub. L. 109-240);

    (28) The Preservation Approval Process Improvement Act of 2007 (Pub. L. 110-35);

    (29) The FHA Loan Limit Adjustment Act of 2003, as contained in Section 302 of Public Law 108-186;

    (30) Sections 2832, 2834, and 2835(b) of Title VIII, Subtitle B, of the Housing Economic Recovery Act of 2008 (Pub. L. 110-289);

    (31) The management and disposition of HUD-owned multifamily projects and HUD-held mortgages and the provision of grants and loans, as provided under Section 204(a) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Pub. L. 104-204) (12 U.S.C. 1715z-11a);

    (32) Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u);

    (33) The authority to foreclose mortgages, sell foreclosed properties, and modify terms of contract pursuant to Section 7(i) of the Department of Housing and Urban Development Act;

    (34) The authority to establish fees and charges pursuant to Section 7(j) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(j));

    (35) The authority to accept voluntary services pursuant to Section 7(k) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(k));

    (36) The authority to carry out the provisions of the Legacy Act of 2003 (Pub. L. 108-186);

    (37) The authority to appoint a Special Assistant for Cooperative Housing pursuant to section 102(h) of the Housing Amendments of 1955 (12 U.S.C. 1715e note); and

    (38) The Self-Help Housing Property Disposition Program authorized under the Federal Property and Administrative Services Act of 1949, as amended by Public Housing 105-50, approved October 6, 1997 (40 U.S.C. 550(f)).

    Section C. Single Family and Other Authority Delegated

    The authority of the Secretary of HUD with respect to the Office of Housing's single family housing and certain programs, including regulatory programs, and functions, and the authority with respect to mortgagee activities (including Title I lenders) for single family programs that are authorized under the following:

    (1) Title I, II, V, VI, VIII and IX of the National Housing Act (12 U.S.C. 1701 et seq.);

    (2) The HOPE for Homeowners Act of 2008, as contained in Division A, Title IV, of the Housing and Economic Recovery Act of 2008 (Pub. L. 110-289), as amended by section 202 of the Helping Families Save their Homes Act of 2009 (Pub. L. 111-22);

    (3) Section 203 of the Helping Families Save their Homes Act of 2009 (Pub. L. 111-22);

    (4) The authority to sell, exchange, or lease real or personal property and to sell or exchange securities of obligation with respect to any single-family property pursuant to Section 7(i)(3) of the Department of Housing and Urban Development Act;

    (5) The authority to endorse any checks or drafts in payment of insurance losses on which the United States of America, acting by and through the Secretary or his/her successors or assigns, is a payee (joint or otherwise), in connection with the disposition of the government's interest in property or lease of such property;

    (6) The authority of the Secretary under the Revolving Fund for Liquidating Programs (12 U.S.C. 1701q) to manage, repair, lease, and otherwise take all actions necessary to protect the financial interest of the Secretary in mortgagee-in-possession and to manage, repair, complete, remodel and convert, administer, dispose of, lease, sell, or exchange for cash or credit at public or private sale, pay annual sums in lieu of taxes on, obtain insurance against loss on, and otherwise deal with properties as to which the Secretary has acquired title based on a loan under the former Section 312 Rehabilitation Loan Program;

    (7) The Nehemiah Housing Opportunity grant program in Sections 609-614 of the Housing and Community Development Act of 1987 (12 U.S.C. 1715e);

    (8) The authority to take actions necessary to ensure that participants in HUD programs comply with regulations, rules, and procedures of the Department including, but not limited to, imposing limited denials of participation;

    (9) The authority to foreclose mortgages, sell foreclosed properties, and modify terms of contract pursuant to Section 7(i) of the Department of Housing and Urban Development Act;

    (10) The authority to establish fees and charges pursuant to Section 7(j) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(j));

    (11) The authority to accept voluntary services pursuant to Section 7(k) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(k)); and

    (12) The authority to implement and administer the Emergency Homeowners' Loan Program with the Emergency Homeowners' Relief Act, as amended (12 U.S.C. 2701 et seq.), in cooperation with HUD's Office of Policy Development and Research and HUD's Office of the Chief Financial Officer.

    Section D. Housing Counseling and Other Authority Delegated

    The authority of the Secretary of HUD with respect to the Office of Housing Counseling and certain programs, including regulatory programs, and functions, and the authority with respect to Housing Counseling approval and certification activities that are authorized under the following:

    (1) The authority to carry out sections 1451(a) and (b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010; and

    (2) Section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x).

    Section E. Financial Operations and Management Controls Authority Delegated

    (1) The authority to provide financial management for programs administered by the Assistant Secretary;

    (2) The authority to formulate and develop financial management and internal control policies; to oversee compliance by the Office of Housing and Federal Housing Administration (FHA) with OMB Circulars A-123 (Management and Accountability Control), A-127 (Financial Management Systems), and A-130 (Federal Information Resources) as they apply to Housing and FHA financial and program operations; establish and supervise the development and execution of uniform Office of Housing and FHA policies, principles, and procedures necessary for financial management; to issue directions and implement these policies and modifications to existing products;

    (3) The authority to maintain the FHA General Ledger and the chart of accounts of the FHA funds;

    (4) The authority to establish and maintain appropriate financial management controls over Office of Housing and FHA programs; to provide technical guidance to organizational elements under the Assistant Secretary in the field of accounting and fiscal matters; to track Office of Housing and FHA financial activities against budget and business plan; to coordinate the development and maintenance of integrated financial management systems needed for accounting and management of housing and FHA programs;

    (5) The authority to prepare reports; to report to the Assistant Secretary, other offices, the Department's Chief Financial Officer, and HUD regional and field staff on the financial condition of FHA mortgage insurance programs; to publish and annual FHA report reflecting prior year accomplishments and the audited financial statements; and to prepare internal reports on the financial condition of Office of Housing and FHA programs;

    (6) The authority to develop and maintain integrated financial management systems, and to direct studies and audits of the accounting and financial information and systems functions;

    (7) The authority to prepare and execute policies and systems to measure the financial and actuarial soundness of Office of Housing and FHA programs; and to ensure the conduct of an independent annual audit of the FHA program financial statements;

    (8) The authority to obtain reports, information, advice, and assistance in carrying out assigned functions; and to develop financial management information to assist in developing budget, financial, accounting, and cost-accounting information on a timely basis;

    (9) The authority to direct the investment of money held in the various Office of Housing/FHA insurance funds that is not needed for current operations, in bonds or other obligations of the United States, or in bonds or other obligations whose principal interest is guaranteed by the United States; and

    (10) The authority to borrow funds from the Department of the Treasury to facilitate credit reform programs.

    Section F. Risk Management and Regulatory Functions—Authority Delegated

    (1) To establish, impose, and maintain all appropriate risk management policies, activities, and controls for programs carried out by the Assistant Secretary, including analyzing the risk management and evaluation functions, performing front-end risk assessments prior to implementation of programs, and implementing the regulatory requirement contained in section 941(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 relating to risk retention regulations;

    (2) The Interstate Land Sales Full Disclosure Act, Title XIV of the Housing and Urban Development Act of 1968 (15 U.S.C. 1701 et seq.), as proscribed by sections 1062, 1063, and 1064 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Pub. L. 111-203);

    (3) The Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq.), as proscribed by sections 1062, 1063, and 1064 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Pub. L. 111-203);

    (4) The Secure and Fair Enforcement for Mortgage Licensing Act of 2008, as contained in Division A, Title V, of the Housing and Economic Recovery Act of 2008 (Pub. L. 110-289), and proscribed by sections 1062, 1063, and 1064 of the Dodd-Frank Wall Street Reform Act of 2010 (Pub. L. 111-203);

    (5) All matters and requirements of the National Manufactured Housing Construction and Safety Standards Act of 1974 and Title VI of the Housing and Community Development Act of 1974 (42 U.S.C. 5401-5426).

    Section G. Authority Excepted

    Authority excepted from this delegation of authority from the Secretary of Housing and Urban Development to the Assistant Secretary, the Principal Deputy Assistant Secretary, the General Deputy Assistant Secretary and the Associate General Deputy Assistant Secretary for Housing is the authority to sue and be sued.

    Section H. Authority to Redelegate

    In accordance with a written redelegation of authority, the Assistant Secretary, the Principal Deputy Assistant Secretary, the General Deputy Assistant Secretary and the Associate General Deputy Assistant Secretary for Housing may further redelegate specific authority. Redelegated authority to Housing Deputy Assistant Secretaries or other ranking Housing officials does not supersede the authority of the Assistant Secretary as designee of the Secretary. The redelegations published in 77 FR 37237, 77 FR 37240, 77 FR 37241, 77 FR 37248, 77 FR 37250, 77 FR 37252 and the redelegation published on January 3, 2013 at 78 FR 317 remain in effect, including amendments thereto.

    Section I. Authority Superseded

    The previous delegations of authority from the Secretary of HUD to the Assistant Secretary for Housing are hereby revoked and superseded by this delegation of authority, including the previous delegation of authority for Housing published on June 20, 2012 at 77 FR 37234.

    Section J. Conclusive Evidence of Authority

    The execution of any instrument or document, which purports to relinquish or transfer the Secretary's right to, title to, or interest in, real or personal property, by an employee of the Department of Housing and Urban Development or other official or officials to whom the Secretary's authority under section 204(g) of the National Housing Act is delegated under this notice shall be conclusive evidence of the authority of such employee to act for the Secretary in executing such instrument or document.

    Authority:

    Section 7(d), Department of Housing and Urban Development Act (42 U.S.C. 3535(d)).

    Dated: April 13, 2015. Julián Castro, Secretary of Housing and Urban Development.
    [FR Doc. 2015-08946 Filed 4-17-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R7-R-2015-N074; FF07R08000F-XRS-1263-0700000-156] Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; Alaska Guide Service Evaluation AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice; request for comments.

    SUMMARY:

    We (U.S. Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. We summarize the ICR below and describe the nature of the collection and the estimated burden and cost. This information collection is scheduled to expire on May 31, 2015. We 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

    DATES:

    You must submit comments on or before May 20, 2015.

    ADDRESSES:

    Send your comments and suggestions on this information collection to the Desk Officer for the Department of the Interior at OMB-OIRA at (202) 395-5806 (fax) or [email protected] (email). Please provide a copy of your comments to the Service Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803 (mail), or [email protected] (email). Please include “1018-0141” in the subject line of your comments.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact Hope Grey at [email protected] (email) or 703-358-2482 (telephone). You may review the ICR online at http://www.reginfo.gov. Follow the instructions to review Department of the Interior collections under review by OMB.

    SUPPLEMENTARY INFORMATION: Information Collection Request

    OMB Control Number: 1018-0141.

    Title: Alaska Guide Service Evaluation.

    Service Form Number: 3-2349.

    Type of Request: Extension of a currently approved collection.

    Description of Respondents: Clients of permitted commercial guide service providers.

    Respondent's Obligation: Voluntary.

    Frequency of Collection: One time, following use of commercial guide services.

    Estimated Annual Number of Respondents: 264.

    Estimated Total Annual Responses: 264.

    Estimated Time per Response: 15 minutes.

    Estimated Total Annual Burden Hours: 66.

    Estimated Annual Nonhour Burden Cost: None.

    Abstract: We collect information on FWS Form 3-2349 (Alaska Guide Service Evaluation) to help us evaluate commercial guide services on our national wildlife refuges in the State of Alaska (State). The National Wildlife Refuge Administration Act of 1966, as amended (16 U.S.C. 668dd-ee), authorizes us to permit uses, including commercial visitor services, on national wildlife refuges when we find the activity to be compatible with the purposes for which the refuge was established. With the objective of making available a variety of quality visitor services for wildlife-dependent recreation on National Wildlife Refuge System lands, we issue permits for commercial guide services, including big game hunting, sport fishing, wildlife viewing, river trips, and other guided activities. We use FWS Form 3-2349 as a method to:

    • Monitor the quality of services provided by commercial guides.

    • Gauge client satisfaction with the services.

    • Assess the impacts of the activity on refuge resources.

    The client is the best source of information on the quality of commercial guiding services. We collect:

    • Client name.

    • Guide name(s).

    • Type of guided activity.

    • Dates and location of guided activity.

    • Information on the services received such as the client's expectations, safety, environmental impacts, and client's overall satisfaction.

    We encourage respondents to provide any additional comments that they wish regarding the guide service or refuge experience, and ask whether or not they wish to be contacted for additional information.

    The above information, in combination with State-required guide activity reports and contacts with guides and clients in the field, provides a comprehensive method for monitoring permitted commercial guide activities. A regular program of client evaluation helps refuge managers detect potential problems with guide services so that we can take corrective actions promptly. In addition, we use this information during the competitive selection process for big game and sport fishing guide permits to evaluate an applicant's ability to provide a quality guiding service.

    Comments Received and Our Responses

    Comments: On February 2, 2015, we published in the Federal Register (80 FR 5574) a notice of our intent to request that OMB renew approval for this information collection. In that notice, we solicited comments for 60 days, ending on April 3, 2015. We did not receive any comments.

    Request for Public Comments

    We again invite comments concerning this information collection on:

    • Whether or not the collection of information is necessary, including whether or not the information will have practical utility;

    • The accuracy of our estimate of the burden for this collection of information;

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

    • Ways to minimize the burden of the collection of information on respondents.

    Comments that you submit in response to this notice are a matter of public record. 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 OMB in your comment to withhold your personal identifying information from public review, we cannot guarantee that it will be done.

    Dated: April 15, 2015. Tina A. Campbell, Chief, Division of Policy, Performance, and Management Programs, U.S. Fish and Wildlife Service.
    [FR Doc. 2015-08976 Filed 4-17-15; 8:45 am] BILLING CODE 4310-55-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [ES-030-1430-FQ; MIES-012677] Public Land Order No. 7835; Revocation of the Withdrawal Established by Executive Order Dated August 24, 1842; Michigan AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Public Land Order.

    SUMMARY:

    This order revokes in its entirety the withdrawal established by an Executive Order as to 168.05 acres of public land on Thunder Bay Island in Lake Huron withdrawn from all forms of appropriation under the public land laws and reserved for use by the United States Coast Guard for lighthouse purposes. The reservation is no longer needed. This order returns administrative jurisdiction to the Bureau of Land Management and opens the land to the operation of the public land laws, subject to valid existing rights and other segregations of record.

    DATES:

    Effective: May 20, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Carol Grundman, Realty Specialist, Bureau of Land Management, Northeastern States Field Office, 626 East Wisconsin Avenue, Suite 200, Milwaukee, Wisconsin 53202, 414-297-4447. 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 United States Coast Guard has determined that the reservation for the Thunder Bay Island Light Station is no longer needed and has requested the revocation. The United States Coast Guard has requested a right of access to operate and maintain their aid to navigation. The land has been and will remain open to mineral leasing. Michigan is not subject to the 1872 Mining Law.

    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:

    1. The withdrawal established by Executive Order dated August 24, 1842, which reserved the following described public land on Thunder Bay Island for lighthouse purposes, is hereby revoked in its entirety:

    Michigan Meridian T. 30 N., R. 10 E., Sec. 3. T. 31 N., R. 10 E., Sec. 33, lot 5; Sec. 34, lots 1, 2, and 3.

    The area described contains 168.05 acres in Alpena County.

    2. At 9 a.m. on May 20, 2015, subject to valid existing rights, the provisions of existing withdrawals, other segregations of record, and the requirements of applicable law, the land described in Paragraph 1 shall be opened to the operation of the public land laws generally, but not the United States mining laws since Michigan is not subject to the 1872 Mining Law. All valid applications received at or prior to 9 a.m. on May 20, 2015, shall be considered as simultaneously filed at that time. Those received thereafter shall be considered in the order of filing.

    Dated: April 5, 2015. Janice M. Schneider, Assistant Secretary—Land and Minerals Management.
    [FR Doc. 2015-08925 Filed 4-17-15; 8:45 am] BILLING CODE 4310-GJ-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [15XL LLIDB00100 LF1000000.HT0000 LXSS020D0000 241A 4500075005] Notice of Availability of the Final Owyhee Canyonlands Wilderness and Wild & Scenic Rivers Management Plan, Idaho AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of availability.

    SUMMARY:

    In accordance with the Wilderness Act of 1964 and the Wild and Scenic Rivers Act of 1968, the Bureau of Land Management (BLM) has signed a Decision Record implementing the Final Owyhee Canyonlands Wilderness and Wild & Scenic Rivers Management Plan (Plan), and by this notice is announcing its availability.

    DATES:

    Any party adversely affected will have 30 days from the date of publication of this notice in the Federal Register to appeal the BLM's decision to the Interior Board of Land Appeals pursuant to 43 CFR part 4.

    ADDRESSES:

    An electronic version of the Plan may be found online at: http://www.blm.gov/id/st/en/prog/nepa_register/Owyhee-wilderness-WSR_plan.html. Interested parties may also view a copy of the Plan at the BLM Owyhee Field Office, 20 First Avenue West, Marsing, Idaho 83639; the BLM Boise District Office, 3948 Development Avenue, Boise, Idaho 83705; the BLM Twin Falls District Office, 2536 Kimberly Road, Twin Falls, Idaho 83301; the BLM Idaho State Office, 1387 South Vinnell Way, Boise, Idaho 83709; and at local libraries in Boise, Gooding, Grand View, Mountain Home, Murphy, and Nampa, Idaho; and Jordan Valley, Oregon.

    FOR FURTHER INFORMATION CONTACT:

    John Sullivan, Wilderness Project Lead, telephone 208-384-3300; address BLM Boise District Office, 3948 Development Avenue, Boise, ID 83705; email [email protected] Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    This notice is published in conformance with Sec. 1274(d)(1) of the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271-1287). The Owyhee Canyonlands Wilderness and Wild & Scenic Rivers Management Plan establishes the framework for managing approximately 517,000 acres of wilderness and 325 miles of wild and scenic rivers in Owyhee County, southwestern Idaho. The Plan provides direction for actions, land use guidelines and restrictions designed to preserve wilderness character and protect and enhance river values, as mandated by the Wilderness Act (16 U.S.C. 1133(b)) and the Wild and Scenic Rivers Act (16 U.S.C. 1281(a)). The Plan identifies conditions and opportunities that will be managed for at least the next 10 years, or as changes in wilderness character, wild and scenic river values, and/or resource conditions require.

    Areas managed by the Plan include: The Big Jacks Creek, Little Jacks Creek, Bruneau-Jarbidge Rivers, North Fork Owyhee, Owyhee River, Pole Creek Wilderness Areas, and the 16 wild and scenic river segments that flow through them.

    Public scoping meetings were held in 2011 to inform the public of the regulations and policies associated with wilderness and wild and scenic river management. The BLM solicited input during these meetings, and for several weeks thereafter, concerning wilderness and wild and scenic river-related issues and concerns, as well as the development of alternatives and management actions proposed for the Plan.

    The BLM considered and, where appropriate, incorporated public and internal staff comments on the Draft Plan into the Final Plan. Comments resulted in additional clarifying text, as well as refinement of management direction for some activities.

    The final Plan includes limitations on the size of groups rafting the wild and scenic rivers, prescriptions regarding the use of temporary hunting blinds, provisions for trapping under State and Federal regulations, and processes to consider the proposed use of motorized and mechanized vehicles and equipment.

    Authority:

    16 U.S.C. 1274(d)(1), 43 CFR part 6300.

    James M. Fincher, Boise District Manager. Michael Courtney, Twin Falls District Manager.
    [FR Doc. 2015-08928 Filed 4-17-15; 8:45 am] BILLING CODE 4310-GG-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NRNHL-18041; 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 28, 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 May 5, 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: April 6, 2015. J. Paul Loether, Chief, National Register of Historic Places/National Historic Landmarks Program. ARKANSAS Garland County Federal Building—U.S. Post Office and Court House, 100 Reserve St., Hot Springs, 15000205 Phillips County Federal Building—United States Post Office and Court House, 617 Walnut, Helena, 15000204 Pulaski County Federal Building, 700 W. Capitol Ave., Little Rock, 15000206 FLORIDA Alachua County Axline House, 18507 S. Cty. Rd. 325, Hawthorne, 15000207 Gulf County Cape San Blas Lighthouse at Port St. Joe, 200 Miss Zola's Dr., Port St. Joe, 15000208 Seminole County Hopper Academy, 1101 Pine Ave., Sanford, 15000209 Taylor County First Methodist Episcopal Church, South, 302 N. Jefferson St., Perry, 15000210 MASSACHUSETTS Hampshire County Old Chapel, 144 Hicks Way, Amherst, 15000211 MINNESOTA Grant County Scofield, Anna J. Memorial Auditorium and Harold E. Thorson Memorial Library, (Federal Relief Construction in Minnesota MPS), 117 Central Ave., N., Elbow Lake, 15000212 Hennepin County Prospect Park Residential Historic District, Roughly bounded by University & Williams Aves., SE., Emerald St., SE., and I-94, Minneapolis, 15000213 St. Louis County Duluth Masonic Temple, (Duluth's Central Business District, MPS), 4 W. 2nd St., Duluth, 15000215 MISSOURI Platte County Johnston, Stephen, House, 14850 N. Bethel Rd., Platte City, 15000214 MONTANA Ravalli County Hayward Lodge, On L. Como, Darby, 15000216 PENNSYLVANIA Allegheny County Duquesne Brewing Company, Roughly bounded by S. 21st, S. 23rd & Jane Sts., Harcum & Edwards Ways, Pittsburgh, 15000217 Penn—McKee Hotel, 122 5th Ave., McKeesport, 15000218 Philadelphia County Wyoming Central Office of the Bell Telephone Company, 4900 N. Broad St., Philadelphia, 15000219
    [FR Doc. 2015-08936 Filed 4-17-15; 8:45 am] BILLING CODE 4312-51-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-914] Certain Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone; Notice of Request for Statements on the Public Interest AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the presiding administrative law judge (“ALJ”) has issued a Recommended Determination on Remedy and Bonding in the above-captioned investigation. Although the ALJ found no violation of section 337, the ALJ recommends that, in the event that the Commission determines to reverse the finding of no violation, a limited exclusion order should be directed against the respondents with respect to U.S. Patent No. 7,169,952. The Commission is soliciting comments on public interest issues raised by the recommended relief, specifically the limited exclusion order. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4).

    FOR FURTHER INFORMATION CONTACT:

    Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-5468. The public version of the complaint can be accessed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov, and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000.

    General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.

    SUPPLEMENTARY INFORMATION:

    Section 337 of the Tariff Act of 1930 provides that if the Commission finds a violation it shall exclude the articles concerned from the United States:

    unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. 19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist orders. 19 U.S.C. 1337(f)(1).

    The Commission is interested in further development of the record on the public interest in these investigations. Accordingly, members of the public are invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the administrative law judge's Recommended Determination on Remedy and Bonding issued in this investigation on April 10, 2015. Comments should address whether issuance of a limited exclusion order in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers.

    In particular, the Commission is interested in comments that:

    (i) Explain how the articles potentially subject to the recommended order are used in the United States;

    (ii) Identify any public health, safety, or welfare concerns in the United States relating to the recommended order;

    (iii) Identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were excluded;

    (iv) Indicate whether complainant, complainant's licensees, and/ or third party suppliers have the capacity to replace the volume of articles potentially subject to the recommended exclusion order within a commercially reasonable time; and

    (v) Explain how the limited exclusion order would impact consumers in the United States.

    Written submissions must be filed no later than by close of business on May 18, 2015.

    Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the investigation number (“Inv. No. 914”) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions regarding filing should contact the Secretary (202-205-2000).

    Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. A redacted non-confidential version of the document must also be filed simultaneously with the any confidential filing. All non-confidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.

    This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission's Rules of Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: April 15, 2015. Lisa R. Barton, Secretary to the Commission.
    [FR Doc.2015-08998 Filed 4-17-15; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [USITC SE-15-014] Government In The Sunshine Act Meeting Notice AGENCY HOLDING THE MEETING:

    United States International Trade Commission.

    TIME AND DATE:

    April 28, 2015 at 11:00 a.m.

    PLACE:

    Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205-2000.

    STATUS:

    Open to the public,

    MATTERS TO BE CONSIDERED:

    1. Agendas for future meetings: None.

    2. Minutes.

    3. Ratification List.

    4. Vote in Inv. Nos. 701-TA-463 and 731-TA-1159 (Review)(Oil Country Tubular Goods from China). The Commission is currently scheduled to complete and file its determinations and views of the Commission on May 7, 2015.

    5. Vote in Inv. Nos. 731-TA-1014, 1016, and 1017 (Second Review)(Polyvinyl Alcohol from China, Japan, and Korea). The Commission is currently scheduled to complete and file its determinations and views of the Commission on May 12, 2015.

    6. Outstanding action jackets: none.

    In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.

    By order of the Commission:

    Issued: April 15, 2015. William R. Bishop, Supervisory Hearings and Information Officer.
    [FR Doc. 2015-09174 Filed 4-16-15; 4:15 pm] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE [OMB Number 1122-0006] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of an Approved Collection Semi-Annual Progress Report for Grantees From the Grants To Encourage Arrest Policies and Enforcement of Protection Orders Program AGENCY:

    Office on Violence Against Women, Department of Justice.

    ACTION:

    30-Day notice.

    SUMMARY:

    The Department of Justice (DOJ), Office on Violence Against Women, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register Volume 80, Number 26, Pages 7034-7035, on February 9, 2015, allowing for a 60 day comment period.

    DATES:

    Comments are encouraged and will be accepted for an additional 30 days until May 20, 2015.

    FOR FURTHER INFORMATION CONTACT:

    If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Cathy Poston, Attorney Advisor, Office on Violence Against Women, 145 N Street NE., Washington, DC 20530 (phone: 202-514-5430). Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20530 or sent to [email protected]

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection

    (1) Type of Information Collection: Extension of a currently approved collection.

    (2) Title of the Form/Collection: Semi-Annual Progress Report for Grantees from the Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program.

    (3) Agency form number: Form Number: 1122-0006.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract:

    Primary: The approximately 200 grantees from the Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program (Arrest Program).

    Abstract: The Arrest Program encourages state, local and tribal governments to treat domestic violence, dating violence, sexual assault and stalking as serious violations of criminal law requiring the coordinated involvement of the entire criminal justice system. Eligible applicants are states and territories, units of local government, Indian tribal governments, and state, local, tribal, and territorial courts.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that it will take the approximately 200 respondents (Arrest Program grantees) approximately one hour to complete a semi-annual progress report. The semi-annual progress report is divided into sections that pertain to the different types of activities in which grantees may engage. An Arrest Program grantee will only be required to complete the sections of the form that pertain to its own specific activities.

    (6) An estimate of the total public burden (in hours) associated with the collection: The total annual hour burden to complete the data collection forms is 400 hours, that is 200 grantees completing a form twice a year with an estimated completion time for the form being one hour.

    If additional information is required contact: Jerri Murray, Department, Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Room 3E.405B, Washington, DC 20530.

    Dated: April 15, 2015. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2015-08988 Filed 4-17-15; 8:45 am] BILLING CODE 4410-FX-P
    DEPARTMENT OF JUSTICE [OMB Number 1122-0026] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of an Approved Collection; Semi-Annual Progress Report for the Court Training and Improvements Program AGENCY:

    Office on Violence Against Women, Department of Justice.

    ACTION:

    30-day notice.

    SUMMARY:

    The Department of Justice (DOJ), Office on Violence Against Women, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register Volume 80, Number 27, Pages 7496-7497, on February 10, 2015, allowing for a 60 day comment period.

    DATES:

    Comments are encouraged and will be accepted for an additional 30 days until May 20, 2015.

    FOR FURTHER INFORMATION CONTACT:

    If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Cathy Poston, Attorney Advisor, Office on Violence Against Women, 145 N Street NE., Washington, DC 20530 (phone:202-514-5430). Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20530 or sent to [email protected].

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection

    (1) Type of Information Collection: Extension of a currently approved collection.

    (2) Title of the Form/Collection: Semi-Annual Progress Report for the Court Training and Improvements Program.

    (3) Agency form number: Form Number: 1122-0026.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract:

    Primary: The affected public includes the approximately 23 grantees of the Court Training and Improvements Program.

    Abstract: The grant program creates a unique opportunity for Federal, State, Territorial, and Tribal courts or court-based programs to significantly improve court responses to sexual assault, domestic violence, dating violence, and stalking cases utilizing proven specialized court processes to ensure victim safety and offender accountability. The program challenges courts and court-based programs to work with their communities to develop specialized practices and educational resources that will result in significantly improved responses to sexual assault, domestic violence, dating violence and stalking cases, ensure offender accountability, and promote informed judicial decision making.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that it will take the approximately 23 respondents (Courts Program grantees) approximately one hour to complete a semi-annual progress report. The semi-annual progress report is divided into sections that pertain to the different types of activities in which grantees may engage. A Courts Program grantee will only be required to complete the sections of the form that pertain to its own specific activities.

    (6) An estimate of the total public burden (in hours) associated with the collection: The total annual hour burden to complete the data collection forms is 46 hours, that is 23 grantees completing a form twice a year with an estimated completion time for the form being one hour.

    If additional information is required contact: Jerri Murray, Department, Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Room 3E.405B, Washington, DC 20530.

    Dated: April 15, 2015. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2015-08989 Filed 4-17-15; 8:45 am] BILLING CODE 4410-FX-P
    DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act and the Resource Conservation and Recovery Act

    On April 10, 2015, the Department of Justice lodged a proposed consent decree with the United States District Court for the Northern District of Illinois in the lawsuit entitled United States v. Beaver Oil Co., Inc., Civil Action No. 13 C 830.

    The defendant in this case, Beaver Oil Company, Inc., operates a centralized waste treatment and used oil recycling facility in Hodgkins, Illinois. The lawsuit alleges that the defendant violated the Clean Water Act and the Resource Conservation and Recovery Act by failing to comply with regulations governing the handling of wastewater and hazardous wastes. The proposed settlement requires the defendant to perform injunctive relief and pay a civil penalty of $250,000.

    The publication of this notice opens a period for public comment on the consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Beaver Oil Co., Inc., D.J. Ref. No. 90-5-1-1-09169. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

    To submit comments: Send them to: By e-mail [email protected] By mail Assistant Attorney General, U.S. DOJ-ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    During the public comment period, the consent decree may be examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy of the consent decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ-ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Please enclose a check or money order for $20.50 (25 cents per page reproduction cost) payable to the United States Treasury.

    Randall M. Stone, Acting Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
    [FR Doc. 2015-09014 Filed 4-17-15; 8:45 am] BILLING CODE 4410-15-P
    DEPARTMENT OF JUSTICE [OMB Number 1122-0027] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of an Approved Collection AGENCY:

    Office on Violence Against Women, Department of Justice.

    ACTION:

    30-Day notice.

    SUMMARY:

    The Department of Justice (DOJ), Office on Violence Against Women, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register Volume 80, page 7496, on February 10, 2015, allowing for a 60 day comment period.

    DATES:

    Comments are encouraged and will be accepted for an additional 30 days until May 20, 2015.

    FOR FURTHER INFORMATION CONTACT:

    If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Cathy Poston, Attorney Advisor, Office on Violence Against Women, 145 N Street NE., Washington, DC 20530 (phone: 202-514-5430). Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20530 or sent to [email protected]

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection

    (1) Type of Information Collection: Extension of a currently approved collection.

    (2) Title of the Form/Collection: Semi-Annual Progress Report for the Semi-Annual Progress Report for Grantees from the Engaging Men and Youth Program.

    (3) Agency form number: Form Number: 1122-0027.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract:

    Primary: The affected public includes the approximately 35 grantees of the Engaging Men and Youth Program.

    Abstract: The grant program is designed to support projects fund projects that develop or enhance new or existing efforts to engage men and youth in preventing crimes of domestic violence, dating violence, sexual assault and stalking with the goal of developing mutually respectful, nonviolent relationships.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that it will take the approximately 35 respondents (Engaging Men Program grantees) approximately one hour to complete a semi-annual progress report. The semi-annual progress report is divided into sections that pertain to the different types of activities in which grantees may engage. An Engaging Men Program grantee will only be required to complete the sections of the form that pertain to its own specific activities.

    (6) An estimate of the total public burden (in hours) associated with the collection: The total annual hour burden to complete the data collection forms is 70 hours, that is 35 grantees completing a form twice a year with an estimated completion time for the form being one hour.

    If additional information is required contact: Jerri Murray, Department, Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Room 3E.405B, Washington, DC 20530.

    Dated: April 15, 2015. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2015-08990 Filed 4-17-15; 8:45 am] BILLING CODE 4410-FX-P
    DEPARTMENT OF JUSTICE [OMB Number 1140-0022] Agency Information Collection Activities: Proposed eCollection eComments Requested; Federal Explosives License/Permit (FEL) Renewal Application AGENCY:

    Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.

    ACTION:

    30-day notice.

    SUMMARY:

    The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register Volume 80, Number 29, page 7880 on February 12, 2015, allowing for a 60 day comment period.

    DATES:

    The purpose of this notice is to allow for an additional 30 days for public comment until May 20, 2015.

    FOR FURTHER INFORMATION CONTACT:

    If you have comments, especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Christopher Reeves at [email protected] Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington DC 20503 or send email to [email protected]

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

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

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

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

    Overview of this Information Collection 1140-0022:

    (1) Type of Information Collection: Revision of an existing collection.

    (2) Title of the Form/Collection: Federal Explosives License/Permit (FEL) Renewal Application.

    (3) Agency form number, if any, and the applicable component of the Department sponsoring the collection:

    Form number: ATF Form 5400.14/5400.15 Part III.

    Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract:

    Primary: Business or other for-profit.

    Other: Federal Government, State, Local, or Tribal Government.

    Abstract: The form is used for the renewal of an explosive license or permit. The renewal application is used by ATF to determine that the applicant remains eligible to retain the license or permit. The change to the form is to add instructions that ATF Form 5400.28 must be completed for all EP's that are active on the Federal Explosives License (FEL), both current and new EP's.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: An estimated 2,500 respondents will take 25 minutes to complete the form.

    (6) An estimate of the total public burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 825 hours.

    If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Room 3E-405B, Washington, DC 20530.

    Dated: April 14, 2015. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2015-08987 Filed 4-17-15; 8:45 am] BILLING CODE 4410-FY-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (15-029)] Aerospace Safety Advisory Panel; Meeting AGENCY:

    National Aeronautics and Space Administration (NASA).

    ACTION:

    Notice of meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration announces a forthcoming meeting of the Aerospace Safety Advisory Panel.

    DATES:

    Wednesday, May 13, 2015, 4:00 p.m. to 5:30 p.m., Local Time.

    ADDRESSES:

    NASA Headquarters, Room 9H40, 300 E Street SW., Washington, DC 20546.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Marian Norris, Aerospace Safety Advisory Panel Administrative Officer, National Aeronautics and Space Administration, Washington, DC 20546, (202) 358-4452 or [email protected]

    SUPPLEMENTARY INFORMATION:

    The Aerospace Safety Advisory Panel (ASAP) will hold its Second Quarterly Meeting for 2015. This discussion is pursuant to carrying out its statutory duties for which the Panel reviews, identifies, evaluates, and advises on those program activities, systems, procedures, and management activities that can contribute to program risk. Priority is given to those programs that involve the safety of human flight. The agenda will include:

    —Exploration Systems Development Program Update —Commercial Crew Program Update —International Space Station Program Update

    The meeting will be open to the public up to the seating capacity of the room. Seating will be on a first-come basis. This meeting is also available telephonically. Any interested person may call the USA toll free conference call number (800) 857-7040; pass code 52984. Attendees will be requested to sign a register and to comply with NASA security requirements, including the presentation of a valid picture ID to Security before access to NASA Headquarters. Due to the Real ID Act, Public Law 109-13, any attendees with driver's licenses issued from non-compliant states/territories must present a second form of ID (Federal employee badge; passport; active military identification card; enhanced driver's license; U.S. Coast Guard Merchant Mariner card; Native American tribal document; school identification accompanied by an item from LIST C (documents that establish employment authorization) from the “List of the Acceptable Documents” on Form I-9). Non-compliant states/territories are: American Samoa, Arizona, Idaho, Louisiana, Maine, Minnesota, New Hampshire, and New York. Foreign nationals attending this meeting will be required to provide a copy of their passport and visa in addition to providing the following information no less than 10 working days prior to the meeting: Full name; gender; date/place of birth; citizenship; visa information (number, type, expiration date); passport information (number, country, expiration date); employer/affiliation information (name of institution, address, country, telephone); title/position of attendee; and home address to Marian Norris via email at [email protected] or by fax at (202) 358-3099. U.S. citizens and Permanent Residents (green card holders) are requested to submit their name and affiliation 3 working days prior to the meeting to Marian Norris. It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants.

    Patricia D. Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration.
    [FR Doc. 2015-08913 Filed 4-17-15; 8:45 am] BILLING CODE 7510-13-P
    NATIONAL SCIENCE FOUNDATION Committee Management; Renewal

    The NSF management officials having responsibility for the Advisory Committee for International Science and Engineering, #25104 has determined that renewing this committee for another two years is necessary and in the public interest in connection with the performance of duties imposed upon the Director, National Science Foundation (NSF), by 42 U.S.C. 1861 et seq. This determination follows consultation with the Committee Management Secretariat, General Services Administration.

    Effective date for renewal is April 15, 2015. For more information, please contact Crystal Robinson, NSF, at (703) 292-8687.

    Dated: April 15, 2015. Suzanne Plimpton, Acting, Committee Management Officer.
    [FR Doc. 2015-08967 Filed 4-17-15; 8:45 am] BILLING CODE 7555-01-P
    NATIONAL SCIENCE FOUNDATION Advisory Committee for Education and Human Resources; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting:

    Name: Advisory Committee for Education and Human Resources (#1119).

    Date/Time: May 19, 2015; 8 a.m.-6 p.m., May 20, 2015; 8 a.m.-2:30 p.m.

    Place: National Science Foundation, 4201 Wilson Boulevard, Room 375, Arlington, VA 22230.

    Operated assisted teleconference is available for this meeting. Call 800-857-3133 with password EHR AC MEET and you will be connected to the audio portion of the meeting.

    To attend the meeting in person, all visitors must contact the Directorate for Education and Human Resources ([email protected]) at least 24 hours prior to the teleconference to arrange for a visitor's badge. All visitors must report to the NSF visitor desk located in the lobby at the 9th and N. Stuart Streets entrance on the day of the teleconference to receive a visitor's badge.

    Meeting materials and minutes will also be available on the EHR Advisory Committee Web site at http://www.nsf.gov/ehr/advisory.jsp.

    Type of Meeting: Open, Teleconference.

    Contact Person: Keaven M. Stevenson, National Science Foundation, 4201 Wilson Boulevard, Room 805, Arlington, VA 22230, (703) 292-8600, [email protected]

    Purpose of Meeting: To provide advice with respect to the Foundation's science, technology, engineering, and mathematics (STEM) education and human resources programming.

    Agenda Tuesday, May 19, 2015, 8 a.m.-6 p.m. • Remarks by the Committee Chair and NSF Assistant Director for Education and Human Resources (EHR) • Feedback on the EHR Core Research Program White Paper • Panel Discussion: Evolving Successful STEM Education Indicators • Panel Discussion: Developing New Measures for 21st Century Skills • Panel Discussion: New Directions for Broadening Participation with INCLUDES (Inclusion across the Nation of Communities of Learners that have been Underrepresented for Diversity in Engineering and Science) • Discussion with Dr. Richard O. Buckius, NSF Chief Operating Officer • Synthesis of the Day Wednesday, May 20, 2015 8 a.m.-2:30 p.m. • Panel Discussion on Putting Improvement Science into STEM • Plenary Panel: The Future of Graduate Education • Adjournment
    Dated: April 15, 2015. Suzanne Plimpton, Acting, Committee Management Officer.
    [FR Doc. 2015-08966 Filed 4-17-15; 8:45 am] BILLING CODE 7555-01-P
    NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-387 and 50-388; License Nos. NPF-14 and NPF-22; NRC-2014-0211] In the Matter of PPL Susquehanna, LLC; Susquehanna Steam Electric Station, Units 1 and 2 AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Indirect transfer of license; order; issuance.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is issuing an order to PPL Susquehanna, LLC (PPL Susquehanna), approving the indirect transfer of PPL Susquehanna's interests in Renewed Facility Operating License Nos. NPF-14 and NPF-22, as well as the general license for the independent spent fuel storage installation, for Susquehanna Steam Electric Station, Units 1 and 2. As a result of the transaction, PPL Susquehanna will become indirectly controlled by two new entities, and will be renamed Susquehanna Nuclear, LLC. Conforming license amendments will replace references to PPL Corporation in the license with references to Talen Energy to reflect the transfer of ownership, and will replace references to PPL Susquehanna, LLC with references to Susquehanna Nuclear, LLC to reflect the new name. No physical changes to the facilities or operational changes were proposed in the application, and Susquehanna Nuclear, LLC will be owner and operator of the facility. This Order is effective upon issuance.

    DATES:

    The Order was issued on April 10, 2015, and is effective for one year.

    ADDRESSES:

    Please refer to Docket ID NRC-2014-0211 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0211. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The ADAMS accession number for each document referenced (if it available in ADAMS) is provided the first time that a document is referenced.

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

    FOR FURTHER INFORMATION CONTACT:

    Jeffrey A. Whited, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-4090; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The text of the Order is attached.

    Dated at Rockville, Maryland this 13th day of April 2015.

    For the Nuclear Regulatory Commission.

    Jeffrey A. Whited, Project Manager, Plant Licensing Branch I-2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
    Attachment—Order Approving Transfer of Licenses and Conforming Amendments United States of America Nuclear Regulatory Commission In the Matter of PPL Susquehanna, LLC; Susquehanna Steam Electric Station, Units 1 and 2, Docket Nos. 50-387 and 50-388, Renewed License Nos. NPF-14 and NPF-22, Order Approving Transfer of Licenses and Conforming Amendments I.

    PPL Susquehanna, LLC (PPL Susquehanna, or the applicant) and Allegheny Electric Cooperative, Inc. (Allegheny) are holders of Renewed Facility Operating License Nos. NPF-14, NPF-22, and the general license of the Independent Spent Fuel Storage Installation (ISFSI), which authorizes the possession, use, and operation of the Susquehanna Steam Electric Station (SSES), Units 1 and 2, and the ISFSI. PPL Susquehanna (currently owner of 90 percent of SSES) is authorized to possess, use, and operate SSES, Units 1 and 2, as well as the general license for the SSES ISFSI. Allegheny (currently owner of 10 percent of SSES) is authorized to possess SSES, Units 1 and 2, as well as the general license for the SSES ISFSI. SSES is located in Luzerne County, Pennsylvania.

    II.

    By application dated July 11, 2014, as supplemented by letters dated October 24, 2014, November 6, 2014, November 25, 2014, December 10, 2014, January 5, 2015, January 13, 2015, March 9, 2015, March 13, 2015, March 18, 2015, and March 31, 2015 (collectively, the application), PPL Susquehanna requested on behalf of itself, that the U.S. Nuclear Regulatory Commission (NRC) approve the indirect transfer of control of PPL Susquehanna's interests in Renewed Facility Operating License Nos. NPF-14 and NPF-22, as well as the general license for the ISFSI. PPL Susquehanna is licensed as the sole operator and has a 90 percent undivided ownership interest in SSES. The proposed indirect transfer of licenses does not involve Allegheny, the other (10-percent) owner and a nonoperating licensee for SSES. The indirect transfer of control will result from a series of transactions, in which PPL Corporation, PPL Susquehanna's ultimate parent, will spin off PPL Energy Supply, LLC (Energy Supply), which holds domestic competitive generation and ancillary assets including PPL Susquehanna. The transaction will involve the creation of and changes to intermediate holding companies, with Energy Supply eventually becoming a direct wholly owned subsidiary of a new intermediate parent named Talen Energy Holdings, Inc. (Talen Holdings), which in turn will be a direct wholly owned subsidiary of a new, publicly owned ultimate parent, named Talen Energy Corporation (Talen Energy). As a result of the transaction, PPL Susquehanna will become indirectly controlled by two new entities (Talen Energy and Talen Holdings). Immediately following the transaction, PPL Susquehanna will be renamed Susquehanna Nuclear, LLC (Susquehanna Nuclear).

    The applicant also requested approval of conforming license amendments that would replace references to PPL Corporation in the license with references to Talen Energy to reflect the indirect transfer of ownership, and would replace references to PPL Susquehanna, LLC with references to Susquehanna Nuclear, LLC to reflect the new name. No physical changes to the facilities or operational changes were proposed in the application. After completion of the proposed transfer, Susquehanna Nuclear will be owner and operator of the facility.

    Approval of the indirect transfer of the renewed facility operating licenses, and conforming license amendments was requested by the applicant pursua