Federal Register Vol. 80, No.89,

Federal Register Volume 80, Issue 89 (May 8, 2015)

Page Range26437-26816
FR Document

80_FR_89
Current View
Page and SubjectPDF
80 FR 26815 - Continuation of the National Emergency With Respect to Actions of the Government of SyriaPDF
80 FR 26559 - Farm Credit Administration Board; Sunshine Act; Regular MeetingPDF
80 FR 26616 - Request for Comments of a Previously Approved Information Collection: U.S. Merchant Marine Academy Candidate Application for AdmissionPDF
80 FR 26616 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel PINEAPPLE PRINCESS; Invitation for Public CommentsPDF
80 FR 26614 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ARTHUR'S WAY; Invitation for Public CommentsPDF
80 FR 26614 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SURYA; Invitation for Public CommentsPDF
80 FR 26523 - Ongoing Equivalence Verifications of Foreign Food Regulatory SystemsPDF
80 FR 26615 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ANATOLYA; Invitation for Public CommentsPDF
80 FR 26638 - Open Meeting of the Taxpayer Advocacy Panel Toll-Free Phone Line Project CommitteePDF
80 FR 26618 - Open Meeting of the Taxpayer Advocacy Panel Taxpayer Communications Project CommitteePDF
80 FR 26637 - Open Meeting of the Taxpayer Advocacy Panel Taxpayer Assistance Center Improvements Project CommitteePDF
80 FR 26637 - Open Meeting of the Taxpayer Advocacy Panel Special Projects CommitteePDF
80 FR 26637 - Open Meeting of the Taxpayer Advocacy Panel Notices and Correspondence Project CommitteePDF
80 FR 26618 - Open Meeting of the Taxpayer Advocacy Panel Tax Forms and Publications Project CommitteePDF
80 FR 26538 - Foreign-Trade Zone 82-Mobile, Alabama; Application for Reorganization and Expansion Under Alternative Site FrameworkPDF
80 FR 26537 - Foreign-Trade Zone (FTZ) 82-Mobile, Alabama; Notification of Proposed Production Activity; Outokumpu Stainless USA, LLC (Stainless Steel Products); Calvert, AlabamaPDF
80 FR 26539 - Foreign-Trade Zone (FTZ) 148-Knoxville, Tennessee; Notification of Proposed Production Activity; CoLinx, LLC (Bearing Units); Crossville, TennesseePDF
80 FR 26637 - Open Meeting of the Taxpayer Advocacy Panel Joint CommitteePDF
80 FR 26541 - Pure Magnesium From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014PDF
80 FR 26558 - Proposed Information Collection Request; Comment Request; Part 70 State Operating Permit Program (Renewal)PDF
80 FR 26518 - Chemical Substances When Manufactured or Processed as Nanoscale Materials; TSCA Reporting and Recordkeeping Requirements; Notice of Public MeetingPDF
80 FR 26555 - Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis DeclarationsPDF
80 FR 26618 - Quarterly Publication of Individuals, Who Have Chosen To Expatriate, as Required by Section 6039GPDF
80 FR 26554 - Agency Information Collection Activities; Proposed Collection; Comment RequestPDF
80 FR 26561 - Office of Engineering and Technology and Wireless Telecommunications Bureau Seeks Information on Current Trends in LTE-U and LAA TechnologyPDF
80 FR 26587 - Notice of Information CollectionPDF
80 FR 26568 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
80 FR 26572 - Agency Information Collection Activities; Proposed Collection; Public Comment RequestPDF
80 FR 26546 - Proposed Information Collection; Comment Request; Socioeconomic Survey-Manell-Geus (Guam)PDF
80 FR 26551 - Judicial Proceedings Since Fiscal Year 2012 Amendments Panel (Judicial Proceedings Panel); Notice of Federal Advisory Committee MeetingPDF
80 FR 26571 - Agency Information Collection Activities; Proposed Collection; Public Comment RequestPDF
80 FR 26582 - Announcement of National Geospatial Advisory Committee MeetingPDF
80 FR 26559 - Environmental Impact Statements; Notice of AvailabilityPDF
80 FR 26511 - Safety Zone for Fireworks Display, Patapsco River, Inner Harbor; Baltimore, MDPDF
80 FR 26514 - Safety Zones; Misery Challenge, Manchester Bay, Manchester, MAPDF
80 FR 26442 - Drawbridge Operation Regulation; Navesink (Swimming) River, Middletown and Rumson, NJPDF
80 FR 26445 - Safety Zone; Marine Safety Unit Savannah Safety Zone for Heavy Weather and Other Natural Disasters, Savannah Captain of the Port Zone, Savannah, GAPDF
80 FR 26443 - Safety Zone, Pamlico River; Washington, NCPDF
80 FR 26448 - Significant New Use Rules on Certain Chemical SubstancesPDF
80 FR 26464 - Grants for Education Programs in Occupational Safety and HealthPDF
80 FR 26566 - Medicare Program; Request for an Exception to the Prohibition on Expansion of Facility Capacity Under the Hospital Ownership and Rural Provider Exceptions to the Physician Self-Referral ProhibitionPDF
80 FR 26584 - Notice of Availability of a Final Environmental Impact Statement for the Cle Elum Pool Raise Project, Kittitas County, WashingtonPDF
80 FR 26584 - Notice of Public Meeting for the Glen Canyon Dam Adaptive Management Work Group; CorrectionPDF
80 FR 26522 - Notice of Intent To Grant Exclusive LicensePDF
80 FR 26565 - Combustion Store Limited v. UniGroup Worldwide-UTS; Notice of Filing of Complaint and AssignmentPDF
80 FR 26547 - Procurement List AdditionsPDF
80 FR 26548 - Procurement List; Proposed Additions and DeletionsPDF
80 FR 26638 - Agency Information Collection (Claim for Disability Insurance Benefits, Government Life Insurance) Activity Under OMB ReviewPDF
80 FR 26640 - Proposed Information Collection (Post-Engagement) Activity: Comment RequestPDF
80 FR 26639 - Agency Information Collection (Application in Acquiring Specially Adapted Housing or Special Home Adaptation Grant) Activity Under OMB ReviewPDF
80 FR 26523 - Notice of Decision To Authorize the Interstate Movement of Sea Asparagus Tips From Hawaii Into the Continental United StatesPDF
80 FR 26612 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure DisordersPDF
80 FR 26640 - Agency Information Collection (Intent To File a Claim for Compensation and/or Pension, or Survivors Pension and/or DIC) Activity Under OMB ReviewPDF
80 FR 26610 - Qualification of Drivers; Application for Exemptions; HearingPDF
80 FR 26639 - Agency Information Collection (Supplement to VA Forms 21P-534, 534a, & 534EZ) Activity Under OMB ReviewPDF
80 FR 26545 - New England Fishery Management Council; Public MeetingPDF
80 FR 26546 - Gulf of Mexico Fishery Management Council; Public MeetingPDF
80 FR 26545 - Western Pacific Fishery Management Council; Public MeetingPDF
80 FR 26638 - Submission for OMB Review; Comment RequestPDF
80 FR 26618 - Chicago Central & Pacific Railroad Company-Abandonment Exemption-in Pottawattamie County, Iowa, and Douglas County, NEPDF
80 FR 26585 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public InterestPDF
80 FR 26617 - International Standards on the Transport of Dangerous GoodsPDF
80 FR 26549 - Proposed Collection; Comment RequestPDF
80 FR 26552 - Privacy Act of 1974; System of RecordsPDF
80 FR 26575 - Announcement of Requirements and Registration for the Opioid Overdose Prevention ChallengePDF
80 FR 26577 - Announcement of Requirements and Registration for Offender Reintegration Toolkit ChallengePDF
80 FR 26568 - Advisory Commission on Childhood Vaccines; Notice of MeetingPDF
80 FR 26522 - Submission for OMB Review; Comment RequestPDF
80 FR 26554 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Fulbright-Hays Seminars Abroad Program Application PackagePDF
80 FR 26500 - Notional Principal Contracts; Swaps With Nonperiodic PaymentsPDF
80 FR 26437 - Notional Principal Contracts; Swaps With Nonperiodic PaymentsPDF
80 FR 26560 - Information Collection Being Reviewed by the Federal Communications CommissionPDF
80 FR 26563 - Information Collections Being Submitted for Review and Approval to the Office of Management and BudgetPDF
80 FR 26564 - Information Collection Being Submitted for Review and Approval to the Office of Management and BudgetPDF
80 FR 26467 - Addresses of Headquarters OfficesPDF
80 FR 26559 - Notice of Open Meeting of the Advisory Committee of the Export-Import Bank of the United States (Ex-Im Bank)PDF
80 FR 26595 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a Proposed Rule Change, as Modified by Amendment No. 1, to the List and Trade Shares of the Principal EDGE Active Income ETF Under NYSE Arca Equities Rule 8.600PDF
80 FR 26588 - New Postal ProductPDF
80 FR 26589 - Request for Scientific Advisory Committee NominationsPDF
80 FR 26552 - National Commission on the Future of the Army; Notice of Federal Advisory Committee MeetingPDF
80 FR 26590 - Request for Steering Committee NominationsPDF
80 FR 26583 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
80 FR 26539 - Education Trade Mission to Africa, March 7-10, 2016PDF
80 FR 26607 - Request for Comments on Additional Participants in Trade in Services AgreementPDF
80 FR 26447 - International Mailing Services: Approved Price ChangesPDF
80 FR 26589 - Product Change-Priority Mail Express and Priority Mail Negotiated Service AgreementPDF
80 FR 26573 - Center for Scientific Review; Notice of Closed MeetingsPDF
80 FR 26574 - National Center for Advancing Translational Sciences; Notice of MeetingsPDF
80 FR 26575 - National Institute of Biomedical Imaging and Bioengineering; Notice of Closed MeetingPDF
80 FR 26574 - National Institute on Minority Health and Health Disparities; Notice of MeetingPDF
80 FR 26517 - Rules for Automatic Closure of Inactive DocketsPDF
80 FR 26582 - Notice of Request for Nominees for the U.S. Extractive Industries Transparency Initiative Advisory CommitteePDF
80 FR 26593 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE Arca Integrated Feed To Add a Late Fee In Connection With Failure To Submit the Non-Display Use DeclarationPDF
80 FR 26601 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Automated Improvement Mechanism Order AllocationPDF
80 FR 26591 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting Proceedings To Determine Whether To Approve or Disapprove Proposed Rule Change Amending NYSE Arca Equities Rule 5.2(j)(3), Commentary .02 Relating to the Listing of Investment Company Units Based on Municipal Bond IndexesPDF
80 FR 26599 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Designation of Longer Period for Commission Action on Proposed Rule Change Relating to Rules 6.74A and 6.74BPDF
80 FR 26599 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE BBO and NYSE Trades To Add a Late Fee In Connection With Failure To Submit the Non-Display Use DeclarationPDF
80 FR 26752 - Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing of a Proposed Rule Change Consisting of Proposed New Rule G-42, on Duties of Non-Solicitor Municipal Advisors, and Proposed Amendments to Rule G-8, on Books and Records To Be Made by Brokers, Dealers, Municipal Securities Dealers, and Municipal AdvisorsPDF
80 FR 26542 - Call for Applications for the International Buyer Program Select Service for Calendar Year 2016PDF
80 FR 26605 - Agency Information Collection Activities: Proposed RequestPDF
80 FR 26606 - Commission MeetingPDF
80 FR 26586 - Certain Vision-Based Driver Assistance System Cameras and Components Thereof; Notice of Request for Statements on the Public InterestPDF
80 FR 26569 - Recruitment of Sites for Assignment of Corps Personnel Obligated Under the National Health Service Corps Scholarship ProgramPDF
80 FR 26464 - Organ Procurement and Transplantation: Implementation of the HIV Organ Policy Equity ActPDF
80 FR 26586 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of an Approved Collection; Office on Violence Against Women Solicitation TemplatePDF
80 FR 26544 - Proposed Information Collection; Comment Request; NOAA Restoration Center Performance Progress ReportPDF
80 FR 26573 - National Committee on Vital and Health Statistics: MeetingPDF
80 FR 26461 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Infrastructure Requirements for the 2010 Nitrogen Dioxide and 2012 Fine Particulate Matter National Ambient Air Quality StandardsPDF
80 FR 26484 - Airworthiness Directives; BAE SYSTEMS (Operations) Limited AirplanesPDF
80 FR 26475 - Energy Conservation Program for Certain Industrial Equipment: Energy Conservation Standards for Dedicated-Purpose Pool Pumps; Request for InformationPDF
80 FR 26547 - Title: National Medal of Technology and Innovation Nomination Evaluation Committee MeetingPDF
80 FR 26492 - Airworthiness Directives; Airbus AirplanesPDF
80 FR 26487 - Airworthiness Directives; Airbus AirplanesPDF
80 FR 26490 - Airworthiness Directives; Bombardier, Inc. AirplanesPDF
80 FR 26519 - Drug- and Alcohol-Free Workforce and Mission Critical Systems Personnel Reliability ProgramPDF
80 FR 26644 - Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable TrainsPDF
80 FR 26550 - Record of Decision for the Modernization and Repair of Piers 2 and 3, Military Ocean Terminal Concord, CAPDF
80 FR 26608 - Notice of Final Federal Agency Actions on Proposed Highway in CaliforniaPDF
80 FR 26496 - Proposed Revocation of Class D and E Airspace; Independence, KSPDF
80 FR 26579 - Federal Property Suitable as Facilities To Assist the HomelessPDF
80 FR 26497 - Proposed Establishment and Amendment of Class E Airspace; Bremerton, WAPDF
80 FR 26463 - Partial Withdrawal of Technical Amendments Related to: Tier 3 Motor Vehicle Fuel and Quality Assurance Plan ProvisionsPDF
80 FR 26534 - Privacy Act of 1974, New System of RecordsPDF
80 FR 26499 - Public Information, Freedom of Information Act and Privacy Act RegulationsPDF
80 FR 26469 - Blueberry Promotion, Research and Information Order; Expanding the Membership of the U.S. Highbush Blueberry Council and Other ChangesPDF
80 FR 26788 - Value-Added Producer Grant ProgramPDF
80 FR 26528 - Inviting Applications for Value-Added Producer GrantsPDF
80 FR 26608 - Notice of Final Federal Agency Actions on Proposed Transportation Projects in FloridaPDF
80 FR 26501 - Controlled Unclassified InformationPDF

Issue

80 89 Friday, May 8, 2015 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Blueberry Promotion, Research and Information Order: Expanding Membership of the U.S. Highbush Blueberry Council, 26469-26475 2015-10449 Agricultural Research Agricultural Research Service NOTICES Exclusive Licenses, 26522 2015-11132 Agriculture Agriculture Department See

Agricultural Marketing Service

See

Agricultural Research Service

See

Animal and Plant Health Inspection Service

See

Food Safety and Inspection Service

See

Rural Business-Cooperative Service

See

Rural Utilities Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26522 2015-11096
Animal Animal and Plant Health Inspection Service NOTICES Authorization of Interstate Movement: Sea Asparagus Tips from Hawaii into the Continental U.S., 26523 2015-11124 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2015-11101 26549-26550 2015-11102 Record of Decision for the Modernization and Repair of Piers 2 and 3, Military Ocean Terminal Concord, CA, 26550-26551 2015-10588 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26568 2015-11208 Medicare Program: Request for an Exception to the Prohibition on Expansion of Facility Capacity under the Hospital Ownership and Rural Provider Exceptions to the Physician Self-Referral Prohibition, 26566-26567 2015-11138 Coast Guard Coast Guard RULES Drawbridge Operations: Navesink (Swimming) River, Middletown and Rumson, NJ, 26442-26443 2015-11188 Safety Zones: Marine Safety Unit Savannah Safety Zone for Heavy Weather and Other Natural Disasters, Savannah Captain of the Port Zone, Savannah, GA, 26445-26447 2015-11177 Pamlico River, Washington, NC, 26443-26445 2015-11176 PROPOSED RULES Safety Zones: Fireworks Display, Patapsco River, Inner Harbor, Baltimore, MD, 26511-26514 2015-11190 Misery Challenge, Manchester Bay, Manchester, MA, 26514-26517 2015-11189 Commerce Commerce Department See

Foreign-Trade Zones Board

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

See

Patent and Trademark Office

PROPOSED RULES Public Information, Freedom of Information Act and Privacy Act Regulations, 26499-26500 2015-10451 NOTICES Privacy Act; Systems of Records, 26534-26537 2015-10452
Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 26547-26549 2015-11128 2015-11129 Defense Department Defense Department See

Army Department

NOTICES Meetings: Judicial Proceedings since Fiscal Year 2012 Amendments Panel, 26551-26552 2015-11205 National Commission on the Future of the Army; Federal Advisory Committee, 26552-26554 2015-11076 Privacy Act; Systems of Records, 26552 2015-11100
Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fulbright-Hays Seminars Abroad Program Application Package, 26554 2015-11095 Energy Department Energy Department PROPOSED RULES Energy Conservation Program for Certain Industrial Equipment: Energy Conservation Standards for Dedicated-Purpose Pool Pumps, 26475-26484 2015-11011 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Pennsylvania; Infrastructure Requirements for the Nitrogen Dioxide and Fine Particulate Matter National Ambient Air Quality Standards, 26461-26463 2015-11033 Partial Withdrawal of Technical Amendments: Tier 3 Motor Vehicle Fuel and Quality Assurance Plan Provisions, 26463-26464 2015-10487 Significant New Use Rules on Certain Chemical Substances, 26448-26460 2015-11166 PROPOSED RULES Chemical Substances When Manufactured or Processed as Nanoscale Materials: TSCA Reporting and Recordkeeping Requirements; Meeting, 26518-26519 2015-11215 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26554-26555 2015-11212 Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Operating Permit Program, 26558-26559 2015-11216 Environmental Impact Statements; Availability, etc., 26559 2015-11201 Pesticide Emergency Exemptions: Agency Decisions and State and Federal Agency Crisis Declarations, 26555-26558 2015-11214 Export Import Export-Import Bank NOTICES Meetings: Advisory Committee of the Export-Import Bank of the United States, 26559 2015-11081 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 26559-26560 2015-11285 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 26487-26490, 26492-26496 2015-10948 2015-10949 BAE SYSTEMS (Operations) Limited Airplanes, 26484-26487 2015-11023 Bombardier, Inc. Airplanes, 26490-26492 2015-10947 Establishment and Amendment of Class E Airspace: Bremerton, WA, 26497-26499 2015-10499 Revocation of Class D and E Airspace: Independence, KS, 26496-26497 2015-10515 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26563-26565 2015-11089 2015-11090 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Rural Broadband Experiments and Post-Selection Review of Rural Broadband Experiment Winning Bidders, 26560-26561 2015-11091 Requests for Information: Current Trends in LTE-Unlicensed and Licensed Assisted Access Technology, 26561-26563 2015-11211 Federal Highway Federal Highway Administration NOTICES Federal Agency Actions: California Highway; Limitation on Claims for Judicial Review of Actions, 26608 2015-10555 Florida; Transportation Projects, 26608-26610 2015-10431 Federal Maritime Federal Maritime Commission NOTICES Complaints: Combustion Store Limited v. UniGroup Worldwide -UTS, 26565 2015-11130 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Application for Exemptions: Hearing, 26610-26612 2015-11121 Qualification of Drivers; Exemption Applications: Epilepsy and Seizure Disorders, 26612-26614 2015-11123 Fish Fish and Wildlife Service RULES Addresses of Headquarters Offices; Technical Amendment, 26467-26468 2015-11084 Food Safety Food Safety and Inspection Service NOTICES Foreign Food Regulatory Systems; Ongoing Equivalence Verifications, 26523-26527 2015-11250 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: CoLinx, LLC, Foreign-Trade Zone 148, Knoxville, TN, 26539 2015-11219 Proposed Production Activities: Outokumpu Stainless USA, LLC, Foreign-Trade Zone 82, Mobile, AL, 26537-26538 2015-11220 Reorganizations and Expansions under Alternative Site Frameworks: Foreign-Trade Zone 82, Mobile, AL, 26538-26539 2015-11221 Geological Geological Survey NOTICES Meetings: National Geospatial Advisory Committee, 26582 2015-11203 Health and Human Health and Human Services Department See

Centers for Medicare & Medicaid Services

See

Health Resources and Services Administration

See

National Institutes of Health

See

Public Health Service

See

Substance Abuse and Mental Health Services Administration

RULES Organ Procurement and Transplantation: Implementation of the HIV Organ Policy Equity Act, 26464-26467 2015-11048 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26571-26573 2015-11204 2015-11207 Meetings: National Committee on Vital and Health Statistics, 26573 2015-11045
Health Resources Health Resources and Services Administration NOTICES Meetings: Advisory Commission on Childhood Vaccines, 26568-26569 2015-11097 Recruitment of Sites for Assignment of Corps Personnel Obligated under the National Health Service Corps Scholarship Program, 26569-26571 2015-11049 Homeland Homeland Security Department See

Coast Guard

Housing Housing and Urban Development Department NOTICES Federal Properties Suitable as Facilities to Assist the Homeless, 26579-26582 2015-10506 Information Information Security Oversight Office PROPOSED RULES Controlled Unclassified Information, 26501-26511 2015-10260 Interior Interior Department See

Fish and Wildlife Service

See

Geological Survey

See

National Park Service

See

Reclamation Bureau

NOTICES Requests for Nominations: U.S. Extractive Industries Transparency Initiative Advisory Committee, 26582-26583 2015-11060
Internal Revenue Internal Revenue Service RULES Notional Principal Contracts; Swaps with Nonperiodic Payments, 26437-26442 2015-11092 PROPOSED RULES Notional Principal Contracts; Swaps with Nonperiodic Payments, 26500-26501 2015-11093 NOTICES Meetings: Taxpayer Advocacy Panel Joint Committee, 26637 2015-11218 Taxpayer Advocacy Panel Notices and Correspondence Project Committee; Teleconferences, 26637-26638 2015-11227 Taxpayer Advocacy Panel Special Projects Committee; Teleconferences, 26637 2015-11228 Taxpayer Advocacy Panel Tax Forms and Publications Project Committee; Teleconferences, 26618 2015-11224 Taxpayer Advocacy Panel Taxpayer Assistance Center Improvements Project Committee, 26637 2015-11230 Taxpayer Advocacy Panel Taxpayer Communications Project Committee; Teleconferences, 26618 2015-11232 Taxpayer Advocacy Panel Toll-Free Phone Line Project Committee; Teleconferences, 26638 2015-11244 Quarterly List of Individuals, Who Have Chosen To Expatriate, 26618-26637 2015-11213 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Pure Magnesium from the People's Republic of China, 26541-26542 2015-11217 Applications: International Buyer Program Select Service for Calendar Year 2016, 26542-26544 2015-11053 Trade Missions: Education Trade Mission to Africa, March 7 - 10, 2016, 26539-26541 2015-11070 International Trade Com International Trade Commission NOTICES Complaints: Certain Automated Teller Machines and Point of Sale Devices and Associated Software Thereof, 26585 2015-11113 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Vision-Based Driver Assistance System Cameras and Components Thereof, 26586 2015-11050 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Office on Violence Against Women Solicitation Template, 26586-26587 2015-11047 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: U.S. Merchant Marine Academy Candidate Application for Admission, 26616 2015-11255 Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel ANATOLYA, 26615 2015-11246 Vessel SURYA, 26614 2015-11252 Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel ARTHUR'S WAY, 26614-26615 2015-11253 Vessel Pineapple Princess, 26616 2015-11254 NASA National Aeronautics and Space Administration PROPOSED RULES Drug- and Alcohol-Free Workforce and Mission Critical Systems Personnel Reliability Program, 26519-26521 2015-10945 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26587-26588 2015-11209 National Archives National Archives and Records Administration See

Information Security Oversight Office

National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 26573-26574 2015-11065 National Center for Advancing Translational Sciences, 26574 2015-11064 National Institute of Biomedical Imaging and Bioengineering, 26575 2015-11063 National Institute on Minority Health And Health Disparities, 26574-26575 2015-11062 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NOAA Restoration Center Performance Progress Report, 26544-26545 2015-11046 Socioeconomic Survey -- Manell-Geus (Guam), 26546-26547 2015-11206 Meetings: Gulf of Mexico Fishery Management Council, 26546 2015-11118 New England Fishery Management Council, 26545 2015-11119 Western Pacific Fishery Management Council, 26545-26546 2015-11117 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 26583-26584 2015-11071 Patent Patent and Trademark Office NOTICES Meetings: National Medal of Technology and Innovation Nomination Evaluation Committee, 26547 2015-11010 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains, 26644-26750 2015-10670 NOTICES Meetings: International Standards on the Transport of Dangerous Goods, 26617-26618 2015-11104 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Automatic Closure of Inactive Dockets, 26517-26518 2015-11061 NOTICES New Postal Products, 2015-11066 26588-26589 2015-11079 Postal Service Postal Service RULES International Mailing Services: Approved Price Changes, 26447 2015-11068 NOTICES Product Changes: Priority Mail Express and Priority Mail Negotiated Service Agreement, 26589 2015-11067 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Syria; Continuation of National Emergency (Notice of May 6, 2015), 26813-26816 2015-11385 Public Health Public Health Service RULES Grants for Education Programs in Occupational Safety and Health; CFR Correction, 26464 2015-11141 Reagan-Udall Reagan-Udall Foundation For The Food And Drug Administration NOTICES Requests for Nominations: Innovation in Medical Evidence Development and Surveillance Program; Scientific Advisory Committee, 26589-26590 2015-11077 Innovation in Medical Evidence Development and Surveillance; Steering Committee, 26590-26591 2015-11075 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Cle Elum Pool Raise Project, Kittitas County, WA, 26584-26585 2015-11134 Meetings: Glen Canyon Dam Adaptive Management Work Group; Corrections, 26584 2015-11133 Rural Business Rural Business-Cooperative Service RULES Value-Added Producer Grant Program, 26788-26811 2015-10441 NOTICES Funding Availability: Value-Added Producer Grants, 26528-26534 2015-10440 Rural Utilities Rural Utilities Service RULES Value-Added Producer Grant Program, 26788-26811 2015-10441 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 2015-11056 26599, 26601-26605 2015-11058 Municipal Securities Rulemaking Board, 26752-26785 2015-11054 New York Stock Exchange, LLC, 26599-26601 2015-11055 NYSE Arca, Inc., 26591-26599 2015-11057 2015-11059 2015-11080 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26605-26606 2015-11052 Substance Substance Abuse and Mental Health Services Administration NOTICES Offender Reintegration Toolkit Challenge, 26577-26579 2015-11098 Opioid Overdose Prevention Challenge, 26575-26577 2015-11099 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Chicago Central and Pacific Railroad Co. in Pottawattamie County, IA, and Douglas County, NE; Corrections, 26618 2015-11114 Susquehanna Susquehanna River Basin Commission NOTICES Meetings: Susquehanna River Basin Commission, 26606-26607 2015-11051 Trade Representative Trade Representative, Office of United States NOTICES Additional Participants in Trade in Services Agreements, 26607-26608 2015-11069 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Highway Administration

See

Federal Motor Carrier Safety Administration

See

Maritime Administration

See

Pipeline and Hazardous Materials Safety Administration

See

Surface Transportation Board

Treasury Treasury Department See

Internal Revenue Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26638 2015-11115
Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26639-26640 2015-11120 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application in Acquiring Specially Adapted Housing or Special Home Adaptation Grant, 26639 2015-11125 Claim for Disability Insurance Benefits, Government Life Insurance, 26638-26639 2015-11127 Intent to File a Claim for Compensation and/or Pension, or Survivors Pension and/or DIC, 26640 2015-11122 Post-Engagement, 26640-26641 2015-11126 Separate Parts In This Issue Part II Transportation Department, Pipeline and Hazardous Materials Safety Administration, 26644-26750 2015-10670 Part III Securities and Exchange Commission, 26752-26785 2015-11054 Part IV Agriculture Department, Rural Business-Cooperative Service, 26788-26811 2015-10441 Agriculture Department, Rural Utilities Service, 26788-26811 2015-10441 Part V Presidential Documents, 26813-26816 2015-11385 Reader Aids

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

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

80 89 Friday, May 8, 2015 Rules and Regulations DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9719] RIN 1545-BM62 Notional Principal Contracts; Swaps With Nonperiodic Payments AGENCY:

Internal Revenue Service (IRS), Treasury.

ACTION:

Final and temporary regulations.

SUMMARY:

This document contains final and temporary regulations amending the treatment of nonperiodic payments made or received pursuant to certain notional principal contracts. These regulations provide that, subject to certain exceptions, a notional principal contract with a nonperiodic payment, regardless of whether it is significant, must be treated as two separate transactions consisting of one or more loans and an on-market, level payment swap. This document also contains temporary regulations regarding an exception from the definition of United States property. These regulations affect parties making and receiving payments under notional principal contracts, including United States shareholders of controlled foreign corporations and tax-exempt organizations. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking (REG-102656-15) on this subject in the Proposed Rules section in this issue of the Federal Register.

DATES:

Effective Date. These regulations are effective on May 8, 2015.

Applicability Date. For the dates of applicability, see §§ 1.446-3T(j)(2) and 1.956-2T(f).

FOR FURTHER INFORMATION CONTACT:

Regarding the regulations under section 446, Alexa T. Dubert or Anna H. Kim at (202) 317-6895; regarding the regulations under section 956, Kristine A. Crabtree at (202) 317-6934 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

Background I. Embedded Loan Rule

On October 14, 1993, the Treasury Department and the IRS published final regulations (TD 8491) under section 446(b) of the Internal Revenue Code (Code) in the Federal Register (58 FR 53125) relating to the timing of income, deduction, gain, or loss with respect to payments, including nonperiodic payments, made or received pursuant to a notional principal contract (NPC) (the 1993 Regulations). See § 1.446-3. Under the 1993 Regulations, when an NPC includes a “significant” nonperiodic payment, the contract is generally treated as two separate transactions consisting of an on-market, level payment swap and a loan (the embedded loan rule). The loan must be accounted for by the parties to the contract separately from the swap. The time-value component associated with the loan is recognized as interest for all purposes of the Code.

A nonperiodic payment commonly arises when a party to an NPC makes below-market periodic payments or receives above-market periodic payments under the terms of the contract. A party making below-market periodic payments or receiving above-market periodic payments would also typically be required to make an upfront payment to the counterparty to compensate for the off-market coupon payments specified in the contract. For example, if A and B enter into an off-market interest rate swap the terms of which require A to make periodic below-market, fixed rate payments to B in exchange for A receiving periodic on-market, floating-rate payments from B, then A typically will compensate B for receiving the below-market fixed rate payments by making an upfront payment at the outset of the interest rate swap so that the present value of the fixed rate leg of the swap will equal the present value of the floating rate leg of the swap.

II. Nonperiodic (Upfront) Payments Arising From the Standardization of Contract Terms

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Public Law 111-203, 124 Stat. 1376, Title VII (the Dodd-Frank Act), among other things: (1) Provides for the registration and comprehensive regulation of swap dealers and major swap participants; (2) imposes clearing and trade execution requirements on many standardized swap contracts; (3) creates rigorous recordkeeping and real-time reporting regimes; and (4) enhances rulemaking and enforcement authority of various federal regulators with respect to entities and intermediaries within their jurisdiction. As part of implementing the Dodd-Frank Act, the Commodity Futures Trading Commission (CFTC) has mandated that certain swap contracts (cleared contracts), including swaps that are NPCs under § 1.446-3, be cleared through U.S.-registered derivatives clearing organizations. The Securities and Exchange Commission (SEC) has not yet mandated clearing of any security-based swaps through clearing agencies (which, together with derivatives clearing organizations, are referred to herein as U.S.-registered clearinghouses).

To facilitate clearing and exchange trading, cleared contracts generally have standardized terms, which often give rise to upfront payments. For example, a Market Agreed Coupon interest rate swap (MAC) has standardized terms, including a standardized coupon rate (or fixed rate). Because the fixed rate is set in advance, it is unlikely that the fixed rate will equal the market rate on the start date of the MAC. Consequently, except for the rare instance when the market rate for a particular MAC equals the fixed rate, a MAC with a standardized coupon rate will be off-market and will require an upfront payment to equalize the present value of the payment obligations under the contract.

Certain over-the-counter markets in swap contracts not subject to clearing with U.S.-registered clearinghouses (uncleared contracts) also have voluntarily begun to adopt terms similar to the MAC, including pre-defined, market-agreed start and end dates, payment dates, and fixed coupons to achieve greater standardization of contract terms. Similar to cleared contracts, these uncleared contracts are resulting in an increasing number of upfront payments.

III. Margin Requirements

As part of establishing a risk-management framework, the SEC, CFTC, and certain other federal regulators (collectively, the Regulators) are required by the Dodd-Frank Act to propose and adopt collateral requirements for cleared contracts and certain uncleared contracts. These requirements are typically referred to as “margin” requirements in the context of contracts between entities that are regulated by the Regulators (regulated entities) and, in these temporary regulations, the term “margin” is used in the context of cleared and uncleared contracts between regulated entities and the term “collateral” is used in the context of uncleared contracts between unregulated entities.

A. Margin Requirements on Cleared Contracts

U.S.-registered clearinghouses manage credit risk (the risk of counterparty default) in part by requiring that each party to a cleared contract provide various types of margin in an amount that fully collateralizes the credit risk on the contract. Because credit risk starts at the inception of the contract and continues throughout the term of the contract, the requirement to exchange margin sufficient to fully collateralize credit risk begins when the parties enter into the contract. To ensure that credit risk on the contract is fully collateralized, the contract is marked to market on a daily basis (beginning on the day the contract is entered into) and margin is exchanged by the parties based on the mark-to-market value.

For example, if A and B enter into a cleared off-market interest rate swap contract the terms of which require A to make periodic below-market, fixed rate payments to B in exchange for A receiving periodic on-market, floating-rate payments from B, then A will make an upfront payment to the clearinghouse (to be passed on to B) so that the present value of the fixed rate leg of the swap will equal the present value of the floating rate leg of the swap. A has credit risk with respect to that payment because, if the clearinghouse (or A's clearing member) were to default, A may not receive the full benefit of receiving on-market, floating rate payments in exchange for making below-market fixed rate payments for the term of the contract. When the U.S.-registered clearinghouse makes the upfront payment to B, the U.S.-registered clearinghouse similarly has credit risk with respect to B (or B's clearing member). To eliminate the credit risk to A and B, the parties are required to post margin. More specifically, B (the ultimate recipient of the upfront payment) is required to make a payment of initial variation margin to the U.S.-registered clearinghouse, generally no later than the end of the business day on which the upfront payment is made, in an amount that is equal (or substantially equal) to the amount of the upfront payment.1 After receiving B's initial variation margin payment, the U.S.-registered clearinghouse will pay the same amount to A.2 Consequently, A is fully collateralized on the exposure on the swap contract at the end of the day the upfront payment is made.

1 The total amount of initial variation margin posted by B may not equal the amount of A's upfront payment due to either: (1) The netting of B's notional exposure to A, or to the U.S.-registered clearinghouse, as a result of other transactions; or (2) changes in the value of the contract between the time the contract is entered into and the time when the required margin is paid, requiring daily variation margin to be added to or subtracted from B's initial variation margin payment, as the case may be. However, on a transaction-by-transaction basis, the payment of initial variation margin by B should equal (or closely approximate) A's upfront payment when any daily variation margin is treated as separate from the initial variation margin posted on that day.

2 In each case, unless A and B are clearing members of the U.S.-registered clearinghouse, the payment is made to or through each party's clearing member (that is, a futures commission merchant, broker, or dealer who is a member of the clearinghouse), which may be an affiliate of that party.

In addition to initial variation margin, U.S.-registered clearinghouses manage credit risk by requiring that each party to a cleared contract provide daily variation margin. Daily variation margin is a cash payment made on a daily or intra-day basis between the counterparties to a contract to protect against the risk of counterparty default. The rules of U.S.-registered clearinghouses generally require that daily variation margin be paid in an amount equal to the change in the fair market value of the contract (the mark-to-market value). Thus, A and B will continue to mark to market the cleared contract and exchange daily variation margin based on those values on a daily basis for the entire term of the contract.

B. Margin Requirements on Uncleared Contracts Between Regulated Entities and the Exchange of Collateral on Uncleared Contracts Between Unregulated Entities

The margin requirements proposed by the Regulators for uncleared contracts are expected to appropriately address the credit risk posed by a counterparty that is a regulated entity and the risks associated with an uncleared contract and are expected to be as stringent as those required for cleared contracts.3 In addition, unregulated entities that enter into uncleared contracts may exchange collateral sufficient to fully collateralize the mark-to-market exposure on the contract on a daily basis for the entire term of the contract (beginning on the day the contract is entered into).

3 See Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants, 79 FR 59898 (October 3, 2014); Basel Committee on Banking Supervision (BCBS) and the Board of the International Organization of Securities Commissions (IOSCO), Margin Requirements for Non-centrally Cleared Derivatives (September 2013).

IV. Other Recent Guidance and Comments Regarding the Embedded Loan Rule as Applied to Upfront Payments on Cleared and Uncleared Contracts

The Dodd-Frank Act has led to significant changes in market practices for cleared and uncleared contracts, including the increased volume of cleared and uncleared contracts with upfront payments. Under the 1993 Regulations, the parties to an NPC with an upfront payment are required to determine whether the upfront payment is a significant nonperiodic payment. If the payment is significant, the embedded loan rule will apply. In addition, under the 1993 Regulations, for purposes of section 956 (regarding United States property), the Commissioner may treat any nonperiodic payment, whether or not significant, as one or more loans.

On May 11, 2012, the Treasury Department and the IRS published temporary regulations under section 956 (TD 9589) in the Federal Register (77 FR 27612). On the same date, a notice of proposed rulemaking (REG-107548-11) by cross-reference to the temporary regulations was published in the Federal Register (77 FR 27669). These regulations excepted from the definition of United States property under section 956 certain obligations arising from upfront payments on cleared contracts with respect to which full initial variation margin is posted (the Section 956 Regulations). In response to the request for comments and, more generally, because of the growing number of upfront payments on cleared and uncleared contracts, the Treasury Department and the IRS have received several comment letters noting the potentially burdensome tax consequences associated with treating an upfront payment as one or more loans. For example, the 1993 Regulations do not define what constitutes a “significant” nonperiodic payment. Instead, examples in the 1993 Regulations illustrate contracts with and without significant nonperiodic payments and explain how to determine significance by comparing the nonperiodic payment to the present value of the total amount of payments due under the contract. Commenters have noted that the lack of a definition in the embedded loan rule for when such a payment is significant creates uncertainty and that taxpayers have developed different ways to determine “significance” for this purpose.

In addition, commenters have argued that receiving an upfront payment and posting cash margin back to the payor of the upfront payment lacks the most important attribute of indebtedness because the recipient lacks discretion as to the payment's use. Commenters also have raised concerns of increased compliance burdens arising from withholding and information reporting resulting from the increasing number of upfront payments treated as loans. Commenters specifically cite the difficulty of satisfying information reporting on upfront payments arising from cleared contracts because a U.S-registered clearinghouse is interposed between the first party and second party once a contract is submitted and accepted for clearing.

Commenters also have raised concerns that receipt by a tax-exempt organization of an upfront payment arising from entering into a standardized cleared or uncleared contract (the loan separated from the on-market swap under the embedded loan rule) may cause income earned on the tax-exempt organization's deployment of the upfront payment to constitute unrelated business taxable income under the debt-financed property rules of section 514. Finally, commenters have requested that the exception in the Section 956 Regulations be extended to uncleared contracts with upfront payments with respect to which full initial variation margin is posted.

Explanation of Provisions

The text of these temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section of this issue of the Federal Register. The temporary regulations under section 446 simplify the embedded loan rule and provide two exceptions to that rule. The temporary regulations under section 956 provide an exception to the definition of United States property with respect to certain notional principal contracts subject to margin or collateral requirements as described in the temporary regulations under section 446.

I. Simplification of the Embedded Loan Rule

Because excepting non-significant nonperiodic payments from the embedded loan rule is not functioning as a rule of administrative convenience as intended, these temporary regulations eliminate that exception. Instead, other than contracts for which there is an explicit exception, the temporary regulations treat all notional principal contracts that have nonperiodic payments as including one or more loans. The Treasury Department and the IRS have determined that, unless an exception applies, the economic loan that is inherent in a nonperiodic payment should be taxed as one or more loans, and that it is reasonable to require taxpayers to separate the loan or loans from an NPC in the case of any nonperiodic payment, regardless of the relative size of such payment. Taxpayers may implement this change upon publication in the Federal Register, but for those taxpayers that need additional time, the temporary regulations delay the applicability date of this rule until November 4, 2015.

II. Exceptions to the Embedded Loan Rule

The temporary regulations provide two independent exceptions from the embedded loan rule. First, except for purposes of sections 514 and 956, the temporary regulations provide an exception for a nonperiodic payment made under an NPC with a term of one year or less (short-term exception).

Second, the temporary regulations provide an exception for certain NPCs with nonperiodic payments that are subject to prescribed margin or collateral requirements. The embedded loan rule is intended to address situations when one party to a contract provides cash to the counterparty and is compensated for that cash with a direct or indirect interest payment. The Treasury Department and the IRS have concluded, however, that the same concerns do not exist when a party pays or receives an upfront payment and must immediately collect or post an equivalent amount of cash margin or collateral. Accordingly, in those circumstances, the Treasury Department and the IRS have determined that the embedded loan rule should not apply to the upfront payment.

In order to qualify for the exception, the regulations require both that the margin or collateral posted and collected be paid in cash and that the parties to the contract be required to post and collect margin or collateral in an amount that fully collateralizes the mark-to-market exposure on the contract (including the exposure on the nonperiodic payment) on a daily basis for the entire term of the contract. The mark-to-market exposure on a cleared contract will be fully collateralized only if the contract is subject to both initial variation margin in an amount equal to the nonperiodic payment (except for variances permitted by intraday price changes) and daily variation margin in an amount equal to the daily change in the fair market value of the contract, and on an uncleared contract if it is subject to equivalent margin or collateral requirements (full margin exception). A taxpayer may use the full margin exception without regard to whether the contract qualifies for the short-term exception.

The Treasury Department and the IRS request comments on whether there are other circumstances in which the embedded loan rule should not apply. For example, there may be circumstances in which time value is appropriately accounted for under the contract because applying the embedded loan rule would not alter the tax consequences of the contract. In particular, the Treasury Department and the IRS request comments on whether it is necessary to require taxpayers to apply the embedded loan rule to NPCs with nonperiodic payments that are subject to mark-to-market accounting.

Finally, the Treasury Department and the IRS request comments on all other aspects of the temporary and proposed rules, including but not limited to any anticipated effects on market participants' behavior, the applicability of the full margin exception only in cases in which cash margin is posted, or possible effects on the goal of the Dodd-Frank Act to encourage centralized clearing of swaps.

III. Exception to the Definition of United States Property

The temporary regulations under section 956 provide an exception to the definition of United States property for certain obligations of United States persons arising from upfront payments made with respect to notional principal contracts that qualify for the full margin exception to the embedded loan rule in the temporary regulations under section 446. To qualify for the United States property exception, the upfront payment must be made by a controlled foreign corporation (as defined in section 957(a)) that is either a dealer in securities under section 475(c)(1) or a dealer in commodities.

Special Analyses

It has been determined that this Treasury decision is not a significant regulatory action as defined in Executive Order 12866, as supplemented by Executive Order 13653. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because these regulations do not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Internal Revenue Code, these regulations have been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on their impact on small entities.

Drafting Information

The principal authors of these regulations are Alexa T. Dubert and Anna H. Kim of the Office of Associate Chief Counsel (Financial Institutions and Products). However, other personnel from the Treasury Department and the IRS participated in their development.

List of Subjects in 26 CFR Part 1

Income taxes, Reporting and recordkeeping requirements.

Amendments to the Regulations

Accordingly, 26 CFR part 1 is amended as follows:

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

26 U.S.C. 7805 * * *

Par. 2. Section 1.446-3 is amended by: 1. Revising paragraph (g)(4). 2. Revising paragraph (g)(6), Examples 2, 3 and 4. 3. Redesignating paragraph (j) as (j)(1) and revising the paragraph heading of paragraph (j)(1). 4. Adding paragraphs (j)(2) and (k).

The revisions and addition to read as follows:

§ 1.446-3 Notional principal contracts.

(g) * * *

(4) [Reserved]. For further guidance, see § 1.446-3T(g)(4).

(6) * * *

Example 2. [Reserved]. For further guidance, see § 1.446-3T(g)(6), Example 2.

Example 3. [Reserved]. For further guidance, see § 1.446-3T(g)(6), Example 3.

Example 4. [Reserved]. For further guidance, see § 1.446-3T(g)(6), Example 4.

(j) Effective/applicability date—(1) * * *

(2) [Reserved]. For further guidance, see § 1.446-3T(j)(2).

(k) [Reserved]. For further guidance, see § 1.446-3(k).

Par. 3. Section 1.446-3T is added to read as follows:
§ 1.446-3T Notional principal contracts (temporary).

(a) through (g)(3) [Reserved]. For further guidance, see § 1.446-3(a) through (g)(3).

(4) Notional principal contracts with nonperiodic payments—(i) General rule. Except as provided in paragraph (g)(4)(ii) of this section, a notional principal contract with one or more nonperiodic payments is treated as two separate transactions consisting of an on-market, level payment swap and one or more loans. The loan(s) must be accounted for by the parties to the contract independently of the swap. The time value component associated with the loan(s) is not included in the net income or net deduction from the swap under § 1.446-3(d), but it is recognized as interest for all purposes of the Internal Revenue Code. See paragraph (g)(6) Example 2 of this section.

(ii) Exceptions—(A) Notional principal contract with a term of one year or less—(1) General rule. Except for purposes of sections 514 and 956, paragraph (g)(4)(i) of this section does not apply to a notional principal contract if the term of the contract is one year or less. For purposes of this paragraph (g)(4)(ii)(A), the term of a notional principal contract is the stated term of the contract, inclusive of any extensions (optional or otherwise) provided for in the terms of the contract, without regard to whether any extension is unilateral, is subject to approval by one or both parties to the contract, or is based on the occurrence or non-occurrence of a specified event.

(2) Anti-abuse rule. For purposes of determining the term of a contract under paragraph (g)(4)(ii)(A)(1) of this section, the Commissioner may treat two or more contracts as a single contract if a principal purpose of entering into separate contracts is to qualify for the exception set forth in paragraph (g)(4)(ii)(A)(1) of this section. A purpose may be a principal purpose even though it is outweighed by other purposes (taken together or separately).

(B) Notional principal contract subject to margin or collateral requirements. Subject to the requirements in paragraph (g)(4)(ii)(C) of this section, paragraph (g)(4)(i) of this section does not apply to a notional principal contract if the contract is described in paragraph (g)(4)(ii)(B)(1) or (2) of this section. See § 1.956-2T(b)(1)(xi) for a related exception under section 956.

(1) The contract is cleared by a derivatives clearing organization (as such term is defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a)) or by a clearing agency (as such term in defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c)) that is registered as a derivatives clearing organization under the Commodity Exchange Act or as a clearing agency under the Securities Exchange Act of 1934, respectively, and the derivatives clearing organization or clearing agency requires the parties to the contract to post and collect margin or collateral to fully collateralize the mark-to-market exposure on the contract (including the exposure on the nonperiodic payment) on a daily basis for the entire term of the contract. The mark-to-market exposure on a contract will be fully collateralized only if the contract is subject to both initial variation margin in an amount equal to the nonperiodic payment (except for variances permitted by intraday price changes) and daily variation margin in an amount equal to the daily change in the fair market value of the contract. See paragraph (g)(6) Example 3 of this section.

(2) The parties to the contract are required, pursuant to the terms of the contract or the requirements of a federal regulator, to post and collect margin or collateral to fully collateralize the mark-to-market exposure on the contract (including the exposure on the nonperiodic payment) on a daily basis for the entire term of the contract. The mark-to-market exposure on a contract will be fully collateralized only if the contract is subject to both initial variation margin or collateral in an amount equal to the nonperiodic payment (except for variances permitted by intraday price changes) and daily variation margin or collateral in an amount equal to the daily change in the fair market value of the contract. For purposes of this paragraph (g)(4)(ii)(B)(2), the term “federal regulator” means the Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), or a prudential regulator, as defined in section 1a(39) of the Commodity Exchange Act (7 U.S.C. 1a), as amended by section 721 of the Dodd-Frank Act. See paragraph (g)(6) Example 4 of this section.

(C) Limitations and special rules—(1) Cash requirement. A notional principal contract is described in paragraph (g)(4)(ii)(B) of this section only to the extent the parties post and collect margin or collateral to fully collateralize the mark-to-market exposure on the contract (including the exposure on the nonperiodic payment) by paying and receiving the required margin or collateral in cash. The term “cash” includes U.S. dollars or cash in any currency in which payment obligations under the notional principal contract are denominated.

(2) Excess margin or collateral. For purposes of paragraph (g)(4)(ii)(B)(2) of this section, if the amount of cash margin or collateral posted and collected is in excess of the amount necessary to fully collateralize the mark-to-market exposure on the contract (including the exposure on the nonperiodic payment) on a daily basis for the entire term of the contract, any excess is subject to the rule in paragraph (g)(4)(i) of this section.

(3) Margin or collateral paid and received in cash and other property. If the parties to the contract post and collect both cash and other property to satisfy margin or collateral requirements to collateralize the mark-to-market exposure on the contract (including the exposure on the nonperiodic payment), any excess of the nonperiodic payment over the cash margin or collateral posted and collected is subject to the rule in paragraph (g)(4)(i) of this section.

(5) [Reserved]. For further guidance, see § 1.446-3(g)(5).

(6) Examples through Example 1. [Reserved]. For further guidance, see § 1.446-3(g)(6), Examples through Example 1.

Example 2.

Nonperiodic payment. (i) On January 1, 2016, unrelated parties M and N enter into an interest rate swap contract. Under the terms of the contract, N agrees to make five annual payments to M equal to LIBOR times a notional principal amount of $100 million. In return, M agrees to pay N 6% of $100 million annually, plus an upfront payment of $15,163,147 on January 1, 2016. At the time M and N enter into the contract, the rate for similar on-market swaps is LIBOR to 10%, and N provides M with information that the amount of the upfront payment was determined as the present value, at 10% compounded annually, of five annual payments from M to N of $4,000,000 (4% of $100,000,000). The contract does not require the parties to post and collect margin or collateral to collateralize the mark-to-market exposure on the contract on a daily basis for the entire term of the contract.

(ii) The exceptions in paragraphs (g)(4)(ii)(A) and (B) of this section do not apply. Under paragraph (g)(4)(i) of this section, the transaction is recharacterized as consisting of both a $15,163,147 loan from M to N that N repays in installments over the term of the contract and an interest rate swap between M and N in which M immediately pays the installment payments on the loan back to N as part of its fixed payments on the swap in exchange for the LIBOR payments by N.

(iii) The upfront payment is recognized over the life of the contract by treating the $15,163,147 as a loan that will be repaid with level payments over five years. Assuming a constant yield to maturity and annual compounding at 10%, M and N account for the principal and interest on the loan as follows:

Level payment Interest
  • component
  • Principal
  • component
  • 2016 $4,000,000 $1,516,315 $2,483,685 2017 4,000,000 1,267,946 2,732,054 2018 4,000,000 994,741 3,005,259 2019 4,000,000 694,215 3,305,785 2020 4,000,000 363,636 3,636,364 20,000,000 4,836,853 15,163,147

    (iv) M recognizes interest income, and N claims an interest deduction, each taxable year equal to the interest component of the deemed installment payments on the loan. These interest amounts are not included in the parties' net income or net deduction from the swap contract under § 1.446-3(d). The principal components are needed only to compute the interest component of the level payment for the following period and do not otherwise affect the parties' net income or net deduction from this contract.

    (v) N also makes swap payments to M based on LIBOR and receives swap payments from M at a fixed rate that is equal to the sum of the stated fixed rate and the rate calculated by dividing the deemed level annual payments on the loan by the notional principal amount. Thus, the fixed rate on this swap is 10%, which is the sum of the stated rate of 6% and the rate calculated by dividing the annual loan payment of $4,000,000 by the notional principal amount of $100,000,000, or 4%. Using the methods provided in § 1.446-3(e)(2), the fixed swap payments from M to N of $10,000,000 (10% of $100,000,000) and the LIBOR swap payments from N to M are included in the parties' net income or net deduction from the contract for each taxable year.

    Example 3.

    Full margin—cleared contract. (i) A, a domestic corporation enters into an interest rate swap contract with unrelated counterparty B. The contract is required to be cleared and is accepted for clearing by a U.S.-registered derivatives clearing organization (DCO). The standardized terms of the contract provide that A, for a term of X years, will pay B a fixed coupon of 1% per year and receive a floating coupon on a notional principal amount of $Y. When A and B enter into the interest rate swap, the market coupon for similar interest rate swaps is 2% per year. The DCO requires A to make an upfront payment to compensate B for the below-market annual coupon payments that B will receive, and A makes the upfront payment in cash. The DCO also requires B to post initial variation margin in an amount equal to the upfront payment and requires each party to post and collect daily variation margin in an amount equal to the change in the fair market value of the contract on a daily basis for the entire term of the contract. B posts the initial variation margin in U.S. dollars, and the parties post and collect daily variation margin in U.S. dollars.

    (ii) Because the contract is subject to initial variation margin in an amount equal to the upfront payment and daily variation margin in an amount equal to the change in the fair market value of the contract on a daily basis for the entire term of the contract, the contract is described in paragraph (g)(4)(ii)(B)(1) of this section and paragraph (g)(4)(i) of this section does not apply to the contract.

    Example 4.

    Full margin—uncleared contract. (i) On June 1, 2016, P, a domestic corporation, enters into an interest rate swap contract with an unrelated domestic counterparty, CP. Under the terms of the contract, CP agrees to make five annual payments to P equal to a specified contract rate of 3% times the notional amount of $10,000,000 plus an upfront payment of $1,878,030. In exchange, P agrees to make five annual payments to CP equal to the same notional amount times LIBOR. At the time the parties enter into the contract, the fixed rate for an on-market swap is 7.52%. The contract is not required to be cleared and is not accepted for clearing by a U.S.-registered derivatives clearing organization. However, pursuant to the terms of the contract, P is obligated to post $1,878,030 as collateral with CP, and P and CP are obligated to post and collect collateral each business day in an amount equal to the daily change in the fair market value of the contract for the entire term of the contract. All collateral on the contract is required to be in U.S. dollars.

    (ii) Because the contract is required to be collateralized in an amount equal to the upfront payment and changes in the fair market value of the contract on a daily basis for the entire term of the contract, the contract is described in paragraph (g)(4)(ii)(B)(2) of this section and paragraph (g)(4)(i) of this section does not apply to the contract.

    (h) through (j)(1) [Reserved]. For further guidance, see § 1.446-3(h) through (j)(1).

    (2) Application of § 1.446-3T(g)(4). The rules provided in paragraph (g)(4)(i) of this section apply to notional principal contracts entered into on or after November 4, 2015. Taxpayers may apply the rules provided in paragraph (g)(4)(i) of this section to notional principal contracts entered into before November 4, 2015. The rules provided in paragraph (g)(4)(ii) of this section apply to notional principal contracts entered into on or after May 8, 2015. Taxpayers may apply the rules provided in paragraph (g)(4)(ii) of this section to notional principal contracts entered into before May 8, 2015. For the rules that apply to notional principal contracts with nonperiodic payments entered into before the dates set forth in this paragraph (j)(2), see § 1.446-3(g)(4) as contained in 26 CFR part 1, revised April 1, 2015.

    (k) Expiration date. The applicability of paragraph (g)(4) of this section and paragraph (g)(6) Examples 2, 3 and 4 of this section expires May 7, 2018.

    Par. 4. Section 1.956-2T is amended by revising paragraphs (b)(1)(xi), (f) and (g) to read as follows:
    § 1.956-2T Definition of United States property (temporary).

    (b) * * *

    (1) * * *

    (xi) An obligation of a United States person arising from a nonperiodic payment by a controlled foreign corporation (within the meaning of section 957(a)) with respect to a notional principal contract described in § 1.446-3T(g)(4)(ii)(B)(1) or (2) if the following conditions are satisfied—

    (A) The controlled foreign corporation that makes the nonperiodic payment is either a dealer in securities (within the meaning of section 475(c)(1)) or a dealer in commodities; and

    (B) The conditions set forth in § 1.446-3T(g)(4)(ii)(C)(1) (relating to full margin or collateral in cash) are satisfied.

    (C) Examples. The following examples illustrate the application of this paragraph (b)(1)(xi):

    Example 1.

    Full margin—cleared contract. (i) A domestic corporation (U.S.C.) wholly owns a controlled foreign corporation (CFC) that is a dealer in securities under section 475(c)(1). CFC enters into an interest rate swap contract with unrelated counterparty B. The contract is required to be cleared and is accepted for clearing by a U.S.-registered derivatives clearing organization (DCO). CFC is not a member of the DCO. CFC uses a U.S. affiliate (CM), which is a member of the DCO, as its clearing member to submit the contract to be cleared. CM is a domestic corporation that is wholly owned by U.S.C.. The standardized terms of the contract provide that, for a term of X years, CFC will pay B a fixed coupon of 1% per year and receive a floating coupon on a notional principal amount of $Y. When CFC and B enter into the contract, the market coupon for similar interest rate swaps is 2% per year. The DCO requires CFC to make an upfront payment to compensate B for the below-market annual coupon payments that B will receive, and CFC makes the upfront payment in cash. CFC makes the upfront payment through CM to the DCO, which then makes the payment to B. The DCO also requires B to post initial variation margin in an amount equal to the upfront payment and requires each party to post and collect daily variation margin in an amount equal to the change in the fair market value of the contract on a daily basis for the entire term of the contract. B posts the initial variation margin in U.S. dollars, which is received by CFC (through DCO and CM), and the parties post and collect daily variation margin in U.S. dollars.

    (ii) Because the contract is subject to initial variation margin in an amount equal to the upfront payment and daily variation margin in an amount equal to the change in the fair market value of the contract on a daily basis for the entire term of the contract, the contract is described in § 1.446-3T(g)(4)(ii)(B)(1). Furthermore, because the additional conditions set forth in this paragraph (b)(1)(xi) are satisfied, the obligation of CM arising from the upfront payment by CFC does not constitute United States property for purposes of section 956.

    Example 2.

    Full margin—uncleared contract. (i) Assume the same facts as in Example 1, except for the following. CFC's counterparty to the contract is U.S.C., CM is not involved, and the contract is not required to be cleared and is not accepted for clearing by a U.S.-registered derivatives clearing organization. The contract requires CFC to make an upfront payment to compensate U.S.C. for the below-market annual coupon payments that U.S.C. will receive, and CFC makes the upfront payment in U.S. dollars. Pursuant to the requirements of a federal regulator, U.S.C. is obligated to post initial variation margin with CFC in an amount equal to CFC's upfront payment, and U.S.C. and CFC are obligated to post and collect daily variation margin in an amount equal to the change in the fair market value of the contract on a daily basis for the entire term of the contract. U.S.C. posts the initial variation margin in U.S. dollars, which is received by CFC, and the parties post and collect daily variation margin in U.S. dollars.

    (ii) Because the contract is subject to initial variation margin in an amount equal to the upfront payment and daily variation margin in an amount equal to the change in the fair market value of the contract on a daily basis for the entire term of the contract, the contract is described in § 1.446-3T(g)(4)(ii)(B)(2). Furthermore, because the additional conditions set forth in this paragraph (b)(1)(xi) are satisfied, the obligation of U.S.C. arising from the upfront payment by CFC does not constitute United States property for purposes of section 956.

    (f) Effective/applicability date. Paragraph (b)(1)(xi) of this section applies to payments described in § 1.956-2T(b)(1)(xi) made on or after May 8, 2015. Taxpayers may apply the rules of paragraph (b)(1)(xi) to payments made before May 8, 2015.

    (g) Expiration date. The applicability of paragraph (b)(1)(xi) of this section expires on May 7, 2018.

    John M. Dalrymple, Deputy Commissioner for Services and Enforcement. Approved: April 29, 2015. Mark J. Mazur, Assistant Secretary of the Treasury (Tax Policy).
    [FR Doc. 2015-11092 Filed 5-7-15; 8:45 am] BILLING CODE 4830-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0366] Drawbridge Operation Regulation; Navesink (Swimming) River, Middletown and Rumson, NJ AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of deviation from drawbridge regulation.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the operation of the Oceanic Bridge across the Navesink (Swimming) River, mile 4.5, between Middletown and Rumson, New Jersey. This deviation allows the bridge owner to perform structural repairs at the bridge. This deviation allows the bridge to open only one of the two moveable spans for passage of vessels traffic. This temporary deviation would help facilitate repairs to the bascule span bearing while continuing to meet the reasonable needs of navigation.

    DATES:

    This deviation is effective from May 26, 2015 through June 12, 2015.

    ADDRESSES:

    The docket for this deviation, [USCG-2015-0366] is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management Facility in Room W12-140, on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email Mr. Joe M. Arca, Project Officer, First Coast Guard District, telephone (212) 514-4336, [email protected] If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

    SUPPLEMENTARY INFORMATION:

    The Oceanic Bridge across Navesink (Swimming) River, mile 4.5, between Middletown and Rumson, New Jersey, has a vertical clearance in the closed position of 22 feet at mean high water and 25 feet at mean low water, and horizontal clearance of 75 feet. The existing bridge operating regulations are found at 33 CFR 117.734.

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

    The bridge owner, Monmouth County, requested a temporary deviation from the normal operating schedule to facilitate repairs to the bascule span bearing.

    Under this temporary deviation the Oceanic Bridge shall open on signal, except that, from May 26, 2015 through June 12, 2015, only one of the two moveable spans need open for the passage of vessels traffic.

    There are no alternate routes for vessel traffic.

    The Coast Guard will inform the users of the waterways through our Local and Broadcast Notice to Mariners of the change in operating schedule for the bridges so that vessels can arrange their transits to minimize any impact caused by the temporary deviation.

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

    Dated: April 30, 2015. C.J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District.
    [FR Doc. 2015-11188 Filed 5-7-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0287] RIN 1625-AA00 Safety Zone, Pamlico River; Washington, NC AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a temporary safety zone on the Pamlico River in Washington, NC. This action is necessary to protect the life and property of the maritime public from the hazards posed by fireworks displays. Entry into or movement within the safety zone during the enforcement period is prohibited without approval of the Captain of the Port or his designated Representative.

    DATES:

    This rule is effective from 8:30 p.m. to 9:30 p.m. on May 25, 2015.

    ADDRESSES:

    Documents mentioned in this preamble are part of docket [USCG-2015-0287]. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email LT Derek J. Burrill, Waterways Management Division Chief, Sector North Carolina, Coast Guard; telephone (910) 772-2230, email [email protected]. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

    SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because immediate action is required to provide for the safety of mariners on the navigable waters during the fireworks display on May 25, 2015. Delaying the effective date for comment would be contrary to the public interest, since immediate action is needed to ensure protection of persons and vessels transiting the area.

    For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register.

    B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; and DHS Delegation No. 0170.1, which collectively authorize the Coast Guard to propose, establish, and define regulatory safety zones.

    The purpose of this safety zone is to protect mariners and the public from hazards to navigation associated with the fireworks displays on Pamlico River in Washington, NC on May 25, 2015.

    C. Discussion of the Final Rule

    On May 25, 2015, the Washington Harbor District Alliance will sponsor a fireworks display for the “Memorial Day Event” at a position located on the southwest shore of the Pamlico River in Washington, NC at latitude 35°32′25″ N longitude 077°03′42″ W. The fireworks debris fallout area will extend over the navigable waters of the Pamlico River. Due to the need to protect mariners and spectators from the hazards associated with the fireworks display, including accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris, vessel traffic will be temporarily restricted from transiting within the fireworks launch and fallout area. This safety zone will be established and enforced from 8:30 p.m. to 9:30 p.m. on May 25, 2015.

    Access to the safety zone will be restricted during the specified date and times. Except for vessels authorized by the Captain of the Port or his Representative, no person or vessel may enter or remain in the regulated area. The Captain of the Port will give notice of the enforcement of the safety zone by all appropriate means to provide the widest dissemination of notice to the affected segments of the public. This will include publication in the Local Notice to Mariners and Marine Information Broadcasts.

    D. Regulatory Analyses

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

    1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders.

    Although this safety zone restricts vessel traffic through the regulated area, the effect of this rule will not be significant because: (i) This rule is of limited size and duration, and (ii) this rule will be well publicized to allow mariners to make alternative plans for transiting the affected area.

    2. Impact on Small Entities

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

    This rule will affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor in waters of the Pamlico River within a 300 yard radius of latitude 35°32′25″ N, longitude 077°03′42″ W position during the enforcement period.

    This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: (i) The safety zone is of limited size and duration, and (ii) maritime advisories will be issued in advance allowing mariners to adjust their plans accordingly.

    3. Assistance for Small Entities

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

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

    4. Collection of Information

    This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

    5. Federalism

    A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism.

    6. Protest Activities

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

    7. Unfunded Mandates Reform Act

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

    8. Taking of Private Property

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

    9. Civil Justice Reform

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

    10. Protection of Children

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

    11. Indian Tribal Governments

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

    12. Energy Effects

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

    13. Technical Standards

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

    14. Environment

    We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a safety zone. This rule is categorically excluded from further review under paragraph 34-g of 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 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 amends 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, 160.5; Department of Homeland Security Delegation No. 0170.1.

    2. Add § 165.T05-0287 to read as follows:
    165.T05-0287 Safety Zone, Pamlico River; Washington, North Carolina

    (a) Definitions. For the purposes of this section, Captain of the Port means the Commander, Sector North Carolina. Representative means any Coast Guard commissioned, warrant or petty officer who has been authorized to act on the behalf of the Captain of the Port.

    (b) Location. The following area is a safety zone: specified waters of the Pamlico River within a 300 yard radius of latitude 35°32′25″ N, longitude 077°03′42″ W in Washington, North Carolina.

    (c) Regulations. (1) In accordance with the general regulations in 165.23 of this part, entry into or remaining in this safety zone is prohibited unless authorized by the Captain of the Port, North Carolina or his designated representatives.

    (2) The Captain of the Port, North Carolina or his designated Representative can be reached at telephone number (910) 343-3882.

    (3) The Coast Guard vessels enforcing the safety zone can be contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and channel 16 (156.8 Mhz).

    (d) Enforcement period. This rule will be enforced from 8:30 p.m. to 9:30 p.m. on May 25, 2015.

    Dated: April 27, 2015. S. R. Murtagh, Captain, U.S. Coast Guard, Captain of the Port North Carolina.
    [FR Doc. 2015-11176 Filed 5-7-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2014-1017] RIN 1625-AA00, 1625-AA00 Safety Zone; Marine Safety Unit Savannah Safety Zone for Heavy Weather and Other Natural Disasters, Savannah Captain of the Port Zone, Savannah, GA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Final rule.

    SUMMARY:

    The Coast Guard is establishing a safety zone throughout the Marine Safety Unit Savannah Captain of the Port Zone. This action is necessary to consolidate, clarify, and otherwise modify safety regulations to better meet safety needs within the ports of Savannah and Brunswick. This action establishes safety zones in the event of natural or manmade disasters affecting navigable waterways within the Marine Safety Unit Savannah Captain of the Port Zone.

    DATES:

    This rule is effective on June 1, 2015.

    ADDRESSES:

    Documents mentioned in this preamble are part of docket USCG-2014-1017. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email Lieutenant Christopher D. McElvaine, U.S. Coast Guard Marine Safety Unit Savannah at (912) 652-4353 or email at Christop[email protected] If you have questions on viewing the docket, call Cheryl Collins, 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. Regulatory Information

    On February 27, 2015, we published a notice of proposed rulemaking entitled Safety Zone; Marine Safety Unit Savannah Safety Zone for Heavy Weather and Other Natural Disasters, Savannah Captain of the Port Zone, Savannah, GA. We received one public comment in support of the safety zone. No public meeting was requested, and none was held. No other documents were published as part of this rulemaking.

    B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to establish regulated navigation areas and other limited access areas: 33 U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 160.5; Department of Homeland Security Delegation No. 0170.1.

    The purpose of these regulations is to ensure the safety of life on navigable waters of the United States through the addition of regulations in the event of natural and other disasters.

    C. Discussion of Rule

    The Coast Guard is establishing a temporary safety zone throughout the Marine Safety Unit Savannah Captain of the Port Zone. This action is necessary to consolidate, clarify, and otherwise modify safety and security zone regulations within the Ports of Savannah and Brunswick. This action would establish a safety zone in the event of a disaster affecting navigable waterways within the Marine Safety Unit Savannah Captain of the Port Zone.

    Only one positive comment was received in support of the regulation. No changes were made in the rule making.

    D. Regulatory Analyses

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

    1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, 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. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS).

    The regulations that are being added are not expected to have a significant regulatory impact due to the infrequency of use for the safety zone.

    2. Impact of 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 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 received no comments from the Small Business Administration on this rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This safety zone would not have a significant impact on a substantial number of small entities for the following reasons: The safety zone would be activated and subject to enforcement only during the event of natural or other disasters.

    3. Assistance for Small Entities

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

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

    4. Collection of Information

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

    5. Federalism

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

    6. Protest Activities

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

    7. Unfunded Mandates Reform Act

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

    8. Taking of Private Property

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

    9. Civil Justice Reform

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

    10. Protection of Children

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

    11. Indian Tribal Governments

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

    12. Energy Effects

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

    13. Technical Standards

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

    14. Environment

    We analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.1D, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves waterway use restrictions that would be otherwise published as a Temporary Final Rule within the Savannah Captain of the Port Zone. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comment or information that may lead to the discovery of a significant environmental impact from the 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 amends 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 § 165.780 to read as follows:
    § 165.780 Safety Zone; Marine Safety Unit Savannah Safety Zone for Heavy Weather and other Natural Disasters, Savannah Captain of the Port Zone, Savannah, GA.

    (a) Regulated areas. The following areas are established as safety zones during the specified conditions:

    (1) Savannah, GA. All waters within the Port of Savannah, GA, encompassed within following locations: starting at the demarcation line drawn across the seaward extremity of the Savannah River entrance, and encompassing all of the waters of the Savannah River, Savannah GA.

    (2) Brunswick, GA. All waters starting at the demarcation line drawn across the seaward extremity of the Savannah River entrance, and encompassing all of the waters of the Brunswick River, Brunswick GA.

    (3) All coordinates are North American Datum 1983.

    (b) Definition. (1) The term “designated representative” means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Savannah in the enforcement of the regulated area.

    (2) Hurricane Port Condition YANKEE. Set when weather advisories indicate that sustained Gale Force winds from a tropical or hurricane force storm are predicted to make landfall at the port within 24 hours.

    (3) Hurricane Port Condition ZULU. Set when weather advisories indicate that sustained Gale Force winds from a tropical or hurricane force storm are predicted to make landfall at the port within 12 hours.

    (c) Regulations. (1) Hurricane Port Condition YANKEE. All commercial, oceangoing vessels and barges over 500 GT are prohibited from entering the regulated areas designated as being in Port Condition YANKEE; within 24 hours of anticipated landfall of gale force winds (39 mph) from tropical or hurricane force storm; or upon the Coast Guard setting Port Condition YANKEE for inbound ocean going commercial vessel traffic over 500 GT. Oceangoing commercial vessel traffic outbound will be authorized to transit through the regulated areas until Port Condition ZULU.

    (2) Hurricane Port Condition ZULU. All commercial, oceangoing vessels and barges over 500 GT are prohibited from entering the regulated areas designated as being in Port Condition ZULU; within 12 hours of anticipated landfall of a tropical storm or hurricane; or upon the Coast Guard setting Port Condition ZULU, unless written permission is obtained from the Captain of the Port. All ship-to-shore cargo operations must cease six hours prior to setting Port Condition Zulu.

    (3) Emergency Waterway Restriction for Other Disasters. Any natural or other disasters that are anticipated to affect the COTP Savannah AOR will result in the prohibition of commercial vessel traffic transiting or remaining in any of the two regulated areas predicted to be affected as designated by the COTP Savannah.

    (4) Persons and vessels desiring to enter, transit through, anchor in, or remain in the regulated area may contact the Captain of the Port Savannah via telephone at (912)-247-0073, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain in the regulated area is granted by the Captain of the Port Savannah or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Savannah or a designated representative.

    (5) Coast Guard Marine Safety Unit Savannah will attempt to notify the maritime community of periods during which these safety zones will be in effect via Broadcast Notice to Mariners or by on-scene designated representatives.

    (6) The Coast Guard will provide notice of the regulated area via Broadcast Notice to Mariners or by on-scene designated representatives.

    (7) This regulation does not apply to authorized law enforcement agencies operating within the regulated area.

    Dated: April 28, 2015. O. Vazquez, Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port Savannah.
    [FR Doc. 2015-11177 Filed 5-7-15; 8:45 am] BILLING CODE 9110-04-P
    POSTAL SERVICE 39 CFR Part 20 International Mailing Services: Approved Price Changes AGENCY:

    Postal ServiceTM.

    ACTION:

    Notice of approval of price changes for international mailing services.

    SUMMARY:

    On Friday, January 23, 2015, the Postal Service published a notice in the Federal Register of proposed price adjustments to international mailing services, to reflect a notice of price adjustments that we filed with the Postal Regulatory Commission (PRC) on January 15, 2015. The PRC has found that price adjustments contained in the Postal Service's notice may go into effect on May 31, 2015. The Postal Service will revise Notice 123, Price List to reflect the new prices.

    DATES:

    Effective: May 31, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Paula Rabkin at 202-268-2537.

    SUPPLEMENTARY INFORMATION:

    I. Proposed Rule and Response

    On January 15, 2015, the Postal Service filed a notice of international mailing services price adjustment with the PRC, effective on April 26, 2015. On January 23, 2015, the USPSTM published a notice of proposed price changes in the Federal Register entitled “International Mailing Services: Proposed Price Changes” (80 FR 3536). The notice included price changes that we would adopt for products and services covered by Mailing Standards of the United States Postal Service, International Mail Manual (IMM®) and publish in Notice 123, Price List, on Postal Explorer® at pe.usps.com. We received one comment, simply requesting no price change.

    II. Decision of the Postal Regulatory Commission

    As prescribed in the PRC's Order No.2365, issued on February 24, 2015, Order No. 2388, issued on March 10, 2015, and Order No. 2461, issued on April 30, 2015, in Docket No. R2015-4, the PRC found that the prices in the Postal Service's notice that was published on January 23, 2015, may go into effect on May 31, 2015. The new prices will accordingly be posted in Notice 123, on Postal Explorer at pe.usps.com.

    Stanley F. Mires, Attorney, Federal Requirements.
    [FR Doc. 2015-11068 Filed 5-7-15; 8:45 am] BILLING CODE 7710-12-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 9 and 721 [EPA-HQ-OPPT-2014-0908; FRL-9925-42] RIN 2070-AB27 Significant New Use Rules on Certain Chemical Substances AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    EPA is promulgating significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 25 chemical substances which were the subject of premanufacture notices (PMNs). Nine of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. This action requires persons who intend to manufacture (including import) or process any of these 25 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

    DATES:

    This rule is effective on July 7, 2015. For purposes of judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on May 22, 2015.

    Written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs must be received on or before June 8, 2015 (see Unit VI. of the SUPPLEMENTARY INFORMATION). If EPA receives written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs before June 8, 2015, EPA will withdraw the relevant sections of this direct final rule before its effective date.

    For additional information on related reporting requirement dates, see Units I.A., VI., and VII. of the SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPPT-2014-0908, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Kenneth Moss, Chemical Control Division (7405 M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-9232; email address: [email protected]

    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. General Information A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture, process, or use the chemical substances contained in this rule. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Manufacturers or processors of one or more subject chemical substances (NAICS codes 325 and 324110), e.g., chemical manufacturing and petroleum refineries.

    This action may also affect certain entities through pre-existing import certification and export notification rules under TSCA. Chemical importers are subject to the TSCA section 13 (15 U.S.C. 2612) import certification requirements promulgated at 19 CFR 12.118 through 12.127 and 19 CFR 127.28. Chemical importers must certify that the shipment of the chemical substance complies with all applicable rules and orders under TSCA. Importers of chemicals subject to these SNURs must certify their compliance with the SNUR requirements. The EPA policy in support of import certification appears at 40 CFR part 707, subpart B. In addition, any persons who export or intend to export a chemical substance that is the subject of a proposed or final rule are subject to the export notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) (see § 721.20), and must comply with the export notification requirements in 40 CFR part 707, subpart D.

    B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    II. Background A. What action is the agency taking?

    EPA is promulgating these SNURs using direct final procedures. These SNURs will require persons to notify EPA at least 90 days before commencing the manufacture or processing of a chemical substance for any activity designated by these SNURs as a significant new use. Receipt of such notices allows EPA to assess risks that may be presented by the intended uses and, if appropriate, to regulate the proposed use before it occurs. Additional rationale and background to these rules are more fully set out in the preamble to EPA's first direct final SNUR published in the Federal Register issue of April 24, 1990 (55 FR 17376) (FRL-3658-5). Consult that preamble for further information on the objectives, rationale, and procedures for SNURs and on the basis for significant new use designations, including provisions for developing test data.

    B. What is the Agency's authority for taking this action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to determine that a use of a chemical substance is a “significant new use.” EPA must make this determination by rule after considering all relevant factors, including the four bulleted TSCA section 5(a)(2) factors listed in Unit III. Once EPA determines that a use of a chemical substance is a significant new use, TSCA section 5(a)(1)(B) requires persons to submit a significant new use notice (SNUN) to EPA at least 90 days before they manufacture or process the chemical substance for that use. Persons who must report are described in § 721.5.

    C. Applicability of General Provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A. These provisions describe persons subject to the rule, recordkeeping requirements, exemptions to reporting requirements, and applicability of the rule to uses occurring before the effective date of the rule. Provisions relating to user fees appear at 40 CFR part 700. According to § 721.1(c), persons subject to these SNURs must comply with the same SNUN requirements and EPA regulatory procedures as submitters of PMNs under TSCA section 5(a)(1)(A). In particular, these requirements include the information submission requirements of TSCA section 5(b) and 5(d)(1), the exemptions authorized by TSCA section 5(h)(1), (h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part 720. Once EPA receives a SNUN, EPA may take regulatory action under TSCA section 5(e), 5(f), 6, or 7 to control the activities for which it has received the SNUN. If EPA does not take action, EPA is required under TSCA section 5(g) to explain in the Federal Register its reasons for not taking action.

    III. Significant New Use Determination

    Section 5(a)(2) of TSCA states that EPA's determination that a use of a chemical substance is a significant new use must be made after consideration of all relevant factors, including:

    • The projected volume of manufacturing and processing of a chemical substance.

    • The extent to which a use changes the type or form of exposure of human beings or the environment to a chemical substance.

    • The extent to which a use increases the magnitude and duration of exposure of human beings or the environment to a chemical substance.

    • The reasonably anticipated manner and methods of manufacturing, processing, distribution in commerce, and disposal of a chemical substance.

    In addition to these factors enumerated in TSCA section 5(a)(2), the statute authorized EPA to consider any other relevant factors.

    To determine what would constitute a significant new use for the 25 chemical substances that are the subject of these SNURs, EPA considered relevant information about the toxicity of the chemical substances, likely human exposures and environmental releases associated with possible uses, and the four bulleted TSCA section 5(a)(2) factors listed in this unit.

    IV. Substances Subject to This Rule

    EPA is establishing significant new use and recordkeeping requirements for 25 chemical substances in 40 CFR part 721, subpart E. In this unit, EPA provides the following information for each chemical substance:

    • PMN number.

    • Chemical name (generic name, if the specific name is claimed as CBI).

    • Chemical Abstracts Service (CAS) Registry number (assigned for non-confidential chemical identities).

    • Basis for the TSCA section 5(e) consent order or the basis for the TSCA non-section 5(e) SNURs (i.e., SNURs without TSCA section 5(e) consent orders).

    • Tests recommended by EPA to provide sufficient information to evaluate the chemical substance (see Unit VIII. for more information).

    • CFR citation assigned in the regulatory text section of this rule.

    The regulatory text section of this rule specifies the activities designated as significant new uses. Certain new uses, including production volume limits (i.e., limits on manufacture volume) and other uses designated in this rule, may be claimed as CBI. Unit IX. discusses a procedure companies may use to ascertain whether a proposed use constitutes a significant new use.

    This rule includes nine PMN substances (P-12-115, P-12-116, P-13-568, P-13-646, P-13-647, P-13-648, P-13-649, P-13-678, and P-13-679) that are subject to “risk-based” consent orders under TSCA section 5(e)(1)(A)(ii)(I) where EPA determined that activities associated with the PMN substances may present unreasonable risk to human health or the environment. Those consent orders require protective measures to limit exposures or otherwise mitigate the potential unreasonable risk. The so-called “TSCA section 5(e) SNURs” on these PMN substances are promulgated pursuant to § 721.160, and are based on and consistent with the provisions in the underlying consent orders. The TSCA section 5(e) SNURs designate as a “significant new use” the absence of the protective measures required in the corresponding consent orders.

    This rule also includes SNURs on 16 PMN substances that are not subject to consent orders under TSCA section 5(e). In these cases, for a variety of reasons, EPA did not find that the use scenario described in the PMN triggered the determinations set forth under TSCA section 5(e). However, EPA does believe that certain changes from the use scenario described in the PMN could result in increased exposures, thereby constituting a “significant new use.” These so-called “TSCA non-section 5(e) SNURs” are promulgated pursuant to § 721.170. EPA has determined that every activity designated as a “significant new use” in all TSCA non-section 5(e) SNURs issued under § 721.170 satisfies the two requirements stipulated in § 721.170(c)(2), i.e., these significant new use activities are different from those described in the premanufacture notice for the substance, including any amendments, deletions, and additions of activities to the premanufacture notice, and may be accompanied by changes in exposure or release levels that are significant in relation to the health or environmental concerns identified” for the PMN substance.

    PMN Numbers P-12-115, P-12-116, and P-13-568

    Chemical names: (P-12-115) Alkylbenzene sulfonic acid (generic) and (P-12-116 and P-13-568) Benzenesulfonic acid, dimethyl-, alkyl derivatives, sodium salt (generic).

    CAS numbers: Claimed confidential.

    Effective date of TSCA section 5(e) consent orders: August 1, 2014 (P-12-115 and P-12-116) and July 2, 2014 (P-13-568).

    Basis for TSCA section 5(e) consent orders: The PMNs state that P-12-115 will be used as a chemical intermediate to prepare an interfacial tension reducer for enhanced oil recovery, P-12-116 will be used as an interfacial tension reducer for enhanced oil recovery, and P-13-568 will be used generically in enhanced oil recovery applications. Based on surfactant properties and SAR analysis of test data on PMN substance P-13-568 and other analogous substances, EPA identified concerns for corrosion to the eyes, mucous membranes, lungs, and skin. In addition, based on test data on the PMN substances P-12-116 and P-13-568, as well as test data on analogous substances, EPA predicts toxicity to aquatic organisms at concentrations that exceed 4 parts per billion (ppb) of the PMN substances in surface waters. The consent order for PMNs P-12-115 and P-12-116 was issued under TSCA sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I) based on a finding that the uncontrolled manufacture, processing, distribution in commerce, use and disposal of the PMN substances may present an unreasonable risk to the environment. The consent order for PMN P-13-568 was issued under TSCA sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I) based on a finding that that the uncontrolled manufacture, processing, distribution in commerce, use and disposal of the PMN substance may present an unreasonable risk to human health and the environment. To protect against these risks, the consent orders require:

    1. Manufacturing, processing, or use of the PMN substance P-12-115 only as a chemical intermediate to prepare an interfacial tension reducer for enhanced oil recovery.

    2. Manufacturing, processing, or use of the PMN substance identified as P-12-116 and P-13-568 only as an interfacial tension reducer for enhanced oil recovery or for the specific confidential enhanced oil recovery applications described in the consent order for PMN P-13-568.

    3. No predictable or purposeful release of the PMN substances from manufacturing, processing or use into the waters of the United States that result in surface water concentrations exceeding 4 ppb.

    4. Individual aggregate production volume limits for the PMN substance identified as P-12-116 and P-13-568 shall not exceed the confidential production limit identified in the consent order for PMN P-13-568.

    5. Establishment and use of a hazard communication program, including environmental hazard precautionary statements on each label and the MSDS for the PMN substance P-12-115.

    6. Establishment and use of a hazard communication program, including human health and environmental hazard precautionary statements on each label and the MSDS for the PMN substance identified as P-12-116 and P-13-568.

    The SNUR designates as a “significant new use” the absence of these protective measures.

    Recommended testing: EPA has determined that the results of a fish early-life stage toxicity test (OPPTS Test Guideline 850.1400) in clean dilution water; and a daphnid chronic toxicity test (OPPTS Test Guideline 850.1300) would help characterize the environmental effects of the PMN substances.

    CFR citations: 40 CFR 721.10812 (P-12-115) and 40 CFR 721.10813 (P-12-116 and P-13-568).

    PMN Number P-12-397

    Chemical name: 2-Propenoic acid, 3-phenyl-, zinc salt (2:1), (2E)-.

    CAS number: 18957-59-0.

    Basis for action: The PMN states that the PMN substance will be used as a reinforcing additive in polyolefins. Based on structure activity relationship (SAR) analysis of test data on analogous zinc salts, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 3 ppb of the PMN substance in surface waters for greater than 20 days per year. This 20-day criterion is derived from partial life cycle tests (daphnid chronic and fish early-life stage tests) that typically range from 21 to 28 days in duration. EPA predicts toxicity to aquatic organisms may occur if releases of the substance to surface water, from uses other than as described in the PMN, exceed releases from the use described in the PMN. For the use described in the PMN, environmental releases did not exceed 3 ppb for more than 20 days per year. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance other than as a reinforcing additive in polyolefins may result in significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(ii).

    Recommended testing: EPA has determined that the results of a fish acute toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075); an acute invertebrate toxicity test, freshwater daphnids (OPPTS Test Guideline 850.1010); an algal toxicity test (OCSPP Test Guideline 850.4500); and a ready biodegradability test (OPPTS Test Guideline 835.3110) would help characterize the environmental effects of the PMN substance.

    CFR citation: 40 CFR 721.10814.

    PMN Number P-13-139

    Chemical name: Fatty acids, satd. and unsatd alkyl-, esters with polyol (generic).

    CAS number: Claimed confidential.

    Basis for action: The PMN states that the substance will be used as an ingredient in multipurpose additive in gasoline to reduce friction in engines. Based on SAR analysis of test data on analogous nonionic surfactants, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 190 ppb of the PMN substance in surface waters for greater than 20 days per year. This 20-day criterion is derived from partial life cycle tests (daphnid chronic and fish early-life stage tests) that typically range from 21 to 28 days in duration. EPA predicts toxicity to aquatic organisms may occur if releases of the substance to surface water, from uses other than as described in the PMN, exceed releases from the use described in the PMN. For the use described in the PMN, environmental releases did not exceed 190 ppb for more than 20 days per year. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance other than as an ingredient in multipurpose additive in gasoline to reduce friction in engines may result in significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(ii).

    Recommended testing: EPA has determined that the results of a fish acute toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075); an acute invertebrate toxicity test, freshwater daphnids (OPPTS Test Guideline 850.1010); and an algal toxicity test (OCSPP Test Guideline 850.4500) would help characterize the environmental effects of the PMN substance. EPA also recommends that the guidance document on aquatic toxicity testing of difficult substance and mixtures (Organisation for Economic Co-operation and Development (OECD) Test Guideline 23) be consulted to facilitate solubility in the test media.

    CFR citation: 40 CFR 721.10815.

    PMN Numbers P-13-646, P-13-647, P-13-648, P-13-649, P-13-678, and P-13-679

    Chemical names: (P-13-646 and P-13-648) Fluoroalkyl acrylate copolymer modified with polysiloxanes (generic); (P-13-647, P-13-649, and P-13-679) Fluoroalkyl acrylate copolymer (generic); and (P-13-678) Fluoroalkyl methacrylate copolymer (generic).

    CAS numbers: Claimed confidential.

    Effective date of TSCA section 5(e) consent order: August 4, 2014.

    Basis for TSCA section 5(e) consent order: The PMNs state that the generic (non-confidential) use of the substances will be as a tile treatment (P-13-646 and P-13-648), a textile treatment (P-13-647 and P-13-649), a water and oil repellent for plastic and inorganic substrates (P-13-678), and a paper treatment (P-13-679). EPA has concerns for potential incineration or other decomposition products of the PMN substances. These perfluorinated decomposition products may be released to the environment from incomplete incineration of the PMN substances at low temperatures. EPA has preliminary evidence, including data on some fluorinated polymers, which suggests that, under some conditions, the PMN substances could degrade in the environment. EPA has concerns that these degradation products will persist in the environment, could bioaccumulate or biomagnify, and could be toxic (PBT) to people, wild mammals, and birds. These concerns are based on data on analogous chemical substances, including perfluorooctanoic acid (PFOA) and other perfluorinated alkyls, including the presumed environmental degradant. The order was issued under TSCA sections 5(e)(1)(A)(i), 5(e)(1)(A)(ii)(I), and 5(e)(1)(A)(ii)(II), based on a finding that these substances may present an unreasonable risk of injury to the environment and human health, the substances may be produced in substantial quantities and may reasonably be anticipated to enter the environment in substantial quantities, and there may be significant (or substantial) human exposure to the substances and their potential degradation products. To protect against these exposures and risks, the consent order requires:

    1. Risk notification. If as a result of the test data required, the company becomes aware that the PMN substances may present a risk of injury to human health or the environment, the company must incorporate this new information, and any information on methods for protecting against such risk into a Material Safety Data Sheet (MSDS), within 90 days.

    2. Submission of certain physical/chemical property and environmental fate testing prior to exceeding the confidential production volume limits of the PMN substances specified in the consent order.

    3. Recording and reporting of certain fluorinated impurities in the starting raw material; and manufacture of the PMN substances not to exceed the maximum established impurity levels of certain fluorinated impurities.

    The SNUR designates as a “significant new use” the absence of these protective measures.

    Recommended testing: EPA has determined that the results of certain toxicity, physical/chemical property and environmental fate testing identified in the TSCA 5(e) consent order would help characterize possible effects of the substances and their degradation products. The Order prohibits the Company from exceeding specified confidential production volumes unless the Company submits the information described in the Testing section of this Order in accordance with the conditions specified in the Testing section. Further, EPA has identified certain toxicity and environmental fate testing described in the Pended Testing section of the Preamble to the Order that would help characterize the PMN substances. The Order does not require submission of the pended testing at any specified time or production volume. However, the Order's restrictions on manufacture, processing, distribution in commerce, use, and disposal of the PMN substances will remain in effect until the Order is modified or revoked by EPA based on submission of that or other relevant information.

    CFR citations: 40 CFR 721.10816 (P-13-646 and P-13-648); 40 CFR 721.10817 (P-13-647, P-13-649, and P-13-679); and 40 CFR 721.10818 (P-13-678).

    PMN Number P-13-951

    Chemical name: Zinc carboxylate (generic).

    CAS number: Claimed confidential.

    Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a destructive use in the manufacture of coating materials and fuels. Based on SAR analysis of test data on analogous soluble zinc compounds, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 3 ppb of the PMN substance in surface waters. As described in the PMN, releases of the substance are not expected to result in surface water concentrations exceeding 3 ppb. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance that results in releases to surface waters exceeding 3 ppb may result in significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(ii).

    Recommended testing: EPA has determined that the results of a fish early-life stage toxicity test (OPPTS Test Guideline 850.1400); a daphnid chronic toxicity test (OPPTS Test Guideline 850.1300); and an algal toxicity test (OCSPP Test Guideline 850.4500) would help characterize the environmental effects of the PMN substance. EPA also recommends that the guidance document on aquatic toxicity testing of difficult substance and mixtures (OECD Test Guideline 23) be consulted to facilitate solubility in the test media.

    CFR citation: 40 CFR 721.10819.

    PMN Number P-14-364

    Chemical name: Phenol, styrenated, reaction products with polyethylene glycol and 2-[(2-propen-1-yloxy)methyl]oxirane.

    CAS number: 1539128-27-2.

    Basis for action: The PMN states that the substance will be used as a reactive emulsifier for manufacturing aqueous emulsion polymers or alkyd resins, a dispersant for pigments in aqueous or solvent-based coatings, and an intermediate for production of related anionic dispersants. Based on SAR analysis of test data on analogous nonionic surfactant compounds, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 170 ppb of the PMN substance in surface waters. As described in the PMN, releases of the substance are not expected to result in surface water concentrations exceeding 170 ppb. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance that results in releases to surface waters exceeding 170 ppb may result in significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(ii).

    Recommended testing: EPA has determined that the results of a fish acute toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075); an aquatic invertebrate acute toxicity test (OPPTS Test Guideline 850.1010); an algal toxicity test (OCSPP Test Guideline 850.4500); and a ready biodegradability test (OECD Test Guideline 301B) would help characterize the environmental effects of the PMN substance.

    CFR citation: 40 CFR 721.10820.

    PMN Number P-14-382

    Chemical name: Quaternary ammonium compounds, tri-C8-10-alkylmethyl, hydrogen sulfates (generic).

    CAS number: Claimed confidential.

    Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a cleaning component for fuels. Based on test data on the PMN substance, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 1 ppb of the PMN substance in surface waters. As described in the PMN, releases of the substance are not expected to result in surface water concentrations exceeding 1 ppb. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance that results in releases to surface waters exceeding 1 ppb may result in significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(i).

    Recommended testing: EPA has determined that the results of a fish early-life stage toxicity test (OPPTS Test Guideline 850.1400) and a daphnid chronic toxicity test (OPPTS Test Guideline 850.1300) would help characterize the environmental effects of the PMN substance.

    CFR citation: 40 CFR 721.10821.

    PMN Number P-14-395

    Chemical name: 1,2,3-Propanetriol, homopolymer, dodecanoate.

    CAS number: 74504-64-6.

    Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a detergent additive. Based on SAR analysis of test data on analogous nonionic surfactant compounds, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 18 ppb of the PMN substance in surface waters. As described in the PMN, releases of the substance are not expected to result in surface water concentrations exceeding 18 ppb. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance that results in releases to surface waters exceeding 18 ppb may result in significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(ii).

    Recommended testing: EPA has determined that the results of a fish acute toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075); an aquatic invertebrate acute toxicity test (OPPTS Test Guideline 850.1010); an algal toxicity test (OCSPP Test Guideline 850.4500); and a ready biodegradability test (OECD Test Guideline 301B) would help characterize the environmental effects of the PMN substance. EPA also recommends that the guidance document on aquatic toxicity testing of difficult substance and mixtures (OECD Test Guideline 23) be consulted to facilitate solubility in the test media.

    CFR citation: 40 CFR 721.10822.

    PMN Number P-14-564

    Chemical name: 2-Propenal, 3-[4-(1-methylethyl)phenyl]-.

    CAS number: 6975-24-2.

    Basis for action: The PMN states that the generic (non-confidential) use of the substance will be as a chemical intermediate for the synthesis of fragrance compounds. Based on SAR analysis of test data on analogous vinyl/allyl aldehydes, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 1 ppb of the PMN substance in surface waters. As described in the PMN, releases of the substance are not expected to result in surface water concentrations exceeding 1 ppb. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance that results in releases to surface waters exceeding 1 ppb may result in significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(ii).

    Recommended testing: EPA has determined that the results of a fish acute toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075); an aquatic invertebrate acute toxicity test (OPPTS Test Guideline 850.1010); and an algal toxicity test (OCSPP Test Guideline 850.4500) would help characterize the environmental effects of the PMN substance.

    CFR citation: 40 CFR 721.10823.

    PMN Number P-14-594

    Chemical name: Brominated filtration residue (generic).

    CAS number: Claimed confidential.

    Basis for action: The PMN states that the substance will be used as a feed for a bromine recovery unit. Based on the physical/chemical properties of the PMN substance and test data on structurally similar substances, the PMN substance is a potentially persistent, bioaccumulative, and toxic (PBT) chemical, as described in the New Chemical Program's PBT category (64 FR 60194; November 4, 1999)(FRL-6097-7). EPA estimates that the PMN substance will persist in the environment more than 2 months and estimates a bioaccumulation factor of greater than or equal to 1,000. There are also concerns for liver toxicity based on the brominated phenyl moiety. As described in the PMN notice, the PMN substance is not released to surface water. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance other than as described in the PMN and/or any use of the substance resulting in surface water releases may result in significant adverse health and environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170 (b)(3)(ii), (b)(4)(ii), and (b)(4)(iii).

    Recommended testing: EPA has determined that the results of a partition coefficient (n-octanol/water) test (OPPTS Test Guideline 830.7570/OECD Test Guideline 117); a ready biodegradability test (OPPTS Test Guideline 835.3110/OECD Test Guideline 301); a fish bioconcentration factor (BCF) test (OPPTS Test Guideline 850.1730/(OECD Test Guideline 305); and a water solubility test (OECD Test Guideline 111) would help characterize the health and environmental effects of the PMN substance. Depending on the results of these tests, additional testing as identified in the PBT category may be recommended.

    CFR citation: 40 CFR 721.10824.

    PMN Numbers P-14-616 and P-14-617

    Chemical names: Fatty acids reaction products with polyethylenepolyamine and naphthenic acids (generic).

    CAS numbers: Claimed confidential.

    Basis for action: The PMNs state that the generic (non-confidential) use of the substances will be in hydrocarbon processing applications. Based on SAR analysis of test data on analogous aliphatic amines, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 1 ppb of the PMN substances in surface waters for greater than 20 days per year. This 20-day criterion is derived from partial life cycle tests (daphnid chronic and fish early-life stage tests) that typically range from 21 to 28 days in duration. EPA predicts toxicity to aquatic organisms may occur if releases of the PMN substances to surface water, from uses other than as described in the PMNs, exceed releases from the uses described in the PMN. For the uses described in the PMN, environmental releases did not exceed 1 ppb for more than 20 days per year. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substances may present an unreasonable risk. EPA has determined, however, that any use of the substances other than as described in the PMNs could result in exposures which may cause significant adverse environmental effects. Based on this information, the PMN substances meet the concern criteria at § 721.170(b)(4)(ii).

    Recommended testing: EPA has determined that the results of a fish early life-stage toxicity test (OPPTS Test Guideline 850.1400); a daphnid chronic toxicity test (OPPTS Test Guidelines 850.1300); and an algal toxicity test (OCSPP Test Guideline 850.4500) would help to characterize the environmental effects of the PMN substances. EPA also recommends that the guidance document on aquatic toxicity testing of difficult substances and mixtures (OECD Test Guideline 23) be consulted to facilitate solubility in the test media. The Agency prefers that the testing be completed on P-14-616.

    CFR citation: 40 CFR 721.10825.

    PMN Number P-14-625

    Chemical name: Substituted aminoalkyl nitrile (generic).

    CAS number: Claimed confidential.

    Basis for action: The PMN states that the use of the substance will be as a chemical intermediate. Based on SAR analysis of test data on analogous aliphatic amines, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 18 ppb of the PMN substance in surface waters. As described in the PMN, releases of the substance are not expected to result in surface water concentrations exceeding 18 ppb. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance that results in releases to surface waters exceeding 18 ppb may result in significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(4)(ii).

    Recommended testing: EPA has determined that the results of a fish acute toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075); an aquatic invertebrate acute toxicity test (OPPTS Test Guideline 850.1010); an algal toxicity test (OCSPP Test Guideline 850.4500); and a ready biodegradability test (OECD Test Guideline 301B) would help characterize the environmental effects of the PMN substance.

    CFR citation: 40 CFR 721.10826.

    PMN Number P-14-640

    Chemical name: Cyclooctadiene metal derivatives (generic).

    CAS number: Claimed confidential.

    Basis for action: The PMN states that the substance will be used as a synthetic intermediate. Based on test data on the analogous metal compounds, the EPA identified human health concerns regarding acute handling hazard from exposure to metal compounds. As described in the PMN, exposure is expected to be minimal for this use. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance other than as a synthetic intermediate or in any non-enclosed processes may result in significant adverse human health effects. Based on this information, the PMN substance meets the concern criteria at § 721.170(b)(3)(ii).

    Recommended testing: EPA has determined that the results of a 90-day subchronic study (OPPTS Test Guideline 870.3100) in rats, by inhalation route, would help characterize the human health effects of the PMN substance.

    CFR citation: 40 CFR 721.10827.

    PMN Numbers P-14-792, P-14-793, and P-14-794

    Chemical names: (P-14-792, Chemical A; P-14-793; and P-14-794) 1,2,3-Propanetriol, homopolymer, alkanoates (generic) and (P-14-792, Chemical B) Glycerides, alkanoate, mono-, di- and tri- (generic).

    CAS numbers: Claimed confidential.

    Basis for action: The PMNs state that the generic (non-confidential) use of the substances will be as agricultural additives. Based on SAR analysis of test data on analogous non-ionic surfactants, EPA predicts chronic toxicity to aquatic organisms may occur at concentrations that exceed 53 ppb of the PMN substances in surface waters for greater than 20 days per year. This 20-day criterion is derived from partial life cycle tests (daphnid chronic and fish early life stage tests) that typically range from 21 to 28 days in duration. EPA predicts toxicity to aquatic organisms may occur if releases of the PMN substances to surface water, from uses other than as described in the PMNs, exceed releases from the use described in the PMNs. For the use described in the PMNs, environmental releases did not exceed 53 ppb for more than 20 days per year. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substances may present an unreasonable risk. EPA has determined, however, that any use of the substances other than as described in the PMNs could result in exposures which may cause significant adverse environmental effects. Based on this information, the PMN substances meet the concern criteria at § 721.170(b)(4)(ii).

    Recommended testing: EPA has determined that the results of a fish acute toxicity test, freshwater and marine (OPPTS Test Guideline 850.1075); an aquatic invertebrate acute toxicity test, freshwater daphnids (OPPTS Test Guidelines 850.1010); and an algal toxicity test (OCSPP Test Guideline 850.4500) would help to characterize the environmental effects of the PMN substances.

    CFR citations: 40 CFR 721.10828 (P-14-792, Chemical A; P-14-792, Chemical B; P-14-793; and P-14-794)

    PMN Number P-14-800

    Chemical name: Xanthylium, x-[2-(alcoxycarbonyl)phenyl]-bis(alkylamino)-dimethyl-, x′-[x″-[hydroxy-x′″-[[[[hydroxy-x″″-(phenyldiazenyl)-sulfo-2-naphthalenyl]amino]carbonyl]amino]sulfo-naphthalenyl]diazenyl]benzoate, sodium salt (generic).

    CAS number: Claimed confidential.

    Basis for action: The PMN states that the substance will be used in ink for ball point pens. Based on an analog of the PMN substance, EPA predicts toxicity to aquatic organisms may occur at concentrations that exceed 1 ppb of the PMN substance in surface waters. As described in the PMN, releases of the substance are not expected to result in surface water concentrations that exceed 1 ppb. Therefore, EPA has not determined that the proposed manufacturing, processing, or use of the substance may present an unreasonable risk. EPA has determined, however, that any use of the substance resulting in surface water concentrations exceeding 1 ppb may cause significant adverse environmental effects. Based on this information, the PMN substance meets the concern criteria at § 721.170 (b)(4)(i) and (b)(4)(ii).

    Recommended testing: EPA has determined that the results of a fish early-life stage toxicity test (OPPTS Test Guideline 850.1400) and a daphnid chronic toxicity test (OPPTS Test Guideline 850.1300) would help characterize the environmental effects of the PMN substance.

    CFR citation: 40 CFR 721.10829.

    V. Rationale and Objectives of the Rule A. Rationale

    During review of the PMNs submitted for the chemical substances that are subject to these SNURs, EPA concluded that for 9 of the 25 chemical substances, regulation was warranted under TSCA section 5(e), pending the development of information sufficient to make reasoned evaluations of the health or environmental effects of the chemical substances. The basis for such findings is outlined in Unit IV. Based on these findings, TSCA section 5(e) consent orders requiring the use of appropriate exposure controls were negotiated with the PMN submitters. The SNUR provisions for these chemical substances are consistent with the provisions of the TSCA section 5(e) consent orders. These SNURs are promulgated pursuant to §  721.160 (see Unit VI.).

    In the other 16 cases, where the uses are not regulated under a TSCA section 5(e) consent order, EPA determined that one or more of the criteria of concern established at §  721.170 were met, as discussed in Unit IV.

    B. Objectives

    EPA is issuing these SNURs for specific chemical substances which have undergone premanufacture review because the Agency wants to achieve the following objectives with regard to the significant new uses designated in this rule:

    • EPA will receive notice of any person's intent to manufacture or process a listed chemical substance for the described significant new use before that activity begins.

    • EPA will have an opportunity to review and evaluate data submitted in a SNUN before the notice submitter begins manufacturing or processing a listed chemical substance for the described significant new use.

    • EPA will be able to regulate prospective manufacturers or processors of a listed chemical substance before the described significant new use of that chemical substance occurs, provided that regulation is warranted pursuant to TSCA sections 5(e), 5(f), 6, or 7.

    • EPA will ensure that all manufacturers and processors of the same chemical substance that is subject to a TSCA section 5(e) consent order are subject to similar requirements.

    Issuance of a SNUR for a chemical substance does not signify that the chemical substance is listed on the TSCA Chemical Substance Inventory (TSCA Inventory). Guidance on how to determine if a chemical substance is on the TSCA Inventory is available on the Internet at http://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/index.html.

    VI. Direct Final Procedures

    EPA is issuing these SNURs as a direct final rule, as described in §  721.160(c)(3) and §  721.170(d)(4). In accordance with §  721.160(c)(3)(ii) and §  721.170(d)(4)(i)(B), the effective date of this rule is July 7, 2015 without further notice, unless EPA receives written adverse or critical comments, or notice of intent to submit adverse or critical comments before June 8, 2015.

    If EPA receives written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs before June 8, 2015, EPA will withdraw the relevant sections of this direct final rule before its effective date. EPA will then issue a proposed SNUR for the chemical substance(s) on which adverse or critical comments were received, providing a 30-day period for public comment.

    This rule establishes SNURs for a number of chemical substances. Any person who submits adverse or critical comments, or notice of intent to submit adverse or critical comments, must identify the chemical substance and the new use to which it applies. EPA will not withdraw a SNUR for a chemical substance not identified in the comment.

    VII. Applicability of the Significant New Use Designation

    To establish a significant new use, EPA must determine that the use is not ongoing. The chemical substances subject to this rule have undergone premanufacture review. In cases where EPA has not received a notice of commencement (NOC) and the chemical substance has not been added to the TSCA Inventory, no person may commence such activities without first submitting a PMN. Therefore, for chemical substances for which an NOC has not been submitted EPA concludes that the designated significant new uses are not ongoing.

    When chemical substances identified in this rule are added to the TSCA Inventory, EPA recognizes that, before the rule is effective, other persons might engage in a use that has been identified as a significant new use. However, TSCA section 5(e) consent orders have been issued for 9 of the 25 chemical substances, and the PMN submitters are prohibited by the TSCA section 5(e) consent orders from undertaking activities which would be designated as significant new uses. The identities of 21 of the 25 chemical substances subject to this rule have been claimed as confidential and EPA has received no post-PMN bona fide submissions (per §§ 720.25 and 721.11). Based on this, the Agency believes that it is highly unlikely that any of the significant new uses described in the regulatory text of this rule are ongoing.

    Therefore, EPA designates May 8, 2015 as the cutoff date for determining whether the new use is ongoing. Persons who begin commercial manufacture or processing of the chemical substances for a significant new use identified as of that date would have to cease any such activity upon the effective date of the final rule. To resume their activities, these persons would have to first comply with all applicable SNUR notification requirements and wait until the notice review period, including any extensions, expires. If such a person met the conditions of advance compliance under § 721.45(h), the person would be considered exempt from the requirements of the SNUR. Consult the Federal Register document of April 24, 1990 for a more detailed discussion of the cutoff date for ongoing uses.

    VIII. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require developing any particular test data before submission of a SNUN. The two exceptions are:

    1. Development of test data is required where the chemical substance subject to the SNUR is also subject to a test rule under TSCA section 4 (see TSCA section 5(b)(1)).

    2. Development of test data may be necessary where the chemical substance has been listed under TSCA section 5(b)(4) (see TSCA section 5(b)(2)).

    In the absence of a TSCA section 4 test rule or a TSCA section 5(b)(4) listing covering the chemical substance, persons are required only to submit test data in their possession or control and to describe any other data known to or reasonably ascertainable by them (see 40 CFR 720.50). However, upon review of PMNs and SNUNs, the Agency has the authority to require appropriate testing. In cases where EPA issued a TSCA section 5(e) consent order that requires or recommends certain testing, Unit IV. lists those tests. Unit IV. also lists recommended testing for TSCA non-section 5(e) SNURs. Descriptions of tests are provided for informational purposes. EPA strongly encourages persons, before performing any testing, to consult with the Agency pertaining to protocol selection. To access the OCSPP test guidelines referenced in this document electronically, please go to http://www.epa.gov/ocspp and select “Test Methods and Guidelines.” The Organisation for Economic Co-operation and Development (OECD) test guidelines are available from the OECD Bookshop at http://www.oecdbookshop.org or SourceOECD at http://www.sourceoecd.org.

    In the TSCA section 5(e) consent orders for several of the chemical substances regulated under this rule, EPA has established production volume limits in view of the lack of data on the potential health and environmental risks that may be posed by the significant new uses or increased exposure to the chemical substances. These limits cannot be exceeded unless the PMN submitter first submits the results of toxicity tests that would permit a reasoned evaluation of the potential risks posed by these chemical substances. Under recent TSCA section 5(e) consent orders, each PMN submitter is required to submit each study before reaching the specified production limit. Listings of the tests specified in the TSCA section 5(e) consent orders are included in Unit IV. The SNURs contain the same production volume limits as the TSCA section 5(e) consent orders. Exceeding these production limits is defined as a significant new use. Persons who intend to exceed the production limit must notify the Agency by submitting a SNUN at least 90 days in advance of commencement of non-exempt commercial manufacture or processing.

    The recommended tests specified in Unit IV. may not be the only means of addressing the potential risks of the chemical substance. However, submitting a SNUN without any test data may increase the likelihood that EPA will take action under TSCA section 5(e), particularly if satisfactory test results have not been obtained from a prior PMN or SNUN submitter. EPA recommends that potential SNUN submitters contact EPA early enough so that they will be able to conduct the appropriate tests.

    SNUN submitters should be aware that EPA will be better able to evaluate SNUNs which provide detailed information on the following:

    • Human exposure and environmental release that may result from the significant new use of the chemical substances.

    • Potential benefits of the chemical substances.

    • Information on risks posed by the chemical substances compared to risks posed by potential substitutes.

    IX. Procedural Determinations

    By this rule, EPA is establishing certain significant new uses which have been claimed as CBI subject to Agency confidentiality regulations at 40 CFR part 2 and 40 CFR part 720, subpart E. Absent a final determination or other disposition of the confidentiality claim under 40 CFR part 2 procedures, EPA is required to keep this information confidential. EPA promulgated a procedure to deal with the situation where a specific significant new use is CBI, at 40 CFR 721.1725(b)(1).

    Under these procedures a manufacturer or processor may request EPA to determine whether a proposed use would be a significant new use under the rule. The manufacturer or processor must show that it has a bona fide intent to manufacture or process the chemical substance and must identify the specific use for which it intends to manufacture or process the chemical substance. If EPA concludes that the person has shown a bona fide intent to manufacture or process the chemical substance, EPA will tell the person whether the use identified in the bona fide submission would be a significant new use under the rule. Since most of the chemical identities of the chemical substances subject to these SNURs are also CBI, manufacturers and processors can combine the bona fide submission under the procedure in §  721.1725(b)(1) with that under §  721.11 into a single step.

    If EPA determines that the use identified in the bona fide submission would not be a significant new use, i.e., the use does not meet the criteria specified in the rule for a significant new use, that person can manufacture or process the chemical substance so long as the significant new use trigger is not met. In the case of a production volume trigger, this means that the aggregate annual production volume does not exceed that identified in the bona fide submission to EPA. Because of confidentiality concerns, EPA does not typically disclose the actual production volume that constitutes the use trigger. Thus, if the person later intends to exceed that volume, a new bona fide submission would be necessary to determine whether that higher volume would be a significant new use.

    X. SNUN Submissions

    According to §  721.1(c), persons submitting a SNUN must comply with the same notification requirements and EPA regulatory procedures as persons submitting a PMN, including submission of test data on health and environmental effects as described in 40 CFR 720.50. SNUNs must be submitted on EPA Form No. 7710-25, generated using e-PMN software, and submitted to the Agency in accordance with the procedures set forth in 40 CFR 720.40 and § 721.25. E-PMN software is available electronically at http://www.epa.gov/opptintr/newchems.

    XI. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN requirements for potential manufacturers and processors of the chemical substances subject to this rule. EPA's complete economic analysis is available in the docket under docket ID number EPA-HQ-OPPT-2014-0908.

    XII. Statutory and Executive Order Reviews A. Executive Order 12866

    This action establishes SNURs for several new chemical substances that were the subject of PMNs, or TSCA section 5(e) consent orders. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled Regulatory Planning and Review” (58 FR 51735, October 4, 1993).

    B. Paperwork Reduction Act (PRA)

    According to PRA (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 that requires OMB approval under PRA, unless it has been approved by OMB and displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9, and included on the related collection instrument or form, if applicable. EPA is amending the table in 40 CFR part 9 to list the OMB approval number for the information collection requirements contained in this action. This listing of the OMB control numbers and their subsequent codification in the CFR satisfies the display requirements of PRA and OMB's implementing regulations at 5 CFR part 1320. This Information Collection Request (ICR) was previously subject to public notice and comment prior to OMB approval, and given the technical nature of the table, EPA finds that further notice and comment to amend it is unnecessary. As a result, EPA finds that there is “good cause” under section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C. 553(b)(3)(B)) to amend this table without further notice and comment.

    The information collection requirements related to this action have already been approved by OMB pursuant to PRA under OMB control number 2070-0012 (EPA ICR No. 574). This action does not impose any burden requiring additional OMB approval. If an entity were to submit a SNUN to the Agency, the annual burden is estimated to average between 30 and 170 hours per response. This burden estimate includes the time needed to review instructions, search existing data sources, gather and maintain the data needed, and complete, review, and submit the required SNUN.

    Send any comments about the accuracy of the burden estimate, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques, to the Director, Collection Strategies Division, Office of Environmental Information (2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001. Please remember to include the OMB control number in any correspondence, but do not submit any completed forms to this address.

    C. Regulatory Flexibility Act (RFA)

    On February 18, 2012, EPA certified pursuant to RFA section 605(b) (5 U.S.C. 601 et seq.), that promulgation of a SNUR does not have a significant economic impact on a substantial number of small entities where the following are true:

    1. A significant number of SNUNs would not be submitted by small entities in response to the SNUR.

    2. The SNUR submitted by any small entity would not cost significantly more than $8,300.

    A copy of that certification is available in the docket for this action.

    This action is within the scope of the February 18, 2012 certification. Based on the Economic Analysis discussed in Unit XI. and EPA's experience promulgating SNURs (discussed in the certification), EPA believes that the following are true:

    • A significant number of SNUNs would not be submitted by small entities in response to the SNUR.

    • Submission of the SNUN would not cost any small entity significantly more than $8,300.

    Therefore, the promulgation of the SNUR would not have a significant economic impact on a substantial number of small entities.

    D. Unfunded Mandates Reform Act (UMRA)

    Based on EPA's experience with proposing and finalizing SNURs, State, local, and Tribal governments have not been impacted by these rulemakings, and EPA does not have any reasons to believe that any State, local, or Tribal government will be impacted by this action. As such, EPA has determined that this action does not impose any enforceable duty, contain any unfunded mandate, or otherwise have any effect on small governments subject to the requirements of UMRA sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.).

    E. Executive Order 13132

    This action will not have a substantial direct effect on 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, entitled “Federalism” (64 FR 43255, August 10, 1999).

    F. Executive Order 13175

    This action does not have Tribal implications because it is not expected to have substantial direct effects on Indian Tribes. This action does not significantly nor uniquely affect the communities of Indian Tribal governments, nor does it involve or impose any requirements that affect Indian Tribes. Accordingly, the requirements of Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000), do not apply to this action.

    G. Executive Order 13045

    This action is not subject to Executive Order 13045, entitled “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because this is not an economically significant regulatory action as defined by Executive Order 12866, and this action does not address environmental health or safety risks disproportionately affecting children.

    H. Executive Order 13211

    This action is not subject to Executive Order 13211, entitled “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001), because this action is not expected to affect energy supply, distribution, or use and because this action is not a significant regulatory action under Executive Order 12866.

    I. National Technology Transfer and Advancement Act (NTTAA)

    In addition, since this action does not involve any technical standards, NTTAA section 12(d) (15 U.S.C. 272 note), does not apply to this action.

    J. Executive Order 12898

    This action does not entail special considerations of environmental justice related issues as delineated by Executive Order 12898, entitled “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” (59 FR 7629, February 16, 1994).

    XIII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    List of Subjects 40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

    40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements.

    Dated: May 1, 2015. Maria J. Doa, Director, Chemical Control Division, Office of Pollution Prevention and Toxics.

    Therefore, 40 CFR parts 9 and 721 are amended as follows:

    PART 9—[AMENDED] 1. The authority citation for part 9 continues to read as follows: Authority:

    7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048.

    2. In §  9.1, add the following sections in numerical order under the undesignated center heading “Significant New Uses of Chemical Substances” to read as follows:
    §  9.1 OMB approvals under the Paperwork Reduction Act. 40 CFR citation OMB control No. *    *    *    *    * Significant New Uses of Chemical Substances *    *    *    *    * 721.10812 2070-0012 721.10813 2070-0012 721.10814 2070-0012 721.10815 2070-0012 721.10816 2070-0012 721.10817 2070-0012 721.10818 2070-0012 721.10819 2070-0012 721.10820 2070-0012 721.10821 2070-0012 721.10822 2070-0012 721.10823 2070-0012 721.10824 2070-0012 721.10825 2070-0012 721.10826 2070-0012 721.10827 2070-0012 721.10828 2070-0012 721.10829 2070-0012 *    *    *    *    *
    PART 721—[AMENDED] 3. The authority citation for part 721 continues to read as follows: Authority:

    15 U.S.C. 2604, 2607, and 2625(c).

    4. Add § 721.10812 to subpart E to read as follows:
    § 721.10812 Alkylbenzene sulfonic acid (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as alkylbenzene sulfonic acid (PMN P-12-115) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. The requirements of this section do not apply to quantities of the PMN substance that have partitioned into oil or petroleum streams following use as an interfacial tension reducer for enhanced oil recovery applications.

    (2) The significant new uses are:

    (i) Hazard communication program. Requirements as specified in § 721.72(a) through (f), (g)(3), (g)(4)(ii), and (g)(5).

    (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80. A significant new use is any manufacturing, processing, or use of the PMN substance other than as a chemical intermediate to prepare an interfacial tension reducer for enhanced oil recovery.

    (iii) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (where N=4).

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), (f), (g), (h), (i), and (k) are applicable to manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    5. Add § 721.10813 to subpart E to read as follows:
    § 721.10813 Benzenesulfonic acid, dimethyl-, alkyl derivatives, sodium salt (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as benzenesulfonic acid, dimethyl-, alkyl derivatives, sodium salt (PMNs P-12-116 and P-13-568) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. The requirements of this section do not apply to quantities of the PMN substance that have partitioned into oil or petroleum streams when used in enhanced oil recovery applications.

    (2) The significant new uses are:

    (i) Hazard communication program. Requirements as specified in § 721.72(a) through (f), (g)(1) (corrosion to the eyes, mucous membranes, skin, and lungs), (g)(2)(i), (g)(2)(ii), (g)(2)(iii), (g)(2)(v), (g)(3), (g)(4)(ii), and (g)(5).

    (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(k) (manufacturing, processing, or use of the PMN substance other than as an interfacial tension reducer for enhanced oil recovery or the confidential use as stated in the consent order for P-13-568) and § 721.80(q) (production volume limit as stated in the consent order for P-13-568).

    (iii) Release to water. Requirements as specified in § 721.90 (a)(4), (b)(4), and (c)(4) (where N=4).

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), (f), (g), (h), (i), and (k) are applicable to manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    (3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(ii) of this section.

    6. Add §  721.10814 to subpart E to read as follows:
    §  721.10814 2-Propenoic acid, 3-phenyl-, zinc salt (2:1), (2E)-.

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as 2-propenoic acid, 3-phenyl-, zinc salt (2:1), (2E)- (PMN P-12-397; CAS No. 18957-59-0) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Industrial commercial, and consumer activities. Requirements as specified in § 721.80. A significant new use is any use of the PMN substance other than as a reinforcing additive in polyolefins.

    (ii) [Reserved]

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), and (i) are applicable to manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    7. Add §  721.10815 to subpart E to read as follows:
    §  721.10815 Fatty acids, satd. and unsatd alkyl-, esters with polyol (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as fatty acids, satd. and unsatd alkyl-, esters with polyol (PMN P-13-139) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Industrial commercial, and consumer activities. Requirements as specified in § 721.80. A significant new use is any use of the PMN substance other than as an ingredient in a multipurpose additive in gasoline to reduce friction in engines.

    (ii) [Reserved]

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), and (i) are applicable to manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    8. Add § 721.10816 to subpart E to read as follows:
    § 721.10816 Fluoroalkyl acrylate copolymer modified with polysiloxanes (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substances identified generically as fluoroalkyl acrylate copolymer modified with polysiloxanes (PMNs P-13-646 and P-13-648) are subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Hazard communication program. A significant new use of the substances is any manner or method of manufacture or processing associated with any use of the substances without providing risk notification as follows:

    (A) If as a result of the test data required under the TSCA section 5(e) consent order for the substances, the employer becomes aware that the substances may present a risk of injury to human health or the environment, the employer must incorporate this new information, and any information on methods for protecting against such risk, into a MSDS as described in § 721.72(c) within 90 days from the time the employer becomes aware of the new information. If the substance(s) are not being manufactured, processed, or used in the employer's workplace, the employer must add the new information to a MSDS before the substance(s) are reintroduced into the workplace.

    (B) The employer must ensure that persons who will receive the PMN substance(s) from the employer, or who have received the PMN substance(s) from the employer within 5 years from the date the employer becomes aware of the new information described in paragraph (a)(2)(i)(A) of this section, are provided an MSDS containing the information required under paragraph (a)(2)(i)(A) of this section within 90 days from the time the employer becomes aware of the new information.

    (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(k) (a significant new use is any use other than as allowed by the section 5(e) consent order, which includes analysis and reporting and limitations of maximum impurity levels of certain fluorinated impurities), and § 721.80(q).

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), (f), and (i) are applicable to manufacturers and processors of these substances.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    (3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(ii) of this section.

    9. Add § 721.10817 to subpart E to read as follows:
    § 721.10817 Fluoroalkyl acrylate copolymer (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substances identified generically as fluoroalkyl acrylate copolymer (PMNs P-13-647, P-13-649, and P-13-679) are subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Hazard communication program. A significant new use of the substances is any manner or method of manufacture or processing associated with any use of the substances without providing risk notification as follows:

    (A) If as a result of the test data required under the TSCA section 5(e) consent order for the substances, the employer becomes aware that the substances may present a risk of injury to human health or the environment, the employer must incorporate this new information, and any information on methods for protecting against such risk, into a MSDS as described in § 721.72(c) within 90 days from the time the employer becomes aware of the new information. If the substance(s) are not being manufactured, processed, or used in the employer's workplace, the employer must add the new information to a MSDS before the substance(s) are reintroduced into the workplace.

    (B) The employer must ensure that persons who will receive the PMN substance(s) from the employer, or who have received the PMN substance(s) from the employer within 5 years from the date the employer becomes aware of the new information described in paragraph (a)(2)(i)(A) of this section, are provided an MSDS containing the information required under paragraph (a)(2)(i)(A) of this section within 90 days from the time the employer becomes aware of the new information.

    (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(k) (a significant new use is any use other than as allowed by the section 5(e) consent order, which includes analysis and reporting and limitations of maximum impurity levels of certain fluorinated impurities), and § 721.80(q).

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), (f), and (i) are applicable to manufacturers and processors of these substances.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    (3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(ii) of this section.

    10. Add § 721.10818 to subpart E to read as follows:
    § 721.10818 Fluoroalkyl methacrylate copolymer (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as fluoroalkyl methacrylate copolymer (PMN P-13-678) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Hazard communication program. A significant new use of the substance is any manner or method of manufacture or processing associated with any use of the substance without providing risk notification as follows:

    (A) If as a result of the test data required under the TSCA section 5(e) consent order for the substance, the employer becomes aware that the substance may present a risk of injury to human health or the environment, the employer must incorporate this new information, and any information on methods for protecting against such risk, into a MSDS as described in § 721.72(c) within 90 days from the time the employer becomes aware of the new information. If the substance is not being manufactured, processed, or used in the employer's workplace, the employer must add the new information to a MSDS before the substance is reintroduced into the workplace.

    (B) The employer must ensure that persons who will receive the PMN substance from the employer, or who have received the PMN substance from the employer within 5 years from the date the employer becomes aware of the new information described in paragraph (a)(2)(i)(A) of this section, are provided an MSDS containing the information required under paragraph (a)(2)(i)(A) of this section within 90 days from the time the employer becomes aware of the new information.

    (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(k) (a significant new use is any use other than as allowed by the section 5(e) consent order, which includes analysis and reporting and limitations of maximum impurity levels of certain fluorinated impurities), and § 721.80(q).

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), (f), and (i) are applicable to manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    (3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(ii) of this section.

    11. Add §  721.10819 to subpart E to read as follows:
    §  721.10819 Zinc carboxylate (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as zinc carboxylate (PMN P-13-951) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Release to water. Requirements as specified in § 721.90 (a)(4), (b)(4), and (c)(4) (N=3).

    (ii) [Reserved]

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), and (k) are applicable to manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    12. Add §  721.10820 to subpart E to read as follows:
    §  721.10820 Phenol, styrenated, reaction products with polyethylene glycol and 2-[(2-propen-1-yloxy)methyl]oxirane.

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as phenol, styrenated, reaction products with polyethylene glycol and 2-[(2-propen-1-yloxy)methyl]oxirane (PMN P-14-364; CAS No. 1539128-27-2) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (N=170).

    (ii) [Reserved]

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), and (k) are applicable to manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    13. Add §  721.10821 to subpart E to read as follows:
    §  721.10821 Quaternary ammonium compounds, tri-C8-10-alkylmethyl, hydrogen sulfates (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as quaternary ammonium compounds, tri-C8-10-alkylmethyl, hydrogen sulfates (PMN P-14-382) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (N=1).

    (ii) [Reserved]

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), and (k) are applicable to manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    14. Add §  721.10822 to subpart E to read as follows:
    §  721.10822 1,2,3-Propanetriol, homopolymer, dodecanoate.

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as 1,2,3-propanetriol, homopolymer, dodecanoate (PMN P-14-395; CAS Number 74504-64-6) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (N=18).

    (ii) [Reserved]

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), and (k) are applicable to manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    15. Add §  721.10823 to subpart E to read as follows:
    §  721.10823 2-Propenal, 3-[4-(1-methylethyl)phenyl]-.

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as 2-propenal, 3-[4-(1-methylethyl)phenyl]- (PMN P-14-564; CAS No. 6975-24-2) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (N=1).

    (ii) [Reserved]

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), and (k) are applicable to manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    16. Add §  721.10824 to subpart E to read as follows:
    §  721.10824 Brominated filtration residue (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as brominated filtration residue (PMN P-14-594) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80. A significant new use is any use of the PMN substance other than as a feed for bromine recovery unit.

    (ii) Release to water. Requirements as specified in § 721.90(a)(1), (b)(1), and (c)(1).

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), (i), and (k) are applicable to manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    17. Add §  721.10825 to subpart E to read as follows:
    §  721.10825 Fatty acids reaction products with polyethylenepolyamine and naphthenic acids (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substances identified generically as fatty acids reaction products with polyethylenepolyamine and naphthenic acids (PMNs P-14-616 and P-14-617) are subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(j).

    (ii) [Reserved]

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), and (i) are applicable to manufacturers and processors of these substances.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    (3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(i) of this section.

    18. Add §  721.10826 to subpart E to read as follows:
    §  721.10826 Substituted aminoalkyl nitrile (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as substituted aminoalkyl nitrile (PMN P-14-625) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (N=18).

    (ii) [Reserved]

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), and (k) are applicable to manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    19. Add §  721.10827 to subpart E to read as follows:
    §  721.10827 Cyclooctadiene metal derivatives (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as cyclooctadiene metal derivatives (PMN P-14-640) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80. A significant new use is any use in non-enclosed processes or any use other than as a synthetic intermediate.

    (ii) [Reserved]

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), and (i) are applicable to manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    20. Add §  721.10828 to subpart E to read as follows:
    §  721.10828 1,2,3-Propanetriol, homopolymer, alkanoates (generic) and Glycerides, alkanoate, mono-, di- and tri- (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substances identified generically as 1,2,3-propanetriol, homopolymer, alkanoates (PMNs P-14-792, Chemical A; P-14-793; and P-14-794) and generically as glycerides, alkanoate, mono-, di- and tri- (PMN P-14-792, Chemical B) are subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(j).

    (ii) [Reserved]

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), and (i) are applicable to manufacturers and processors of these substances.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    (3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(i) of this section.

    21. Add §  721.10829 to subpart E to read as follows:
    §  721.10829 Xanthylium, x-[2-(alcoxycarbonyl)phenyl]-bis(alkylamino)-dimethyl-, x′-[x″ -[hydroxy-x″′-[[[[hydroxy-x′′′′-(phenyldiazenyl)-sulfo-2-naphthalenyl]amino]carbonyl]amino]sulfo-naphthalenyl]diazenyl]benzoate, sodium salt (generic).

    (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified generically as xanthylium, x-[2-(alcoxycarbonyl)phenyl]-bis(alkylamino)-dimethyl-, x′-[x″ -[hydroxy-x″′-[[[[hydroxy-x′′′′-(phenyldiazenyl)-sulfo-2-naphthalenyl]amino]carbonyl]amino]sulfo-naphthalenyl]diazenyl]benzoate, sodium salt (PMN P-14-800) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section.

    (2) The significant new uses are:

    (i) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (N=1).

    (ii) [Reserved]

    (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), and (k) are applicable to manufacturers and processors of this substance.

    (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section.

    [FR Doc. 2015-11166 Filed 5-7-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2014-0910; FRL-9927-35-Region-3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Infrastructure Requirements for the 2010 Nitrogen Dioxide and 2012 Fine Particulate Matter National Ambient Air Quality Standards AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving portions of two State Implementation Plan (SIP) revisions submitted by the Commonwealth of Pennsylvania through the Pennsylvania Department of Environmental Protection (PADEP) pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements, including, but not limited to regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. PADEP made two separate SIP submittals addressing the infrastructure requirements for the 2010 nitrogen dioxide (NO2) NAAQS and the 2012 fine particular matter (PM2.5) NAAQS. In this rulemaking action, EPA is approving, in accordance with the requirements of the CAA, the two infrastructure SIP submissions with the exception of some portions of the submittals addressing visibility protection.

    DATES:

    This final rule is effective on June 8, 2015.

    ADDRESSES:

    EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2014-0910. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittals are available at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

    FOR FURTHER INFORMATION CONTACT:

    Rose Quinto, (215) 814-2182, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Summary of SIP Revision

    On February 6, 2015 (80 FR 6672), EPA published a notice of proposed rulemaking (NPR) for the Commonwealth of Pennsylvania proposing approval of Pennsylvania's SIP submittals to satisfy several requirements of section 110(a)(2) of the CAA for the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS.1 In the NPR, EPA proposed approval of Pennsylvania's July 15, 2014 infrastructure SIP submittals for the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS for the following infrastructure elements in section 110(a)(2): (A), (B), (C), (D)(i)(II) (prevention of significant deterioration (PSD)), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). Pennsylvania's July 15, 2014 SIP submittals for the 2010 NO2 NAAQS and the 2012 PM2.5 NAAQS did not include any provisions addressing section 110(a)(2)(D)(i)(I) (interstate transport) or 110(a)(2)(I) (nonattainment plan requirements). Thus, EPA's NPR did not propose to approve the infrastructure SIP submittals for the 2010 NO2 NAAQS or 2012 PM2.5 NAAQS for the requirements in section 110(a)(2)(D)(i)(I) or 110(a)(2)(I). Section 110(a)(2)(I) pertains to the nonattainment planning requirements of part D, Title I of the CAA, and therefore Pennsylvania was not required to submit anything for this element by the 3-year submission deadline of section 110(a)(1) for either the 2010 NO2 NAAQS or 2012 PM2.5 NAAQS. The requirements of section 110(a)(2)(I) for these NAAQS will be addressed in a separate SIP process where appropriate. Section 110(a)(2)(D)(i)(I) pertains to interstate transport of emissions. EPA will take separate action for Pennsylvania concerning this element for the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS. Finally, Pennsylvania's July 15, 2014 infrastructure SIP submittals for the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS did include provisions addressing the visibility protection element in section 110(a)(2)(D)(i)(II) of the CAA; however, EPA's NPR did not propose to approve any of Pennsylvania's SIP submittals for the requirements in section 110(a)(2)(D)(i)(II) for visibility protection. EPA's NPR stated we would take separate action on the visibility protection element of section 110(a)(2)(D)(i)(II) submitted as part of the July 15, 2014 SIP submittals. Thus, this rulemaking does not take any final action on the July 15, 2014 infrastructure SIP submittals for section 110(a)(2)(D)(i)(II) (visibility protection) for the 2010 NO2 NAAQS or the 2012 PM2.5 NAAQS.

    1 EPA's February 6, 2015 NPR also proposed approval of two other Pennsylvania SIP submittals dated July 15, 2014 which addressed certain requirements of section 110(a)(2) of the CAA for the 2008 ozone NAAQS and the 2010 sulfur dioxide (SO2) NAAQS. In this rulemaking action, EPA is not taking final action on the Pennsylvania SIP submittals for the 2008 ozone NAAQS or 2010 SO2 NAAQS. EPA will take final rulemaking action on those SIP submittals in a separate action.

    In the NPR, EPA also proposed approval of Pennsylvania's July 15, 2014 SIP submittals for certain requirements of CAA section 110(a)(2) for the 2008 ozone and 2010 sulfur dioxide (SO2) NAAQS. EPA will take separate final action on the proposed approval of Pennsylvania's infrastructure SIP submittals for the 2008 ozone and 2010 SO2 NAAQS.

    The rationale supporting EPA's approval of Pennsylvania's July 15, 2014 infrastructure SIP submittals for the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS, which address certain requirements of CAA section 110(a)(2), was explained in the NPR and the technical support document (TSD) accompanying the NPR and will not be restated here.2 The TSD is available online at www.regulations.gov, Docket ID Number EPA-R03-OAR-2014-0910. EPA received no adverse comments on our proposed approval of Pennsylvania's infrastructure SIP submittals which address certain requirements in section 110(a)(2) for the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS as explained above.

    2 The NPR also explained the scope of infrastructure SIPs in general and EPA's authority to act on specific elements of CAA section 110(a)(2) for a particular NAAQS in separate rulemaking actions.

    II. Final Action

    EPA is approving as a revision to the Pennsylvania SIP, Pennsylvania's July 15, 2014 infrastructure SIP submittals which provide the basic program elements specified in section 110(a)(2)(A), (B), (C), (D)(i)(II)(PSD), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) of the CAA, necessary to implement, maintain, and enforce the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS. This rulemaking action does not include any rulemaking action on Pennsylvania's infrastructure SIP submittals for requirements in CAA section 110(a)(2)(D)(i)(I) (interstate transport) or (D)(i)(II) (visibility protection). EPA will address these requirements in section 110(a)(2)(D)(i)(I) and (D)(i)(II) (visibility protection) in separate actions. EPA will take final action on Pennsylvania's SIP submittals addressing infrastructure elements of CAA section 110(a)(2) for the 2008 ozone NAAQS and 2010 SO2 NAAQS in a separate action. This rulemaking does not address requirements for section 110(a)(2)(I) for the 2010 NO2 NAAQS or 2012 PM2.5 NAAQS as those requirements are due on a separate schedule and will be addressed in separate actions where necessary.

    III. Statutory and Executive Order Reviews A. General Requirements

    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).

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

    B. Submission to Congress and the Comptroller General

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

    C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 7, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action.

    This action pertaining to Pennsylvania's section 110(a)(2) infrastructure elements for the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Sulfur dioxide, Reporting and recordkeeping requirements.

    Dated: April 21, 2015. William C. Early, Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

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

    42 U.S.C. 7401 et seq.

    Subpart NN—Pennsylvania 2. In § 52.2020, the table in paragraph (e)(1) is amended by adding two entries for Section 110(a)(2) Infrastructure Requirements for the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS at the end of the table to read as follows:
    § 52.2020 Identification of plan.

    (e) * * *

    (1) * * *

    Name of non-regulatory SIP revision Applicable
  • geographic area
  • State submittal date EPA approval date Additional explanation
    *         *         *         *         *         *         * Section 110(a)(2) Infrastructure Requirements for the 2010 NO2 NAAQS Statewide 7/15/14 5/8/15 [Insert Federal Register citation] This rulemaking action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant deterioration), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). Section 110(a)(2) Infrastructure Requirements for the 2012 PM2.5 NAAQS Statewide 7/15/14 5/8/15 [Insert Federal Register citation] This rulemaking action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant deterioration), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
    [FR Doc. 2015-11033 Filed 5-7-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 80 [EPA-HQ-OAR-2011-0135; FRL-9927-17-OAR] RIN 2060-AS36 Partial Withdrawal of Technical Amendments Related to: Tier 3 Motor Vehicle Fuel and Quality Assurance Plan Provisions AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Partial withdrawal of direct final rule.

    SUMMARY:

    Because EPA received adverse comment on certain elements of the Tier 3 Amendments direct final rule published on February 19, 2015, we are withdrawing those elements of the direct final rule. EPA intends to consider the comments received and proceed with a new final rule for the withdrawn elements. The remaining elements will go into effect pursuant to the direct final rule.

    DATES:

    Effective May 5, 2015, EPA withdraws the amendments to 40 CFR 80.1453, 80.1616, and 80.1621 published at 80 FR 9078 on February 19, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Julia MacAllister, Office of Transportation and Air Quality, Assessment and Standards Division, 2000 Traverwood Drive, Ann Arbor, Michigan 48105; telephone number: 734-214-4131; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    We stated in the Tier 3 Technical Amendments direct final rule published on February 19, 2015 (80 FR 9078) that if we received adverse comment by April 6, 2015, as to any part of the direct final rule, those parts would be withdrawn by publishing a timely notice in the Federal Register. Because EPA received adverse comment, we are withdrawing the amendments that were the subject of these adverse comments and they will not take effect. Three specific provisions are being withdrawn, as described below.

    First, 40 CFR 80.1453: In the Renewable Fuel Standard (RFS) Quality Assurance Program (QAP) Rule (79 FR 42078, July 18, 2014), EPA added additional product transfer document (PTD) requirements for renewable fuels that informed parties that took ownership of the renewable fuel that they would need to (a) use the fuel as it was intended, i.e., for transportation use; and, (b) incur a renewable volume obligation (RVO) if the fuel was exported. Shortly after publication of the QAP final rule, we received questions on whether these PTD requirements would apply downstream to the end users, including residential heating oil owners and people filling up their fuel tanks at fuel retail stations. EPA provides downstream end user exemptions to the PTD requirements in other fuels programs, and the direct final rule included similar exemptions for RFS PTD requirements. The words “or custody” were inadvertently added to the RFS PTD requirements and we received several comments pointing out that applying the PTD requirements to the transfer of custody of renewable fuels would be costly to industry and not beneficial to the RFS program. In this action we are withdrawing all of the changes to 40 CFR 80.1453.

    Second, 40 CFR 80.1616: The direct final rule included some clarifying language for when credits expire and are reported. We received a comment advocating for small refiners and small volume refineries to be allowed to use credits past January 1, 2020—to effectively receive a small refiner- and small volume refinery-specific period of lead time before these parties must comply with the Tier 3 sulfur standards. Although it is not clear whether this comment is germane to the provisions of the direct final rule, in light of the short time frame for withdrawal of the direct final rule, we have decided to treat this as an adverse comment on the amended rulemaking provisions and we therefore are withdrawing the proposed changes to 40 CFR 80.1616.

    Third, 40 CFR 80.1621: Following publication of the Tier 3 Final Rule (79 FR 23414, April 28, 2014) we were contacted by some refiners to clarify if/when small volume refineries could be disqualified, because there was language inadvertently deleted from the regulatory text as part of the Tier 3 final rule. In re-inserting this text in the direct final rule, we clarified that small volume refinery disqualification was akin to small refiner disqualification. We received adverse comment raising the issue that the new wording is confusing because it does not explicitly state exactly when and under which circumstances that disqualification could occur, and also that the term “small refinery” was used instead of the correct term “small volume refinery”. In this action we are withdrawing all changes to 40 CFR 80.1621.

    EPA published a parallel proposed rule on the same day as the direct final rule. The proposed rule invited comment on the substance of the direct final rule. EPA intends to consider the comments received and proceed with a new final rule. As stated in the parallel proposal, EPA does not plan to institute a second comment period for the proposed action with respect to the provisions that are withdrawn by this notice.

    The amendments for which we did not receive adverse comment are not being withdrawn and will become effective on May 5, 2015, as provided in the February 19, 2015 direct final rule.

    Accordingly, the amendments to 40 CFR 80.1453, 80.1616 and 80.1621 on February 19, 2015 (80 FR 9078), are withdrawn as of May 5, 2015.

    List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedure, Air pollution control, Confidential business information, Diesel fuel, Fuel additives, Gasoline, Imports, Incorporation by reference, Labeling, Motor vehicle pollution, Penalties, Petroleum, Reporting and recordkeeping requirements.

    Dated: April 30, 2015. Gina McCarthy, Administrator.
    [FR Doc. 2015-10487 Filed 5-6-15; 4:15 pm] BILLING CODE 6560-50-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Public Health Service 42 CFR Part 86 Grants for Education Programs in Occupational Safety and Health CFR Correction In Title 42 of the Code of Federal Regulations, Parts 1 to 399, revised as of October 1, 2014, on page 668, in § 86.33, in paragraph (b), remove the term “068”. [FR Doc. 2015-11141 Filed 5-7-15; 8:45 am] BILLING CODE 1505-01-D DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 121 RIN 0906-AB05 Organ Procurement and Transplantation: Implementation of the HIV Organ Policy Equity Act AGENCY:

    Health Resources and Services Administration (HRSA), Department of Health and Human Services (HHS).

    ACTION:

    Final rule.

    SUMMARY:

    This final rule amends the regulations implementing the National Organ Transplant Act of 1984, as amended, (NOTA) pursuant to statutory requirements of the HIV Organ Policy Equity Act (HOPE Act), enacted in 2013. In accordance with the mandates of the HOPE Act, this regulation removes the current regulatory provision that requires the Organ Procurement Transplantation Network (OPTN) to adopt and use standards for preventing the acquisition of organs from individuals known to be infected with human immunodeficiency virus (HIV).

    In its place, this regulation includes new requirements that organs from individuals infected with HIV may be transplanted only into individuals who are infected with HIV before receiving such organs and who are participating in clinical research approved by an institutional review board, as provided by regulation. The only exception to this requirement of participation in such clinical research is if the Secretary publishes a determination in the future that participation in such clinical research, as a requirement for transplants of organs from individuals infected with HIV, is no longer warranted.

    In addition, this regulatory change establishes that OPTN standards must ensure that any HIV-infected transplant recipients are participating in clinical research in accordance with the research criteria to be published by the Secretary. Alternately, if and when the Secretary determines that participation in such clinical research should no longer be a requirement for transplants with organs from donors infected with HIV to individuals infected with HIV, the regulation mandates that the OPTN adopt and use standards of quality, as directed by the Secretary, consistent with the law and in a way that ensures the changes will not reduce the safety of organ transplantation.

    DATES:

    This final rule is effective June 8, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Robert W. Walsh, Director, Division of Transplantation, Healthcare Systems Bureau, Health Resources and Services Administration, 5600 Fishers Lane, Room 8W37, Rockville, MD 20857; or by telephone (301) 443-7577.

    SUPPLEMENTARY INFORMATION:

    I. Background

    The U.S. Department of Health and Human Services (HHS), Health Resources and Services Administration's (HRSA), Healthcare Systems Bureau (HSB), Division of Transplantation (DoT) is responsible for overseeing the operation of the nation's Organ Procurement and Transplantation Network (OPTN), which has responsibilities including the equitable allocation of donor organs for transplantation. The allocation of organs is guided by organ allocation policies developed by the OPTN in accordance with the regulations governing the operation of the OPTN (sometimes referred to as the “OPTN final rule” and herein referred to as “OPTN regulations”) (42 CFR part 121). The OPTN is also charged with developing policies on many subjects, including standards of quality pertaining to organs procured for use in transplantation. In addition to the efficient and effective allocation of donor organs through the OPTN, the Secretary also supports efforts to increase the supply of donor organs made available through transplantation.

    II. Summary of the HOPE Act

    Prior to the enactment of the HOPE Act, Public Law 113-51 (November 21, 2013), NOTA required the OPTN to adopt and use standards of quality for preventing the acquisition of organs from individuals known to be infected with HIV. This requirement was further incorporated into regulation at 42 CFR 121.6(b). Thus, OPTN members were prohibited from transplanting organs from individuals known to be infected with HIV into patients (including patients infected with HIV).

    The HOPE Act made an important change with respect to the transplantation of organs from individuals infected with HIV. Pursuant to the HOPE Act, organs from individuals infected with HIV may be transplanted so long as two sets of requirements are satisfied. First, organs from individuals infected with HIV may be transplanted only into individuals who were infected with HIV prior to receiving such an organ.

    Second, transplants from individuals infected with HIV are subject to one of two oversight frameworks. Specifically, under the initial framework envisioned by the HOPE Act, all recipients of organs from individuals infected with HIV must be participating in clinical research approved by an institutional review board under research criteria to be published by the Secretary as described in the HOPE Act and the standards of quality implemented by the OPTN pursuant to the HOPE Act. Based on this change, all transplant centers conducting such clinical research will be required to comply with research criteria published by the Secretary under subsection (a) of section 377E of the Public Health Service Act, as amended. Alternately, if the Secretary determines that participation in such clinical research is no longer warranted as a requirement for transplants of organs from individuals infected with HIV, the Secretary will publish such a determination. The Secretary must then, consistent with the HOPE Act, direct the OPTN to revise its standards, consistent with applicable law, in a way to ensure that the changes will not reduce the safety of organ transplantation. Such a direction may only occur, if at all, after the Secretary reviews the results of scientific research in conjunction with the OPTN to determine whether the results warrant revision of the standards of quality with respect to specific issues identified in the HOPE Act.

    As noted above, the HOPE Act directs the Secretary to develop and publish criteria for the conduct of research relating to transplantation of organs from donors infected with HIV into individuals who are infected with HIV before receiving an HIV-infected organ. These research criteria will be published in a separate document and public comments will be solicited on such research criteria.

    The HOPE Act also requires the OPTN to revise standards of quality for the acquisition and transportation of donated HIV-infected organs to the extent determined necessary by the Secretary to allow the conduct of research in accordance with the research criteria published by the Secretary (unless and until such time that the Secretary publishes a determination that participation in such clinical research is no longer warranted for transplants involving organs from donors infected with HIV).

    Consistent with these directives, the HOPE Act directs the Secretary to revise current regulations (specifically, 42 CFR 121.6) that direct the OPTN to adopt and use standards for preventing the acquisition of organs from individuals infected with HIV, which effectively prevent the conduct of research relating to the transplantation of organs procured from individuals infected with HIV into recipients infected with HIV. The HOPE Act mandates that such regulatory revisions are to be made not later than two years after the date of enactment of the HOPE Act. That two year period will end on November 21, 2015. The Department is issuing this final rule under that statutory directive.

    III. Summary of This Final Rule

    The Department issues this final rule to fulfill the HOPE Act's mandate that the Secretary amend 42 CFR part 121 to permit the conduct of research involving the transplantation of organs from individuals infected with HIV into persons who are infected with HIV. This final rule removes the current regulatory prohibition against such transplants and makes clear that HIV-infected transplants may occur provided all of the HOPE Act's requirements are satisfied.

    Although the HOPE Act also provides the Secretary with discretion to determine what criteria should apply to the conduct of such research, the Secretary is not promulgating such research criteria as part of this regulation. As noted above, the Secretary will publish such research criteria in a separate publication. The purpose of this regulation is to modify the regulations governing the operation of the OPTN to make such regulations consistent with the framework set forth in the HOPE Act.

    Once this regulation is effective, the OPTN regulations will provide that organs from individuals infected with HIV may be transplanted only into individuals who are infected with HIV before receiving such organ(s). Thus, the OPTN final rule will not permit the transplantation of organs from individuals infected with HIV into individuals who are not infected with HIV. In addition, organs from individuals infected with HIV may only be transplanted into recipients who are participating in clinical research approved by an institutional review board, as defined in 45 CFR part 46, under the forthcoming research criteria to be published by the Secretary until such time that the Secretary publishes a determination that participation in such clinical research, as a requirement for transplants of organs from individuals infected with HIV, is no longer warranted. If the Secretary publishes such a determination, that transplants of organs from individuals infected with HIV can occur outside of the Secretary's research criteria, she will do so using appropriate procedures (e.g., notice and comment rulemaking under the Administrative Procedure Act unless inapplicable or unless an exception applies). At that time, and as outlined in 42 CFR 121.6(b)(3), as added by this final rule, the OPTN must adopt and use standards of quality with respect to organs infected with HIV as directed by the Secretary, consistent with the applicable statutory authority (42 U.S.C. 274), and in a way that ensures the changes will not reduce the net safety of organ transplantation. The Secretary may also determine that further changes to the OPTN regulations are warranted if and when she determines that transplants of organs from individuals infected with HIV need not be conducted in accordance with the research criteria developed under the HOPE Act. The Secretary may amend the OPTN regulations and transplant centers conducting transplants with organs from donors infected with HIV into recipients with HIV will be obliged to comply with any new regulatory provisions.

    IV. Explanation of Final Rule Without Notice and Comment

    In accordance with the provisions of the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), agencies are permitted to waive the use of notice and comment procedures in issuing regulations when such agencies, for good cause, find that notice and public comment procedures are impracticable, unnecessary, or contrary to the public interest and when agencies incorporate their findings and a brief explanation of their rationale in such regulations. The amendment to 42 CFR 121.6 made by this regulation is required by the HOPE Act. 42 U.S.C. 274f-5(b)(2). Because the changes made by this rule directly implement changes to the governing statute made by the HOPE Act, and because the Secretary is not undertaking discretionary rulemaking concerning the OPTN (but is instead directly following mandated changes in the law), the Secretary has determined, under 5 U.S.C. 553, that it is unnecessary and impracticable to follow proposed rulemaking procedures in this instance.

    Thus, the Secretary is waiving the public notice and comment procedures in the interest of implementing the changes set forth in the HOPE Act, to enable persons infected with HIV to receive organs from individuals infected with HIV as long as all of the requirements set forth in the HOPE Act are satisfied and to enable the OPTN to revise its standards of quality, consistent with the HOPE Act.

    V. Economic and Regulatory Impact

    Executive Order 12866 requires that all regulations reflect consideration of alternatives, costs, benefits, incentives, equity, and available information. Regulations require special analysis if they are found to be “significant” because of their cost, adverse effects on the economy, inconsistency with other agency actions, budgetary impact, or the raising of novel legal or policy issues. In addition, the Regulatory Flexibility Act of 1980 (RFA) requires that agencies analyze regulatory proposals to determine whether they create a significant economic impact on a substantial number of small entities. If a rule has a significant economic effect on a substantial number of small entities, the Secretary must specifically consider the economic effect of a rule on small entities and analyze regulatory options. “Small entity” is defined in the RFA as “having the same meaning as the terms `small business,' `small organization,' and `small governmental jurisdiction.' ”

    The Secretary has determined that minimal resources are required to implement the requirements in this rule because the initial phase of implementation, after the Secretary develops research criteria, will be the conduct of research involving transplants of organs from HIV-infected donors into HIV-infected recipients. As such, the change in standards of quality will initially only impact Organ Procurement Organizations and transplant hospitals choosing to enroll patients in research protocols. In addition, the number of HIV-infected transplants, and the number of institutions performing HIV-infected transplants, will be small. Cost and burden estimates refer to the research phase of implementation only. Should the Secretary determine, after reviewing the results of scientific research, that the standards of quality referenced above should be modified for the entire transplant system, the Secretary will, in accordance with the HOPE Act, direct the OPTN to revise such standards, consistent with applicable law and in a way that ensures the changes will not reduce the safety of organ transplantation. At that time, the Secretary may revise the Department's impact analysis. Therefore, in accordance with the RFA and the Small Business Regulatory Flexibility Act of 1996, which amended the RFA, the Secretary certifies that this rule will not have a significant impact on a substantial number of small entities.

    The Secretary also has determined that this rule does not meet the criteria for an economically significant rule as defined by Executive Order 12866 and will have no major effect on the economy or Federal expenditures. The Department has determined that this rule is not a major rule within the meaning of the statute providing for Congressional Review of Agency Rulemaking, 5 U.S.C. 801. Similarly, it will not have effects on State, local, and tribal governments or on the private sector such as to require consultation under the Unfunded Mandates Reform Act of 1995. This rule is not being treated as a “significant regulatory action” under section 3(f) of Executive Order 12866. Accordingly, the rule has not been reviewed by the Office of Management and Budget.

    The provisions of this rule will not affect the following elements of family well-being: Family safety, family stability, marital commitment; parental rights in the education, nurture, and supervision of their children; family functioning, disposable income, or poverty; or the behavior and personal responsibility of youth, as determined under section 654(c) of the Treasury and General Government Appropriations Act of 1999. As stated above, this rule modifies the regulations governing the OPTN based on legal authority.

    VI. Impact of the New Rule

    This rule has the effect of fulfilling the HOPE Act's statutory mandate requiring the Secretary to amend OPTN regulations to permit the conduct of research involving the transplantation of organs from individuals infected with HIV into persons who are infected with HIV. This final rule removes the current regulatory prohibition against HIV-infected transplants and makes clear that HIV-infected transplants may occur so long as all of the requirements described in the HOPE Act are satisfied. OPTN members will be required to comply with requirements set forth in the OPTN final rule, including those pertaining to data submission as set forth in 42 CFR part 121, as applied to organs recovered from HIV-infected individuals.

    VII. Paperwork Reduction Act of 1995

    The Department has determined that at this time, the amendment described in this rule imposes minimal additional data collection requirements beyond those already imposed by current regulations, which have been approved by the Office of Management and Budget. The current data collection requirements in the OPTN final rule approved by the OMB under the Paperwork Reduction Act of 1995 and assigned control numbers OMB No. 0915-0157 (for organ donors, candidates, and recipients) and OMB No. 0915-0184 (for OPTN membership application data) will be only slightly impacted by this rule. Current OPTN forms already include information about HIV testing and a donor's HIV status. HRSA anticipates that OPTN candidate registration forms will be updated in the future to include a question regarding the candidate's participation in research studies conducted under the authority of the Act. In addition, certain OMB-approved forms will be updated in the future to include results of HIV blood tests using Nucleic Acid Test (NAT) methodology. However, the inclusion of this information is not based upon the regulatory changes made by the HOPE Act, but is instead responsive to revised Public Health Service guidelines published in 2013. The burden for this data collection is anticipated to be small given the projected number of research participants (<1% of annual transplants at the outset). Finally, it is possible that the OPTN will conduct additional data collections to implement the changes in law created by the Act. For example, when the Secretary publishes research criteria under the Act, it is possible that such criteria will make recommendations concerning data that would be helpful for the Secretary to review in assessing research on transplants involving organs from individuals infected with HIV. In that event, the Department may choose to incorporate some of those data elements into OPTN forms and data collection. Alternately, the OPTN may determine independently that it wishes to capture additional data with respect to OPTN members participating in research under the HOPE Act. This rule reflects the Department's current assessment as to the likely data collections that will be imposed by virtue of this regulation. If, in the future, the Department or the OPTN determine that additional data should be collected in implementation of this regulation, the Department will notify the public of any proposed data collections and solicit comments consistent with the Paperwork Reduction Act.

    The estimated number of respondents included in the table below is based on the current number of OPTN transplant hospital members. The number of transplant hospital members will vary as new members are approved for OPTN membership, and/or members relinquish their OPTN membership when a member ceases activity related to organ transplantation. As such, while the total burden hours may change slightly from the estimate below, the table below is an accurate representation of the current estimated annual reporting burden.

    The estimated annual reporting burden is as follows:

    Form Number of
  • respondents
  • Responses per
  • respondent
  • Total
  • responses
  • Hours per
  • response
  • Total
  • burden
  • hours
  • (cost)
  • Heart Candidate Registration 133 1 133 0.08 11 ($286) Lung Candidate Registration 68 1 68 0.08 5 ($130) Heart/Lung Candidate Registration 67 1 67 0.08 5 ($130) Kidney Candidate Registration 236 1 236 0.08 19 ($494) Pancreas Candidate Registration 137 1 137 0.08 11 ($286) Kidney/Pancreas Candidate Registration 137 1 137 0.08 11 ($286) Pancreas Islet Candidate Registration 20 1 20 0.08 2 ($52) Liver Candidate Registration 139 1 139 0.08 11 ($286) Intestine Candidate Registration 41 1 41 0.08 3 ($78) Total 978 9 978 0.72 78 ($2,028)
    List of Subjects in 42 CFR Part 121

    Health care, Hospitals, Organ transplantation, Reporting and recordkeeping requirements.

    Dated: April 21, 2015. James Macrae, Acting Administrator, Health Resources and Services Administration. Approved: May 1, 2015. Sylvia M. Burwell, Secretary.

    Therefore, for the reasons stated in the preamble, the Department of Health and Human Services amends 42 CFR part 121 as follows:

    PART 121—ORGAN PROCUREMENT AND TRANSPLANTATION NETWORK 1. The authority citation for part 121 is revised to read as follows: Authority:

    Sections 215, 371-76, and 377E of the Public Health Service Act (42 U.S.C. 216, 273-274d, 274f-5); sections 1102, 1106, 1138 and 1871 of the Social Security Act (42 U.S.C. 1302, 1306, 1320b-8, and 1395hh); and section 301 of the National Organ Transplant Act, as amended (42 U.S.C. 274e).

    2. In § 121.6, revise paragraph (b) to read as follows:
    § 121.6 Organ procurement.

    (b) HIV. (1) Organs from individuals infected with human immunodeficiency virus (HIV) may be transplanted only into individuals who—

    (i) Are infected with HIV before receiving such organ(s); and

    (ii)(A) Are participating in clinical research approved by an institutional review board, as defined in 45 CFR part 46, under the research criteria published by the Secretary under subsection (a) of section 377E of the Public Health Service Act, as amended; or

    (B) The Secretary has published, through appropriate procedures, a determination under section 377E(c) of the Public Health Service Act, as amended, that participation in such clinical research, as a requirement for transplants of organs from individuals infected with HIV, is no longer warranted.

    (2) Except as provided in paragraph (b)(3) of this section, the OPTN shall adopt and use standards of quality with respect to organs from individuals infected with HIV to the extent the Secretary determines necessary to allow the conduct of research in accordance with the criteria described in paragraph (b)(1)(ii)(A) of this section.

    (3) If the Secretary has determined under paragraph (b)(1)(ii)(B) of this section that participation in clinical research is no longer warranted as a requirement for transplants of organs from individuals infected with HIV, the OPTN shall adopt and use standards of quality with respect to organs from individuals infected with HIV as directed by the Secretary, consistent with 42 U.S.C. 274, and in a way that ensures the changes will not reduce the safety of organ transplantation.

    [FR Doc. 2015-11048 Filed 5-7-15; 8:45 am] BILLING CODE 4165-15-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 10 [Docket No. FWS-HQ-BPHR-2014-0028; FXGO16600954000-134-FF09B30000] RIN 1018-BA52 Addresses of Headquarters Offices AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Final rule; technical amendment.

    SUMMARY:

    On July 29, 2014, the U.S. Fish and Wildlife Service (we) published a final rule to update the addresses of our headquarters offices in our regulations. We inadvertently omitted two necessary address changes. We make those changes in this document.

    DATES:

    Effective May 8, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Anissa Craghead, 703-358-2445.

    SUPPLEMENTARY INFORMATION:

    We relocated our headquarters offices from Arlington, Virginia, to Falls Church, Virginia, on July 28, 2014. To ensure regulated entities and the general public have accurate contact information for the Service's offices, on July 29, 2014, we published a final rule (79 FR 43961) to update our headquarters addresses throughout our regulations. We inadvertently omitted two necessary address changes in the regulations at 50 CFR 10.21. We make those changes in this document.

    List of Subjects in 50 CFR Part 10

    Exports, Fish, Imports, Law enforcement, Plants, Transportation, Wildlife.

    Regulation Promulgation

    Accordingly, we amend part 10 of subchapter A of chapter I, title 50 of the Code of Federal Regulations, as set forth below:

    PART 10—GENERAL PROVISIONS 1. The authority citation for part 10 continues to read as follows: Authority:

    16 U.S.C. 668a-d, 703-712, 742a-j-l, 1361-1384, 1401-1407, 1531-1543, 3371-3378; 18 U.S.C. 42; 19 U.S.C. 1202.

    2. Amend § 10.21 by revising paragraph (a) and the first sentence of paragraph (b) to read as follows:
    § 10.21 Director.

    (a) Mail forwarded to the Director for law enforcement purposes should be addressed to Chief, Office of Law Enforcement, at the address provided at 50 CFR 2.1(b).

    (b) Mail sent to the Director regarding permits for the Convention on International Trade in Endangered Species of Wild Fauna and Fauna (CITES), injurious wildlife, Wild Bird Conservation Act species, international movement of all ESA-listed endangered or threatened species, and scientific research on, exhibition of, or interstate commerce in nonnative ESA-listed endangered and threatened species should be addressed to: Director, U.S. Fish and Wildlife Service, (Attention: Division of Management Authority), at the address provided for the Division of Management Authority at 50 CFR 2.1(b). * * *

    Dated: May 4, 2015. Tina A. Campbell, Chief, Division of Policy, Performance, and Management Programs, U.S. Fish and Wildlife Service.
    [FR Doc. 2015-11084 Filed 5-7-15; 8:45 am] BILLING CODE 4310-55-P
    80 89 Friday, May 8, 2015 Proposed Rules DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1218 [Document Number AMS-FV-14-0089] Blueberry Promotion, Research and Information Order; Expanding the Membership of the U.S. Highbush Blueberry Council and Other Changes AGENCY:

    Agricultural Marketing Service, USDA.

    ACTION:

    Proposed rule.

    SUMMARY:

    This proposal invites comments on expanding the membership of the U.S. Highbush Blueberry Council (Council) under the Blueberry Promotion, Research and Information Order (Order). The Council administers the Order with oversight by the U.S. Department of Agriculture (USDA). This proposal would increase the number of Council members from 16 to 20, adding two producers, one importer, and one exporter. This would help ensure that the Council reflects the geographical distribution of domestic blueberry production and imports into the United States. This proposal would also add eligibility requirements for the public member, clarify the Council's nomination procedures and its ability to serve the diversity of the industry, and increase the number of members needed for a quorum. This proposal also invites comments on prescribing late payment and interest charges for past due assessments. These changes would help facilitate program administration. All of these actions were unanimously recommended by the Council.

    DATES:

    Comments must be received by July 7, 2015.

    ADDRESSES:

    Interested persons are invited to submit written comments concerning this proposal. Comments may be submitted on the Internet at: http://www.regulations.gov or to the Promotion and Economics Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-0244; facsimile: (202) 205-2800. All comments should reference the document number and the date and page number of this issue of the Federal Register and will be made available for public inspection, including name and address, if provided, in the above office during regular business hours or it can be viewed at http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Maureen T. Pello, Marketing Specialist, Promotion and Economics Division, Fruit and Vegetable Program, AMS, USDA, P.O. Box 831, Beavercreek, Oregon, 97004; telephone: (503) 632-8848; facsimile (202) 205-2800; or electronic mail: [email protected]

    SUPPLEMENTARY INFORMATION:

    This proposal is issued under the Order (7 CFR part 1218). The Order is authorized under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act) (7 U.S.C. 7411-7425).

    Executive Order 12866 and Executive Order 13563

    Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules and promoting flexibility. This action has been designated as a “non-significant regulatory action” under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget (OMB) has waived the review process.

    Executive Order 13175

    This action has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation would not have substantial and direct effects on Tribal governments and would not have significant Tribal implications.

    Executive Order 12988

    This proposal has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. Section 524 of the 1996 Act (7 U.S.C. 7423) provides that it shall not affect or preempt any other Federal or State law authorizing promotion or research relating to an agricultural commodity.

    Under section 519 of the 1996 Act (7 U.S.C. 7418), a person subject to an order may file a written petition with USDA stating that an order, any provision of an order, or any obligation imposed in connection with an order, is not established in accordance with the law, and request a modification of an order or an exemption from an order. Any petition filed challenging an order, any provision of an order, or any obligation imposed in connection with an order, shall be filed within two years after the effective date of an order, provision, or obligation subject to challenge in the petition. The petitioner will have the opportunity for a hearing on the petition. Thereafter, USDA will issue a ruling on the petition. The 1996 Act provides that the district court of the United States for any district in which the petitioner resides or conducts business shall have the jurisdiction to review a final ruling on the petition, if the petitioner files a complaint for that purpose not later than 20 days after the date of the entry of USDA's final ruling.

    Background

    This proposal invites comments on expanding the membership of the Council under the Order. The Council administers the Order with oversight by USDA. Under the program, assessments are collected from domestic producers and importers and used for research and promotion projects designed to increase the demand for highbush blueberries. This proposal would increase the number of Council members from 16 to 20, adding two producers, one importer, and one exporter. This would help ensure that the Council reflects the geographical distribution of domestic blueberry production and imports into the United States. This proposal would also add eligibility requirements for the public member, clarify the Council's nomination procedures and its ability to serve the diversity of the industry, and increase the number of members needed for a quorum. This proposal also invites comments on prescribing late payment and interest charges on past due assessments. These changes would help facilitate program administration. All of these actions were unanimously recommended by the Council at its meeting on October 3, 2014.

    Expanding the Council's Membership

    Section 1218.40(a) of the Order currently specifies that the Council be composed of no more than 16 members and alternates appointed by the Secretary of Agriculture (Secretary). Ten of the 16 members and alternates are producers. One producer member and alternate are from each of the following regions within the United States: Region #1 Western Region; Region #2 Midwest Region; Region #3 Northeast Region; and Region #4 Southern Region. One producer member and alternate are from each of the top six blueberry producing states, based upon the average of the total tons produced over the previous three years. Currently, these states include Michigan, Oregon, Washington, Georgia, New Jersey, and California. Average tonnage is based upon production and assessment figures generated by the Council.

    Of the remaining six Council members and alternates, three members and alternates are importers. One member and alternate must be an exporter, defined in section 1218.40 as a blueberry producer currently shipping blueberries into the United States from the largest foreign blueberry production area, based on a three-year average (currently Chile). One member and alternate must be a first handler, defined in section 1218.40 as a United States based independent or cooperative organization which is a producer/shipper of domestic blueberries. Finally, one member and alternate must represent the public.

    Section 1218.40(b) of the Order specifies that, at least once every five years, the Council will review the geographical distribution of the production of blueberries in the United States and the quantity of imports. The review is conducted through an audit of state crop production figures and Council assessment records. If warranted, the Council will recommend to the Secretary that its membership be altered to reflect changes in the geographical distribution of domestic blueberry production and the quantity of imports. If the level of imports increases, importer members and alternates may be added to the Council.

    Council Recommendation Adding Two State Producer Positions

    The Council met on October 3, 2014, and reviewed domestic production and assessment data for the pasts three years (2011-2013). This data for the top blueberry producing states is summarized in Table 1 below.

    Table 1—Production 1 and Assessment 2 Figures From 2011-2013 State 2011 Tons Assessments paid 2012 Tons Assessments paid 2013 Tons Assessments paid 3-year average Tons Assessments paid Michigan 36,000 $434,775 43,500 $528,782 57,500 $668,678 45,500 $544,075 Oregon 32,750 363,726 36,000 433,326 44,750 517,579 37,833 438,210 Washington 30,500 319,635 35,000 334,242 40,800 361,595 35,433 338,491 Georgia 32,500 343,694 38,500 347,666 34,000 359,681 35,000 350,347 New Jersey 31,000 321,123 27,000 285,502 25,080 288,578 27,693 298,401 California 21,050 286,696 20,450 301,212 25,700 366,494 22,400 318,134 North Carolina 18,500 189,061 20,250 198,090 21,200 190,904 19,983 192,685 Florida 11,700 131,538 9,050 88,246 10,750 124,576 10,500 114,787 Mississippi 5,250 27,096 4,500 28,610 3,650 17,566 4,467 24,424 Indiana 800 3,007 750 3,160 1,600 7,751 1,050 4,639

    As shown in Table 1, Michigan, Oregon, Washington, Georgia, New Jersey, California, North Carolina, and Florida, respectively, were the top eight highbush blueberry producing states based on the 3-year average of both production and assessments paid from 2011-2013. Mississippi and Indiana, respectively, were the ninth and tenth highest blueberry producing states from 2011-2013. Blueberry production in Florida, the smallest producer of the top eight producing states, was more than double that of Mississippi.

    1 Noncitrus Fruits and Nuts 2013 Summary, July 2014, USDA, National Agricultural Statistics Service, p. 34.

    2 Council assessment records 2011-2013.

    Since the Council's inception in 2001 and continuing until 2006, there were five state positions on the Council; producers from Michigan, Oregon, Georgia, New Jersey, and North Carolina held those five positions. In 2006, a sixth state position was added to the Council, with the State of Washington earning a seat (71 FR 44553; August 7, 2006). Production shifted in the coming years, and by 2014, California became the sixth top blueberry producing state and earned a position on the Council, with its 3-year average production surpassing that of North Carolina.

    After reviewing state production data, the Council recommended revising its membership so that one producer member and alternate from each of the top eight producing blueberry states have seats on the Council, based upon the average of the total tons produced over the previous 3 years. Thus, the number of state positions on the Council would be increased from six to eight. Based upon recent production figures, this would allow North Carolina and Florida to each have a state member and alternate seat on the Council. Section 1218.40(a)(2) would be revised accordingly.

    Adding One Importer and One Exporter Position

    The Council also reviewed import data and compared it to domestic data. Table 2 below shows the domestic (U.S.) production figures and quantity of imports from 2011-2013 as well as assessments paid for domestic and imported blueberries for those years. The table also shows the 3-year average of domestic production, imports and assessments paid for 2011-2013.

    Table 2—U.S.3 and Import 4 Quantities and Assessment 5 Data From 2011-2013 Year Domestic
  • (U.S.)
  • assessments
  • Import
  • assessments
  • U.S. Crop
  • (tons)
  • Imports
  • (tons)
  • 2011 $2,151,682 $1,525,936 221,600 124,549 2012 2,434,646 1,601,966 236,700 132,133 2013 2,577,953 1,795,164 265,600 151,005 3-Year Average 2,387,177 1,641,022 241,303 135,896 Percent of Total 59% 41% 64% 36%

    As shown in Table 2, the quantity of imported blueberries as well as assessments paid by importers has increased from 2011-2013. Based upon a 3-year average of total assessments paid under the program, domestic blueberries account for 59 percent of assessments paid and imports account for 41 percent of assessments paid. Additionally, based on a 3-year average of the total tonnage covered under the program, domestic production accounts for 64 percent of the tonnage and imports account for 36 percent of the tonnage.

    3 Noncitrus Fruits and Nuts, p. 9.

    4 U.S. Customs and Border Protection data 2011-2013.

    5 Council financial audit records 2011-2013.

    The Council also reviewed import data by country. Table 3 below shows the quantity of imports by country from 2011-2013 as well as the 3-year average.

    Table 3—Quantity of Blueberries From Foreign Production Areas 2011-2013 6 Foreign blueberry production areas shipping into the United States Quantity
  • (tons)
  • 2011 2012 2013 3-Year
  • average
  • Chile 76,889 69,754 84,673 77,105 Canada 30,374 70,767 48,149 49,763 Argentina 9,001 14,830 13,813 12,548

    As shown in Table 3, Chile and Canada, respectively, were the top two foreign production areas shipping blueberries into the United States from 2011-2013. Argentina has been the third top foreign production area shipping blueberries into the United States, although the quantity of Argentinian imports is much lower than the quantity of blueberries from Chile and Canada.

    6 Customs data 2011-2013.

    Regarding membership on the Council, representatives from Canada were the exporter member and alternate from the time of the Council's inception and continuing through 2009. Since 2010, representatives from Chile have been the exporter member and alternate on the Council.

    Upon reviewing import data, the Council recommended adding one importer member and one alternate to its membership. This would increase the number of importer positions from three to four. The Council also recommended adding one exporter member and one alternate to its membership to represent foreign producers currently shipping blueberries into the United States from the second largest foreign blueberry production area, based on a 3-year average. This would increase the number of exporter positions from one to two, allowing exporters from both Chile and Canada to be represented on the Council. Section 1218.40(a) of the Order is proposed to be amended accordingly.

    Thus, the number of Council members would increase from 16 to 20. Of the 20 members, 12 would be domestic producers, 4 would be importers, 2 would be exporters, and 1 each would be a handler and public member. Of the 18 Council members representing domestic producers, importers and exporters, 66.7 percent would represent the domestic industry and 33.3 percent of the Council would represent imports or foreign production. This would realign the Council's membership to better reflect the geographic distribution of domestic and imported blueberries.

    Other Changes Public Member Eligibility

    The Council reviewed other Order provisions regarding its membership and operations. The Council recommended revising paragraph (a)(6) of section 1218.40 to clarify eligibility requirements for the public member and alternate member positions. Specifically, the Council recommended that the public member and alternate not be a blueberry producer, handler, importer, exporter or have a financial interest in the production, sales, marketing or distribution of blueberries.

    Diversity

    The Council also recommended adding language to the Order to clarify its ability to serve the diversity of the industry. The Council recommended adding a new paragraph (c) to section 1218.40 to specify that, when the industry makes recommendations for nominees to serve on the Council, it should take into account the diversity of the population served and the knowledge, skills, and abilities of the members to serve a diverse population, size of the operations, methods of production and distribution, and other distinguishing factors to ensure that the recommendations of the Council take into account the diverse interest of persons responsible for paying assessments, and others in the marketing chain, if appropriate.

    Nominations and Appointments

    The Council recommended minor revisions to section 1218.41 of the Order regarding nominations and appointments. The procedures to nominate state and regional producers, as well as importers, exporters, first handlers, and public members would not change. The section would merely be revised to add clarity regarding the process for nominating members in states with and without a state blueberry commission or marketing order.

    The Council also recommended adding language to section 1218.41 to expand the number of nominees submitted to the Secretary for consideration. Paragraph (a) of section 1218.41 currently provides that, when a state has a blueberry commission or marketing order in place, the state commission or committee will nominate members to serve on the Council. At least two nominees must be recommended to the Secretary for each member and each alternate position. The Council recommended that other qualified persons who are interested in serving in the respective state positions but are not nominated by their State marketing order or commission be designated by the State organization and/or Council as additional nominees for consideration by the Secretary. Section 1218.41(a) would be revised accordingly.

    Likewise, paragraph (d) of section 1218.41 currently provides that nominations for the importer, exporter, first handler, and public member positions be made by the Council. Two nominees for each member and each alternate position are submitted to the Secretary for consideration. The Council recommended that other qualified persons who are interested in serving in these positions but are not recommended by the Council be designated by the Council as additional nominees for consideration by the Secretary. The current paragraph (d) in section 1218.41 would be modified accordingly and would become paragraph (c).

    The Council also recommended adding a new paragraph (d) to section 1218.41 to specify that producer, handler and importer nominees must be in compliance with the Order's provisions regarding the payment of assessments and filing of reports. This would help ensure that only persons in compliance with the Order's obligations serve on the Council. Further, this section would clarify that producer and importer nominees must produce or import, respectively, 2,000 pounds or more of highbush blueberries annually. This would bring the Order in line with how the program has been administered since its inception. Section 1218.41 is proposed to be revised accordingly.

    Council Procedures

    The Council recommended revisions to section 1218.45 regarding procedures. First, the Council recommended increasing the number of members needed for a quorum. Paragraph (a) of section 1218.45 currently specifies that nine members are needed for a quorum, which is a majority of the current 16-member Council. Increasing the number of Council members to 20 warrants increasing the number members needed for a quorum to 11, which would be a majority of the proposed 20-member Council.

    The Council also recommended adding flexibility to its procedures so that members participating in Council meetings may cast votes on issues either in person or by electronic or other means as deemed appropriate. Specifically, a new paragraph (f) would be added to section 1218.45 to specify that all votes at meetings of the Council and committees may be cast in person or by electronic voting or other means as the Council and Secretary deem appropriate to allow members participating by telephone or other electronic means to cast votes.

    Past Due Assessments

    The Order specifies that the funds to cover the Council's expenses shall be paid from assessments on producers and importers, donations from persons not subject to assessments and from other funds available to the Council. First handlers are responsible for collecting and submitting reports and producer assessments to the Council. Handlers must also maintain records necessary to verify their reports. Importers are responsible for paying assessments to the Council on highbush blueberries imported into the United States through the U.S. Customs and Border Protection (Customs). The Order also provides for two exemptions. Producers and importers who produce or import less than 2,000 pounds of blueberries annually, and producers and importers of 100 percent organic blueberries are exempt from the payment of assessments.

    Section 1218.52(e) of the Order specifies that all assessment payments and reports must be submitted to the office of the Council. Assessments on imported blueberries are collected by Customs prior to entry into the United States. Assessments on domestic blueberries for a crop year must be received by the Council no later than November 30 of that year. A late payment charge shall be imposed on any handler who fails to remit to the Council, the total amount for which any such handler is liable on or before the due date established by the Council. In addition to the late payment charge, an interest charge shall be imposed on the outstanding amount for which the handler is liable. The rate of interest must be prescribed in regulations issued by the Secretary.

    Assessment funds are used for research and promotion activities that are intended to benefit all industry members. Thus, it is important that all assessed entities pay their assessments in a timely manner. Entities who fail to pay their assessments on time may reap the benefits of Council programs at the expense of others. In addition, they may utilize funds for their own use that should otherwise be paid to the Council to finance Council programs.

    The Council recommended prescribing rates of late payment and interest charges for past due assessments in the Order's regulations. A late payment charge would be imposed upon handlers who fail to pay their assessments to the Council within 30 calendar days of the date when assessments are due. This one-time late payment charge would be 5 percent of the assessments due before interest charges have accrued.

    Additionally, interest at a rate of 1 percent per month on the outstanding balance, including any late payment and accrued interest, would be added to any accounts for which payment has not been received within 30 calendar days of the date when assessments are due. Interest would continue to accrue monthly until the outstanding balance is paid to the Council.

    This action is expected to help facilitate program administration by providing an incentive for entities to remit their assessments in a timely manner, with the intent of creating a fair and equitable process among all assessed entities. Accordingly, a new Subpart C would be added to the Order for provisions implementing the blueberry Order, and a new section 1218.520 would be added to Subpart C. Late payment charges and interest on past due assessments are not applicable for assessments on imported blueberries because the assessments are collected by Customs at the time of entry.

    Initial Regulatory Flexibility Act Analysis

    In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), AMS is required to examine the impact of the proposed rule on small entities. Accordingly, AMS has considered the economic impact of this action on such entities.

    The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. The Small Business Administration defines, in 13 CFR part 121, small agricultural producers as those having annual receipts of no more than $750,000 and small agricultural service firms (first handlers and importers) as those having annual receipts of no more than $7 million.

    There are approximately 2,000 domestic producers, 80 first handlers and 200 importers of highbush blueberries covered under the program. Dividing the highbush blueberry crop value for 2013, $715,958,000,7 by the number of producers (2,000) yields an average annual producer revenue estimate of $357,979. It is estimated that in 2013, about 60 percent of the first handlers shipped under $7 million worth of highbush blueberries. Based on 2013 Customs data, it is estimated that almost 90 percent of the importers shipped under $7 million worth of highbush blueberries. Based on the foregoing, the majority of producers, first handlers and importers may be classified as small entities. We do not have information concerning the number of exporters and their size. Comments providing any information or data concerning exporters are requested.

    7 Noncitrus Fruits and Nuts 2014 Summary, July 2014, USDA, National Agricultural Statistics Service (NASS), p. 10.

    Regarding value of the commodity, as mentioned above, based on 2013 NASS data, the value of the domestic highbush blueberry crop was about $716 million. According to Customs data, the value of 2013 imports was about $563 million.

    This proposal invites comments on amending sections 1218.40, 1218.41 and 1218.45 of the Order regarding Council membership, nominations, and procedures, respectively. The Council administers the Order with oversight by USDA. Under the program, assessments are collected from domestic producers and importers and used for research and promotion projects designed to increase the demand for highbush blueberries. This proposal would increase the number of Council members from 16 to 20, adding two producers, one importer, and one exporter. This would help ensure that the Council reflects the geographical distribution of domestic blueberry production and imports into the United States. Authority for this action is provided in section 1218.40(b) of the Order and section 515(b) of the 1996 Act.

    This proposal would also prescribe charges for past due assessments under the Order. A new section 1218.520 would be added to the Order specifying a one-time late payment charge of 5 percent of the assessments due and interest at a rate of 1 percent per month on the outstanding balance, including any late payment and accrued interest. This section would be included in a new Subpart C—Provisions for Implementing the Blueberry Promotion, Research and Information Order. Authority for this action is provided in section 1218.52(e) of the Order and section 517(e) of the 1996 Act.

    Regarding the economic impact of the proposed rule on affected entities, expanding the Council membership and other proposed changes to the Order's membership provisions impose no additional costs on industry members. Eligible producers, importers and exporters interested in serving on the Council would have to complete a background questionnaire. Those requirements are addressed later in this proposal in the section titled Reporting and Recordkeeping Requirements.

    Prescribing charges for past due assessments imposes no additional costs on handlers who pay their assessments on time. It merely provides an incentive for entities to remit their assessments in compliance with the Order. For all entities who are delinquent in paying assessments, both large and small, the charges would be applied the same. As for the impact on the industry as a whole, this action would help facilitate program administration by providing an incentive for entities to remit their assessments in a timely manner, with the intent of creating a fair and equitable process among all assessed entities.

    Additionally, as previously mentioned, the Order also provides for two exemptions. Producers and importers who produce or import less than 2,000 pounds of blueberries annually, and producers and importers of 100 percent organic blueberries are exempt from the payment of assessments. Of the 2,000 producers, it is estimated that 1,860 producers and 180 importers produce or import over the 2,000-pound threshold and pay assessments under the program.

    Regarding alternatives, the Council has been reviewing its membership and contemplating adding new members to reflect changes in the geographic distribution of blueberries for the past few years. As previously mentioned, in 2014, California became the sixth top blueberry producing state, which earned that state a member and alternate seat on the Council, while North Carolina lost its member and alternate seat. The Council formed a subcommittee that considered various options. One option was to eliminate the four regional producer positions and allocate nine seats to producers representing the nine top producing blueberry states and one seat to a producer representing all other producing states (producer at-large). Another option considered was to increase the number of state producer positions from six to seven so that North Carolina would have a seat. The Council also considered maintaining the status quo. Ultimately the Council recommended revising the Order so that the top eight producing blueberry states would be represented on the Council.

    The Council also considered adding two importers rather than one importer and one exporter to its membership. However, upon reviewing the import statistics, the Council concluded that it was important to have foreign producer representation from the top two countries shipping blueberries into the United States represented on the Council. Thus, the Council recommended adding one importer and one exporter member and alternates to the Council.

    Regarding requirements for late assessments, the Council considered not prescribing rates for late charges and interest. However, the Council concluded that the rates should be codified along with the applicable date when charges would be applied so that the Order is clear on what is required. Additionally, the 1996 Act requires that the rates be prescribed by the Secretary.

    Reporting and Recordkeeping Requirements

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection and recordkeeping requirements that are imposed by the Order have been approved previously under OMB control number 0581-0093. Eligible producers, importers, exporters, handlers, and public members interested in serving on the Council must complete a background questionnaire (Form AD-755) to verify their eligibility. This proposed rule would not result in a change to the information collection and recordkeeping requirements previously approved and would impose no additional reporting and recordkeeping burden on blueberry producers, importers, exporters, handlers or public members.

    As with all Federal promotion programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. Finally, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this proposed rule.

    AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities or citizen access to Government information and services, and for other purposes.

    Regarding outreach efforts, this action was discussed by the Council at meetings in October 2012 and in 2013 and at executive and subcommittee meetings held in 2014. The Council met in October 2014 and unanimously made its recommendation. All of the Council's meetings are open to the public and interested persons are invited to participate and express their views.

    We have performed this initial RFA analysis regarding the impact of the proposed rule on small entities and we invite comments concerning the potential effects of this action.

    While this proposed rule set forth below has not received the approval of USDA, it has been determined that it is consistent with and would effectuate the purposes of the 1996 Act.

    A 60-day comment period is provided to allow interested persons to respond to this proposal. All written comments received in response to this proposed rule by the date specified will be considered prior to finalizing this action.

    List of Subjects in 7 CFR Part 1218

    Administrative practice and procedure, Advertising, Blueberry promotion, Consumer information, Marketing agreements, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, 7 CFR part 1218 is proposed to be amended as follows:

    PART 1218—BLUEBERRY PROMOTION, RESEARCH, AND INFORMATION ORDER 1. The authority citation for 7 CFR part 1218 continues to read as follows: Authority:

    7 U.S.C. 7411-7425; 7 U.S.C. 7401.

    2. In § 1218.40, revise the introductory text in paragraph (a), revise paragraphs (a)(2), (a)(3), (a)(4), and (a)(6) and add a new paragraph (c) to read as follows:
    § 1218.40 Establishment and membership.

    (a) Establishment of the U.S. Highbush Blueberry Council. There is hereby established a U.S. Highbush Blueberry Council, hereinafter called the Council, composed of no more than 20 members and alternates, appointed by the Secretary from nominations as follows:

    (2) One producer member and alternate from each of the top eight blueberry producing states, based on the average of the total tons produced over the previous three years. Average tonnage will be based upon production and assessment figures generated by the Council.

    (3) Four importers and alternates.

    (4) Two exporters and alternates will be filled by foreign blueberry producers currently shipping blueberries into the United States from the two largest foreign blueberry production areas, respectively, based on a three-year average.

    (6) One public member and alternate. The public member and alternate public member may not be a blueberry producer, handler, importer, exporter, or have a financial interest in the production, sales, marketing or distribution of blueberries.

    (c) Council's ability to serve the diversity of the industry. When making recommendations for appointments, the industry should take into account the diversity of the population served and the knowledge, skills, and abilities of the members to serve a diverse population, size of the operations, methods of production and distribution, and other distinguishing factors to ensure that the recommendations of the Council take into account the diverse interest of persons responsible for paying assessments, and others in the marketing chain, if appropriate.

    3. Section 1218.41 is revised to read as follows:
    § 1218.41 Nominations and appointments.

    (a) State representatives. (1) When a state has a state blueberry commission or marketing order in place, the state commission or committee will nominate members to serve on the Council. At least two nominees shall be recommended to the Secretary for each member and each alternate position. Other eligible persons interested in serving in the respective state positions but not nominated by their State marketing order or commission will be designated by the State organization and/or Council as additional nominees for consideration by the Secretary.

    (2) Nomination and election of state representatives where no commission or order is in place will be handled by the Council staff. The Council staff will seek nominations for members and alternates from the specific states. Nominations will be returned to the Council office and placed on a ballot which will then be sent to producers in the state for a vote. The final nominee for member will have received the highest number of votes cast. The person with the second highest number of votes cast will be the final nominee for alternate. The persons with the third and fourth highest number of votes cast will be designated as additional nominees for consideration by the Secretary.

    (b) Regional representatives. Nomination and election of regional representatives will be handled by the Council staff. The Council staff will seek nominations for members and alternates from the specific regions. Nominations will be returned to the Council office and placed on a ballot which will then be sent to producers in the region for a vote. The final nominee for member will have received the highest number of votes cast. The person with the second highest number of votes cast will be the final nominee for alternate. The persons with the third and fourth highest number of votes cast will be designated by the Council as additional nominees for consideration by the Secretary.

    (c) Nominations for the importer, exporter, first handler, and public member positions will be made by the Council. Two nominees for each member and each alternate position will be recommended to the Secretary for consideration. Other qualified persons interested in serving in these positions but not recommended by the Council will be designated by the Council as additional nominees for consideration by the Secretary.

    (d) Producer, handler and importer nominees must be in compliance with the Order's provisions regarding payment of assessments and filing of reports. Further, producers and importers must produce or import, respectively, 2,000 pounds or more of highbush blueberries annually.

    (e) From the nominations, the Secretary shall select the members and alternate members of the Council.

    4. In § 1218.45, revise paragraph (a), redesignate paragraphs (f), (g), (h), and (i) as paragraphs (g), (h), (i) and (j), and add a new paragraph (f) to read as follows:
    § 1218.45 Procedure.

    (a) At a Council meeting, it will be considered a quorum when a minimum of 11 members, or their alternates serving in their absence, are present.

    (f) All votes at meetings of the Council and committees may be cast in person or by electronic voting or other means as the Council and Secretary deem appropriate to allow members participating by telephone or other electronic means to cast votes.

    5. Add Subpart C consisting of § 1218.520, to read as follows: Subpart C—Provisions for Implementing the Blueberry Promotion, Research and Information Order
    § 1218.520 Late payment and interest charges for past due assessments.

    (1) A late payment charge will be imposed on any handler who fails to make timely remittance to the Council of the total assessments for which they are liable. The late payment will be imposed on any assessments not received within 30 calendar days of the date when assessments are due. This one-time late payment charge will be 5 percent of the assessments due before interest charges have accrued.

    (2) In addition to the late payment charge, 1 percent per month interest on the outstanding balance, including any late payment and accrued interest, will be added to any accounts for which payment has not been received within 30 calendar days of the date when assessments are due. Interest will continue to accrue monthly until the outstanding balance is paid to the Council.

    Dated: April 30, 2015. Rex A. Barnes, Associate Administrator.
    [FR Doc. 2015-10449 Filed 5-7-15; 8:45 am] BILLING CODE 3410-02-P
    DEPARTMENT OF ENERGY 10 CFR Part 431 [Docket Number EERE-2015-BT-STD-0008] RIN 1904-AD52 Energy Conservation Program for Certain Industrial Equipment: Energy Conservation Standards for Dedicated-Purpose Pool Pumps; Request for Information AGENCY:

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

    ACTION:

    Request for information (RFI).

    SUMMARY:

    The U.S. Department of Energy (DOE) is requesting information to inform a potential rulemaking to consider new energy conservation standards for dedicated-purpose pool pumps. Pumps, which are already covered equipment under the Energy Policy and Conservation Act of 1975, as amended (EPCA), come in a variety of forms—including dedicated-purpose pool pumps. This RFI seeks to solicit information to help DOE determine the feasibility of developing energy conservation standards and an appropriate test procedure for this equipment. This RFI outlines the potential scope that could be involved in regulating dedicated-purpose pool pumps, possible industry-based testing methods that could be used to evaluate the efficiency of this equipment, and the types of information that would be needed in analyzing the potential for setting standards for this equipment. This RFI also solicits the public for information to help inform DOE's efforts in evaluating the prospect of regulating this equipment.

    DATES:

    Written comments and information are requested on or before June 22, 2015.

    ADDRESSES:

    Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at: http://www.regulations.gov. Follow the instructions for submitting comments. Alternatively, interested persons may submit comments, identified by Docket number EERE-2015-BT-STD-0008, by any of the following methods:

    (1) Email: to [email protected] Include EERE-2015-BT-STD-0008 in the subject line of the message. Submit electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file format, and avoid the use of special characters or any form of encryption.

    (2) Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE-2J, Revisions to Energy Efficiency Enforcement Regulations, EERE-2015-BT-STD-0008, 1000 Independence Avenue SW., Washington, DC 20585- 0121. Phone: (202) 586-2945. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies.

    (3) Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant Plaza SW., Washington, DC 20024. Phone: (202) 586-2945. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies.

    (4) Instructions: All submissions received must include the agency name and docket number or RIN for this rulemaking.

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

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information may be sent to Mr. John Cymbalsky, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-7935. Email: [email protected]

    Mr. Michael Kido, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-8145. Email: [email protected]

    For information on how to submit or review public comments, contact Ms. Brenda Edwards, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction A. Statutory Authority B. Background C. Regulatory Process II. Discussion A. Review of Existing Regulatory and Voluntary Programs 1. California Energy Commission 2. ENERGY STAR 3. Consortium for Energy Efficiency 4. Australia and New Zealand 5. European Union B. Scope 1. Definitions 2. Phase, Horsepower, and Application 3. Product Type 4. Sales Configuration C. Test Procedure and Rating Metrics D. Data Needs for Rulemaking Analyses 1. Market and Technology Assessment 2. Energy Use Analysis 3. Manufacturer Impact Analysis III. Public Participation I. Introduction A. Statutory Authority

    Title III, Part C 1 of the Energy Policy and Conservation Act of 1975 (“EPCA” or, in context, “the Act”), Public Law 94-163, (42 U.S.C. 6311-6317, as codified) established the Energy Conservation Program for Certain Industrial Equipment, a program covering certain industrial equipment.2 “Pumps” are listed as a type of covered industrial equipment. (42 U.S.C. 6311(1)(A)) Under EPCA, the energy conservation program consists essentially of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures.

    1 For editorial reasons, upon codification in the U.S. Code, Part C was re-designated Part A-1.

    2 All references to EPCA refer to the statute as amended through the American Energy Manufacturing Technical Corrections Act (AEMTCA), Public Law 112-210 (Dec. 18, 2012).

    While pumps are treated as a type of covered equipment, EPCA does not define what a pump is. To address this issue, DOE recently published a notice of proposed rulemaking (“NOPR”) that would establish definitions and test procedures for pumps. That proposal (hereafter “the pumps test procedure NOPR”), proposed to define dedicated-purpose pool pumps to be a category of pump. 80 FR 17586, 17641 (April 1, 2015).

    B. Background

    Currently, no Federal energy conservation standards exist for any types of pumps, including dedicated-purpose pool pumps (i.e. “pool pumps”). DOE excluded this category of pumps from its recent efforts to develop consensus-based energy conservation standards and an appropriate test procedure for pumps. See 80 FR 17826 (April 2, 2015) (proposing consensus-based energy conservation standards for pumps) and 80 FR 17586 (April 1, 2015) (proposing test procedures for certain categories of pumps). Those efforts, which were the product of a pumps working group (“working group”) that had been created through the Appliance Standards Rulemaking Federal Advisory Committee (“ASRAC”), examined a variety of categories of pumps. While pool pumps were one of the pump categories that were actively considered during the working group's discussions to regulate pump energy consumption, the working group ultimately recommended that DOE initiate a separate rulemaking to address this category of pumps. (Docket No. EERE-2013-BT-NOC-0039, No. 0092 at p. 2) Consistent with that recommendation, DOE is issuing this request for information (“RFI”) to examine the feasibility of establishing standards for pool pumps. The working group's recommendations and related documentation are contained in Docket No. EERE-2013-BT-NOC-0039, which is available at http://www.regulations.gov.

    C. Regulatory Process

    Prior to issuing a proposed rulemaking to establish energy conservation standards for a given type of product or equipment, DOE typically issues a Framework document, in which DOE describes the issues, analyses, and process that it is considering for the development of energy conservation standards. After receiving comment on the Framework document, DOE typically prepares a preliminary analysis and associated preliminary Technical Support Document (“TSD”). The preliminary analysis provides interested parties with an initial draft of potential energy conservation standard levels that DOE may consider along with their potential impacts on consumers, manufacturers, and the nation.

    Following these steps, DOE would publish a NOPR to propose a new or amended conservation standard. As with the prior steps outlined above, DOE would afford interested parties an opportunity to provide oral and written comment on the proposal. See generally 42 U.S.C. 6295(p) and 6316(a). The NOPR presents DOE's proposed energy conservation standard levels and a summary of both the burdens and benefits of the proposed standards, pursuant to 42 U.S.C. 6295(o)(2)(B)(i) and 6313(a). The details of DOE's standards analysis are provided in an accompanying TSD. After receiving and considering comments on the NOPR, DOE may issue a final rule that would prescribe new energy conservation standards. The analysis of any final standards would also be contained in a TSD accompanying the final rule.

    In a test procedure rulemaking, DOE prepares a NOPR and provides interested parties an opportunity to present oral and written comments, data, information, views and arguments with respect to such test procedure. (42 U.S.C. 6314(b)) DOE takes into account relevant information and comments submitted by interested parties and will adopt any new test procedures, including relevant sampling provisions and rating information, in a test procedure final rule.

    With respect to the dedicated-purpose pool pumps at issue, DOE is considering, but has not yet decided, to use an alternative rulemaking approach to the one described above. In particular, DOE is considering pursuing a negotiated rulemaking. In DOE's experience, a negotiated rulemaking can be an efficient and effective mechanism for establishing test procedures and energy conservation standards for commercial equipment, especially for equipment that has not previously been subject to Federal standards. Using this approach, DOE would engage in discussions with interested parties (in lieu of the Framework document and preliminary analysis stages) to help frame and develop the specifics of the NOPR, which would be subject to public comment prior to the issuance of a final rule.

    Issue 1: DOE requests feedback on whether a negotiated rulemaking would be an appropriate mechanism to pursue energy conservation standards and test procedures for dedicated-purpose pool pumps. If commenters believe a negotiated rulemaking should be pursued for dedicated-purpose pool pumps, DOE requests suggestions from interested parties regarding persons or entities that might be interested in taking part in such a negotiation, including efficiency advocates, manufacturers, customers, utility representatives, and any other interested parties.

    Should DOE decide to initiate a rulemaking to explore new energy conservation standards for dedicated-purpose pool pumps, DOE is required to follow certain statutory criteria. EPCA requires that any new or amended energy conservation standard be designed to achieve the maximum improvement in energy efficiency that is technologically feasible and economically justified. (42 U.S.C. 6295(o)(2)(A) and 6316(a)) To determine whether a standard is economically justified, DOE must determine whether the benefits of the standard exceed its burdens by considering, to the greatest extent practicable, seven factors. (42 U.S.C. 6295(o)(2)(B)(i) and 6316(a)) These factors, as well as the series of analyses DOE conducts to fulfill these requirements, are shown in Table I.1

    Table I.1—Energy Policy and Conservation Act Requirements and Corresponding Department of Energy Analyses EPCA requirement Corresponding DOE analyses Technological Feasibility • Market and Technology Assessment. • Screening Analysis. • Engineering Analysis. Economic Justification (7 Factors) 1. Economic impact on manufacturers and consumers • Manufacturer Impact Analysis. • Life-Cycle Cost and Payback Period Analysis. • Life-Cycle Cost Subgroup Analysis. • Shipments Analysis. 2. Lifetime operating cost savings compared to increased cost for the product • Markups for Product Price Determination.
  • • Energy Use Determination.
  • • Life-Cycle Cost and Payback Period Analysis.
  • 3. Total projected energy savings • Shipments Analysis. • National Impact Analysis. 4. Impact on utility or performance • Screening Analysis. • Engineering Analysis. 5. Impact of any lessening of competition • Manufacturer Impact Analysis. 6. Need for national energy conservation • Shipments Analysis. • National Impact Analysis. • Emissions Analysis. • Utility Impact Analysis. • Monetization of Emission Reductions Benefits. 7. Other factors the Secretary considers relevant These factors are rulemaking-specific.
    II. Discussion A. Review of Existing Regulatory and Voluntary Programs

    DOE reviewed several existing and proposed regulatory and voluntary energy conservation programs for pool pumps. These programs are described below.

    1. California Energy Commission

    The California Energy Commission (CEC) first issued standards for residential pool pumps under the California Code of Regulations 2006.3 See Cal. Code Regs., tit. 20, § 1601-1608 (2013). The CEC standards were subsequently adopted by a number of other States.4 The CEC's regulations cover all residential pool pump and motor combinations, replacement residential pool pump motors, and portable electric spas.

    3 California Energy Commission. “Appliance Efficiency Regulations.” December 2006. CEC-400-2006-002-REV2. Available at: http://www.energy.ca.gov/2006publications/CEC-400-2006-002/CEC-400-2006-002-REV2.PDF.

    4See, e.g. Ariz. Rev. Stat. § 44-1375 (2015); Conn. Agencies Regs. § 16a-48.4 (2015); Fla. Stat. Ann. § 533.909 (2015); and Wash. Rev. Code Ann. § 19.260.040 (2015).

    The CEC's current standard has prescriptive design requirements instead of performance based regulations for residential pool pump and motor combinations. See Cal. Code Regs., tit. 20, § 1605.3, subd. (g)(5). The CEC defines “residential pool pump and motor combination” as a residential pool pump motor coupled to a residential pool pump. “Residential pool pump” is defined as an impeller attached to a motor that is used to circulate and filter pool water in order to maintain clarity and sanitation. “Residential pool pump motor” refers to a motor that is used as a replacement residential pool pump motor or as part of a residential pool pump and motor combination. (Motors used in these applications are electrically-driven.) The CEC imposes a design standard that prohibits the use of split phase start 5 and capacitor start—induction run 6 motor designs in residential pool pump motors manufactured on or after January 1, 2006. (Id. § 1605.3, subd. (g)(5)(A)) The CEC also requires that residential pool pump motors with a motor capacity 7 of 1 horsepower (hp) or greater manufactured on or after January 1, 2010, have the capability of operating at two or more speeds. The “low” speed must have a rotation rate that is no more than one-half of the motor's maximum rotation rate, and must be operated with an applicable multi-speed pump control. (Id. § 1605.3, subd. (g)(5)(B))

    5 Defined as: A motor that employs a main winding with a starting winding to start the motor. After the motor has attained approximately 75 percent of rated speed, the starting winding is automatically disconnected by means of a centrifugal switch or by a relay. Cal. Code Regs., tit. 20, § 1602, subd. (g).

    6 Defined as: A motor that uses a capacitor via the starting winding to start an induction motor, where the capacitor is switched out by a centrifugal switch once the motor is up to speed. Cal. Code Regs., tit. 20, § 1602, subd. (g).

    7 Defined as a value equal to the product of motor's nameplate hp and service factor and also referred to a “total hp,” where “service factor (of an AC motor)” means a multiplier which, when applied to the rated hp, indicates a permissible hp loading which can be carried under the conditions specified for the service factor. Cal. Code Regs., tit. 20, § 1602, subd. (g).

    The CEC also prescribes design requirements for pump controls. Pump motor controls that are manufactured on or after January 1, 2008, and are sold for use with a pump that has two or more speeds are required to be capable of operating the pool pump at a minimum of two speeds. The default circulation speed setting shall be no more than one-half of the motor's maximum rotation rate, and high speed overrides should be temporary and not for a period exceeding 24 hours. (Id. § 1605.3, subd. (g)(5)(B))8

    8 California Energy Commission, 2014 Appliance Efficiency Regulations, available at http://www.energy.ca.gov/2014publications/CEC-400-2014-009/CEC-400-2014-009-CMF.pdf.

    In addition to these prescriptive design requirements, the CEC also requires manufacturers of residential pool pump and motor combinations and manufacturers of replacement residential pool pump motors 9 to report certain data regarding the characteristics of their certified equipment. This includes information necessary to verify compliance with the requirements of § 1605.3(g)(5), as well as the tested flow and input power of the equipment at several specific load points. Manufacturers must also submit the pool pump and motor combinations' Energy Factor (EF) in gallons per Watt-hour (gal/Wh) when tested in accordance with the specified test procedure for residential pool pumps. See Cal. Code Regs., tit. 20, § 1604(g)(3) (see section II.C below for more information).

    9 Defined as a replacement motor intended to be coupled to an existing residential pool pump that is used to circulate and filter pool water in order to maintain clarity and sanitation. Cal. Code Regs., tit. 20, § 1602, subd. (g).

    DOE understands that the CEC is considering revising its pool pump regulations. A recent report by the CEC, “Analysis of Standards Proposal for Residential Swimming Pool and Portable Spa Equipment,” 10 considers updated regulations for all single-phase dedicated-purpose pool pump motors under 5 total hp (THP).11 This report recommends that pool pump motors be covered regardless of whether they are sold with a new pump, or sold as replacement for use with an existing pump wet-end. The report also recommends regulating pool pump motors regardless of whether it is used in an application that requires filtration. Additionally, the report recommends that the CEC move to performance based standards, rather than prescriptive design requirements.

    10 Analysis of Standards Proposal for Presidential Swimming Pool and Portable Spa Equipment, California Energy Commission. Available at http://www.energy.ca.gov/appliances/2013rulemaking/documents/proposals/12-AAER-2F_Residential_Pool_Pumps_and_Replacement_Motors/California_IOUs_Response_to_the_Invitation_to_Submit_Proposals_for_Pool_and_Spas_2013-07-29_TN-71756.pdf.

    11 Total hp is the product of motor service factor and motor nameplate (rated) hp.

    2. ENERGY STAR

    The ENERGY STAR® 12 specifications for pool pumps 13 provide criteria for how a product can earn the ENERGY STAR label. The specification is applicable to single-phase residential inground pool pumps that are single-speed, multi-speed, variable-speed, or variable-flow, and have a hp rating of between >0.5 and ≤4 THP. ENERGY STAR defines a residential inground pool pump as a primary filter pump intended for installation with a permanently installed Residential Inground Swimming Pool with dimensions as defined in American National Standards Institute (ANSI)/National Spa and Pool Institute (NSPI)-5 (ANSI/NSPI-5 2003), “Standard for Residential Inground Swimming Pools.” Further, ENERGY STAR specifically excludes residential above ground pool pumps,14 residential auxiliary pool pumps,15 and residential portable spa pumps 16 from ENERGY STAR certification.

    12 ENERGY STAR is a joint program of the U.S. Environmental Protection Agency and DOE that establishes a voluntary rating, certification, and labeling program for highly energy efficient consumer products and commercial equipment. Information on the program is available at www.energystar.gov/index.cfm?c=home.index.

    13 U.S. EPA. “ENERGY STAR® Program Requirements for Pool Pumps Version 1.0”. Available at http://www.energystar.gov/sites/default/files/specs//private/ENERGY%20STAR%20Pool%20Pump%20Version%201%200%20Program%20Requirements%202-15-2013.pdf.

    14 Defined as a primary filter pump intended for installation with a permanently installed Residential Aboveground/Onground Swimming Pool as defined in ANSI/APSP- 4 2007, “Standard for Aboveground/Onground Residential Swimming Pools.”

    15 Defined as a pump intended for purposes other than a primary pool filter pump, i.e. such as a pool cleaner booster pump or water feature pumps.

    16 Defined as a pump intended for installation with a non-permanently installed residential spa as defined in ANSI/NSPI-6 (ANSI/NSPI-6 1999), “Standard for Portable Spas.” Sometimes referred to as a hot tub pump, but not a jetted bathtub pump.

    The ENERGY STAR specifications for residential pool pumps establish a required EF for the equipment. EF is defined as the volume of water pumped in gallons, divided by the electrical energy consumed by the pump motor while pumping that water. The EF rating is established separately for single-speed and multi-speed pumps, as shown in Table II.1.

    Table II.1—Pool Pump Energy Factor Criteria at Pool Pump Performance Curve A * Pump sub-type Speed setting Energy
  • efficiency
  • level
  • (gal/Wh)
  • Single-speed pump Single-Speed EF ≥3.80 Multi-speed, Variable-speed and Variable-flow pump Most Efficient Speed EF ≥3.80 * ENERGY STAR requires that residential inground pool pumps be tested in accordance with their Final Test Method, that is established as part of the ENERGY specification. The ENERGY STAR Final Test Method defines three curves that are applicable to the testing of pool pumps, Curve A, B, and C. See http://www.energystar.gov/sites/default/files/specs//private/ENERGY%20STAR%20Pool%20Pump%20Version%201%200%20Program%20Requirements%202-15-2013.pdf.

    Regarding multi-speed pumps, ENERGY STAR specifically excludes multi-speed pumps with manual pump controls that are not sold ready to connect to external pump controls. ENERGY STAR also differentiates between variable-speed pumps that can operate at continuously variable speeds and variable-flow pumps that are equipped with controls that can continuously vary speed to control flow.

    3. Consortium for Energy Efficiency

    Effective on January 1, 2013, the Consortium for Energy Efficiency (CEE) established voluntary testing, rating, and labeling requirements to encourage the market penetration of high-efficiency swimming pool pumps and pool pump controllers.17 CEE's testing and performance requirements for pool pumps features two “tiers” and are specified in terms of EF. These requirements are shown in Table II.2.

    17 Consortium for Energy Efficiency (CEE). “High Efficiency Residential Swimming Pool Initiative: Pool Pump Specification.” January 1, 2013. Available at: http://library.cee1.org/sites/default/files/library/9987/cee_residential_pool_pump_specification_90947.pdf. Consortium for Energy Efficiency (CEE). “High Efficiency Residential Swimming Pool Initiative: Pool Pump Control Specification.” January 1, 2013. Available at:http://library.cee1.org/sites/default/files/library/9988/cee_residential_pool_pump_control_specification_29414.pdf.

    Table II.2—CEE Tier 1 and 2 EF Requirements Efficiency level Lower speed * EF
  • (gal/Wh)
  • Low speed ** EF
  • (gal/Wh)
  • High speed † EF
  • (gal/Wh)
  • CEE Tier 1 No requirement ≥3.8 ≥1.6 CEE Tier 2 ≥12.0 ≥5.5 ≥1.7 * Where “lower speed' is the optimal or most efficient speed for the pool pump, likely ranging from 600 to 1200 RPM. ** Where “low speed” is either the minimum speed for two-speed pumps or half the maximum speed for variable-speed pumps, typically 1725 RPM. † Where “high speed” is the maximum operating speed of the pump, usually 3450 RPM.

    CEE's performance requirements for pool pump controls feature two tiers, with similar requirements to those adopted by the CEC. Under the CEE program, a pool pump control must:

    (1) have the ability to operate the pool pump at either two (for tier 1) or more than two (for tier 2) speeds;

    (2) contain a default filtration speed that is no more than one-half of the motor's maximum rotation speed; and

    (3) contain a default setting that returns the pool pump to the lowest user preset speed within one cycle, or 24 hours.

    4. Australia and New Zealand

    The Australia state and territory governments and the New Zealand government operate the Energy Rating Labeling Program. The Energy Rating program established the voluntary Energy Rating Labeling Program for swimming pool pump-units in April 2010.18 This program establishes testing, labeling, and minimum efficiency requirements for swimming pool pumps for suppliers who choose to participate.19 The program relies on Australian Standard (AS) 5102-2009, “Performance of household electrical appliances—Swimming pool pump—units, Parts 1 and 2” (AS 5102-2009) as the basis for the efficiency levels and testing requirements for residential pool pumps. The AS 5102-2009 standard:

    18 Summary of the Voluntary Energy Rating Labelling Program for Swimming Pool Pump-Units Available at: http://www.energyrating.gov.au/for-industry/regulation-information-for-industry/product-standards/overview/as5102/.

    19 Voluntary Energy Rating Labelling Program for Swimming Pool Pump-Units: Rules for Participation. Available at: http://www.energyrating.gov.au/wp-content/uploads/2011/02/201002-swimmingpoolpump-labelling1.pdf.

    (1) Applies to pumps intended to be used in swimming pools and spa pools;

    (2) covers all single-phase pumps that are capable of a flow rate equal to or greater than 120 L/min (32 gpm);

    (3) applies to single-speed, dual-speed, multi-speed, and variable-speed pumps with an input power of less than or equal to 2500 W for any of the available speeds;

    (4) covers pumps for the circulation of water through pool filters, sanitization devices, cleaning devices, water heaters (including solar), and pumps for circulation of water through spa or jet outlets or other features forming part of the pool;

    (5) covers newly manufactured pumps that form part of a complete new pool installation or intended for sale as replacements for existing pools; and

    (6) covers all water-retaining structures designed for human use—

    (i) that are capable of holding more than 680 liters of water 20 (179.6 gallons), and

    20 The standard explicitly exclude residential pool pumps designed for use in spa baths (i.e., water retaining structures less than or equal to 680 liters/180 gallons).

    (ii) that incorporate, or are connected to, equipment that is capable of filtering and heating any water contained in it and injecting air bubbles or water into it under pressure so as to cause water turbulence.

    The minimum energy performance standard (MEPS) in part 2 of AS 5102-2009 is stated in terms of a minimum EF. Specifically, the current MEPS is 8 liters/watt-hour (2.09 gallons/Wh).

    5. European Union

    The European Union is considering regulations for private and public pool pumps. In 2014, the European Commission completed a study on pumps for private and public swimming pools, along with other pump products under the Ecodesign Directive.21 The goal of the study is to provide the European Commission with an assessment of the energy savings potential and feasibility of different types of performance-based or design standards for such equipment. The study considered input from various stakeholders, including representatives from manufacturing companies, energy efficiency advocates, and government agencies. The Ecodesign Directive published the results of their study on March 28, 2014.22 DOE has reviewed the available information and will continue to monitor these efforts.

    22 Work on Preparatory studies for implementing measures of the Ecodesign Directive 2009/125/EC: ENER Lot 29—Pumps for Private and Public Swimming Pools, Ponds, Fountains, and Aquariums (and clean water pumps larger than those regulated under ENER Lot 11) Tasks 1-8. Available at: http://lot29.ecopumps.eu/documents.

    B. Scope

    The CIP Working Group recommended that DOE initiate a separate rulemaking for dedicated-purpose pool pumps. (Docket No. EERE-2013-BT-NOC-0039, No. 92) Therefore, in the pumps test procedure NOPR, DOE proposed to explicitly define the category of pumps referred to as dedicated-purpose pool pumps, based on their distinct construction and resulting operational characteristics and utility, and also proposed that the test procedure proposed in the NOPR would not address or be applicable to such pumps. See 80 FR 17586, 17597 (April 1, 2015).

    In considering the establishment of test procedures and energy conservation standards for dedicated-purpose pool pumps, DOE would first establish the criteria specifying the scope of applicable equipment that would be regulated, including physical characteristics, operating parameters, equipment types, and equipment configuration.

    1. Definitions

    In the pumps test procedure NOPR, DOE proposed a new definition for dedicated-purpose pool pumps. DOE intended for this definition to apply to pumps used to circulate water through the filtration system in a stationary pool. Based on input from interested parties provided during the negotiated rulemaking process (Docket No. EERE-2013-BT-NOC-0039, No. 62 at p. 195), DOE used the presence of an integrated basket strainer to differentiate dedicated-purpose pool pumps from other end suction close-coupled (ESCC) and end suction frame-mounted (ESFM) pumps that may otherwise be within the scope of the pumps test procedure NOPR. 80 FR at 17597. The proposed definition would treat an end suction pump designed specifically to circulate water in a pool and that includes an integrated basket strainer as a dedicated-purpose pool pump. See 80 FR at 17641.

    DOE's preliminary review of industry literature indicates that although most models marketed as pool pumps are sold with an integrated basket strainer, some are sold without one. Of the models sold without a basket strainer, most are configured to accept a basket strainer that is sold separately.

    DOE notes that non-self-priming end suction pumps that are used in pool applications but are sold without an integrated basket strainer and are ≥1 hp will meet the definition of either an ESCC or ESFM pump as proposed in the pumps test procedure NOPR. 80 FR at 17641 (April 1, 2015). DOE also notes that self-priming pumps of any hp, and <1 hp pool pumps sold without an integrated basket strainer, would not meet the proposed definition of an ESCC or ESFM pump. Id.

    Issue 2: DOE requests comment on whether the proposed definition of dedicated-purpose pool pumps, as detailed in the pumps test procedure NOPR, 80 FR at 17641, should be modified—and if so, what changes should be made. One item of specific interest to DOE is whether the definition should explicitly account for the self-priming feature described above. DOE also seeks comment regarding how best to handle those pump models marketed as pool pumps but are not sold with a basket strainer.

    Issue 3: DOE seeks information and data regarding the percentage of pool pump sales that involve models that are sold without integrated basket strainers.

    2. Phase, Horsepower, and Application

    The definition of dedicated-purpose pool pumps proposed in the pumps test procedure NOPR is not limited by operational parameters or characteristics. However, DOE may consider limiting the scope of any applicable dedicated-purpose pool pump regulations based on certain operating characteristics, including motor phase (single- versus multi-phase) and horsepower (hp) (THP or rated nameplate hp; minimum or maximum hp).

    DOE's review of regulatory and voluntary programs indicates that some programs include maximum and minimum hp limits, as well as phase limitations. For example, the ENERGY STAR pool pump specification is only applicable to single-phase residential inground pool pumps that have a hp rating of between >0.5 and ≥4 THP. Aside from phase and THP limits, no other distinguishing characteristics have been identified.

    DOE reviewed available product literature and found that dedicated-purpose pool pumps that meet the definition proposed in the pumps test procedure NOPR 80 FR 17586, 17641 (April 1, 2015) typically range from 0.5 to 5 hp, although DOE identified some pool pumps as large as 20 hp. DOE's research identified three-phase pool pumps as small as 2 hp and single-phase pool pumps as large as 10 hp. DOE notes that if this potential rulemaking establishes limitations on the phase and/or hp of dedicated-purpose pool pumps, a subset of pumps (i.e., self-priming pumps or pumps with integrated basket strainers) may ultimately not be covered by either the scope of this potential dedicated-purpose pool pump rulemaking or by the current energy conservation standards rulemaking currently underway. 80 FR 17826 (April 2, 2015)

    Issue 4: DOE requests data on the breakdown of shipments of dedicated-purpose pool pumps by phase (single- or multi-) and by hp range. To the extent possible, DOE seeks annual shipments data broken down by phase and horsepower covering the last 15 years.

    Issue 5: DOE requests comment on whether DOE should consider motor phase or hp limitations for dedicated-purpose pool pumps in the scope of any potential rulemaking. If so, why, and if not, why not?

    Pools pumps can be classified either by the rated hp (also referred to as “nameplate hp”) or the THP (also known as “service factor hp”) of the motor with which the pump is sold. Rated hp refers to the output power of the motor, as stated by the manufacturer, at a specified rotational speed, voltage, and frequency. Alternatively, THP is a characterization of the maximum continuous load the motor is designed to serve at nominal rating conditions. THP can be calculated as a product of the rated hp and the service factor. The service factor is defined as a scalar quantity that indicates the percentage beyond the rated hp that a pump motor may continuously operate without exceeding its allowable insulation class temperature limit. (For example, a 5 hp motor rated with a service factor of 1.25 can safely operate at 6.25 hp without incurring heat-related damage.) When determining service factor, other operating parameters, such as rated voltage, frequency, and ambient temperature, must be within the normal operating range.

    Issue 6: DOE requests comment on the merits of using either the rated hp or total horse power as the metric in creating potential exclusions or equipment classes.

    3. Product Type

    DOE identified several different pool pump types or classifications used by the industry. These include inground and aboveground pool pumps, inflatable pool pumps, auxiliary pumps, spa pumps, and several other types of pumps.

    (a) Inground and Aboveground Pool Pumps

    Dedicated-purpose pool pumps serve both inground pools and aboveground pools. DOE research has indicated that for inground pools, dedicated-purpose pool pumps are required to be self-priming. As such, the industry appears to refer to self-priming pool pumps as “inground pool pumps” in their marketing literature. These “inground pool pumps” typically are designed to provide higher hydraulic heads 23 than the non-self-priming dedicated-purpose pool pumps designed for installation in aboveground pools. The higher heads provided by self-priming pumps are typically required because the “inground pool pumps” usually must overcome greater flow resistance (e.g., from longer piping or more piping bends) than those serving aboveground pools. However, DOE has found that some pool pumps listed as aboveground are also self-priming.

    23 “Hydraulic head” is a term used to describe the liquid pressure in a system and is typically measured in terms of the height of a column of the fluid above a reference plane that would result in an equivalent pressure.

    ENERGY STAR differentiates inground versus aboveground pools based on their application in residential swimming pools with dimensions as defined in American National Standards Institute (ANSI)/National Spa and Pool Institute (NSPI)-5 (ANSI/NSPI-5 2003), “Standard for Residential Inground Swimming Pools,” and ANSI/APSP-4 2007, “Standard for Aboveground/Onground Residential Swimming Pools,” respectively.

    The ENERGY STAR pool pumps framework 24 document lays out a scope limited to the residential inground pool pumps market because of the large end-user base and national savings potential present with this market, as well as the availability of adequate supporting test data. The absence of robust test data for aboveground pumps led the ENERGY STAR program to not issue specifications for these pumps. DOE notes that both inground and aboveground pool pumps would meet the definition of a dedicated-purpose pool pump, as proposed in the pumps test procedure NOPR. 80 FR at 17641.

    24 “ENERGY STAR® Residential Swimming Pool Pump Specification Framework”, Available at http://www.energystar.gov/sites/default/files/specs//private/Pool_Pump_Specification_Framework.pdf.

    Issue 7: DOE requests information on any performance or physical component differences between dedicated-purpose pool pumps designed to serve inground pools versus aboveground pools. Specifically, DOE requests comment on whether dedicated-purpose pool pumps serving inground pools need to be self-priming to operate as expected.

    (b) Inflatable Pool Pumps

    DOE has identified a type of pump, sometimes classified as an inflatable pool pump, which is sold with an integrated filter system. The pump, motor, and basket strainer portion of these products appear to be similar to inground or aboveground pool pumps. This similarity in design indicates that the portion of the product not including the filter system may meet the current definition of a dedicated-purpose pool pump, as proposed in the pumps test procedure NOPR. 80 FR at 17641.

    Issue 8: DOE requests data on the annual shipments of inflatable pool pumps or pumps with integrated filter systems for the last 15 years.

    Issue 9: DOE requests comment on whether pumps with integrated filter systems should be part of a potential rulemaking for dedicated-purpose pool pumps. If so, why? If not, why not? If standards for this category of pumps should be included as part of any DOE effort to regulate dedicated-purpose pool pumps, should any potential standards be limited to the pump and motor portion only, or should it also include the filter system? Please include the reasons supporting (or opposing) your view.

    Issue 10: DOE requests comment on how inflatable pool pumps or pumps with integrated filter systems are typically designed and distributed for sale. Specifically, DOE is interested in whether the pump, motor, and basket strainer portions of pumps sold with integrated filter systems are typically purchased from manufacturers as completed units. If not, do manufacturers of pumps with integrated filter systems design and produce the pump, motor, and basket strainer specifically for use in such systems, even though they may be distributed in commerce as separate components?

    (c) Auxiliary Pumps

    DOE's research indicates that certain types of pumps are used to drive auxiliary pool equipment, such as pool cleaners, spas, and water features. In the industry, these pumps may be referred to as “specialty,” “booster,” or “auxiliary” pumps. The ENERGY STAR pool pump specification defines auxiliary pumps as those pumps which are not used primarily for pool filtration and water recirculation.

    Limited data are available on these types of pumps. A review of the market indicates that these pumps do not have an integrated basket strainer, and thus would not meet the definition of dedicated-purpose pool pump as proposed in the pumps test procedure NOPR. 80 FR at 17641. However, DOE's research suggests that most auxiliary pumps may be small ESCC pumps. As such, those that are 1 hp or greater would fall within the scope of DOE's recently proposed pumps test procedure. (80 FR 17586 (April 1, 2015)).

    Issue 11: DOE requests comment on the annual shipments for the past 15 years of auxiliary pumps, broken-out by any commonly used equipment type designations, size (i.e. less than 1 hp and greater than or equal to 1 hp), and any other parameters relevant to the pool pump industry. DOE also requests data on typical usage profiles and energy use of auxiliary pumps used in pool applications.

    Issue 12: DOE requests comment on how best to distinguish auxiliary pumps from other dedicated-purpose pool pumps intended for continuous use (i.e., the lack of an integrated basket strainer).

    Issue 13: DOE requests comment on whether auxiliary pumps of less than 1 hp (or otherwise not meeting the definition of an ESCC pump as proposed in the pumps test procedure NOPR, (80 FR 17586 (April 1, 2015)) should be included in the scope of any potential pool pump rulemaking. If so, why? If not, why not?

    (d) Spa Pumps

    DOE notes that spa pumps are similar to auxiliary pumps in that they are small ESCC pumps without an integrated basket strainer. ENERGY STAR defines “residential spa pump” as a pump intended for installation in a non-permanently installed residential spa as defined in ANSI/NSPI-6 (ANSI/NSPI-6 1999), “Standard for Portable Spas.” ENERGY STAR also clarified that such pumps are sometimes referred to as a hot tub pump, but do not include jetted bathtub pumps.

    Issue 14: DOE requests comment on the distinguishing characteristics of spa pumps (as opposed to dedicated-purpose pool pumps) and whether any categories of spa pumps should be included in the scope of any potential pool pump rulemaking.

    (e) Other Pumps

    DOE's research indicates that a type of pump commonly known as a “pool cover pump” is often classified by the industry as a pool pump. These pool cover pumps are typically submersible or sump pumps, and therefore they do not meet the definition of dedicated-purpose pool pump as proposed in the pumps test procedure NOPR. 80 FR at 17641.

    DOE has also identified solar-powered and “bottom feeder” pool pumps available for sale. These pumps are typically very small (less than 1/4 hp) and are also submersible. These pumps would not meet the definition proposed in the pumps test procedure NOPR. 80 FR at 17641.

    Issue 15: DOE requests information on the annual shipments for the past 15 years of pool cover pumps and solar-powered pool pumps, separately broken down by horsepower. DOE also requests comment on whether to include these pumps in any potential rulemaking to set energy conservation standards for dedicated-purpose pool pumps. If so, why? If not, why not?

    Issue 16: DOE requests comment and any supporting information on any other categories of pool pumps that would be relevant to its efforts in examining potential energy conservation standards for dedicated-purpose pool pumps that are not already addressed in section II.B. 3.

    4. Sales Configuration

    Some types of pumps can be differentiated by the configuration in which the pump is sold, either as a bare pump, with a motor, or with a motor and controls.

    In the pumps test procedure NOPR, DOE proposed to differentiate pumps considered in the scope of that rulemaking based on the configuration in which the pump is sold. These configurations include: the bare pump, the bare pump with an electric motor, and the bare pump with an electric motor and continuous or non-continuous controls. 80 FR at 17627. The pumps test procedure NOPR proposed unique but comparable test methods and rating metrics that are applicable to a pump based on its sale configuration. Id. To achieve this differentiation, DOE proposed a series of definitions based on the CIP Working Group recommendations (Docket No. EERE-2013-BT-NOC-0039, No. 92 at p. 1):

    (1) “Pump” means equipment designed to move liquids (which may include entrained gases, free solids, and totally dissolved solids) by physical or mechanical action and includes a bare pump and, if included by the manufacturer at the time of sale, mechanical equipment, driver, and controls.

    (2) “Bare pump” means a pump excluding mechanical equipment, driver, and controls.

    (3) “Mechanical equipment” means any component that transfers energy from a driver to a bare pump.

    (4) “Driver” means the machine providing mechanical input to drive a bare pump directly or through the use of mechanical equipment. Examples include, but are not limited to, an electric motor, internal combustion engine, or gas/steam turbine.

    (5) “Control” means any device that can be used to operate the driver. Examples include, but are not limited to, continuous or non-continuous speed controls, schedule-based controls, on/off switches, and float switches.

    80 FR 17586, 17641-42 (April 1, 2015).

    DOE's research indicates that most dedicated-purpose pool pumps are paired with an electric motor when sold—rarely are they sold as bare pumps.

    Issue 17: DOE requests information on whether dedicated-purpose pool pumps are offered for sale by pool pump manufacturers as bare pumps. If they are offered for sale as bare pumps, are they typically paired with a motor by a distributor or retailer before being sold to an end user? Related to this request, DOE seeks information regarding the percentage of dedicated-purpose pool pump shipments that are sold by the pump manufacturer as a bare pump, without a motor.

    Dedicated-purpose pool pumps can also be sold with different types of controls that allow for the variation of motor speed at part load conditions. Specifically, dedicated-purpose pool pumps can be paired with multi-speed motors or variable-speed controls. The CEC established definitions of two-speed motors and variable-speed motors, while ENERGY STAR established definitions for multi-speed pumps, variable-speed pumps, and variable-flow pumps (flow controlled variable-speed pumps; see section II.A.2).

    In the pumps test procedure NOPR, DOE proposed definitions of continuous controls and non-continuous controls to distinguish between controls with discrete speed options (e.g., two-speed and multi-speed controls) and controls that can continuously adjust speed in response to the required load (e.g., variable-speed drives):

    • “Continuous Control” means a control that adjusts the speed of the pump driver continuously over the driver operating speed range in response to incremental changes in the required pump flow, head, or power output.

    • “Non-Continuous Control” means a control that adjusts the speed of a driver to one of a discrete number of non-continuous preset operating speeds, and does not respond to incremental reductions in the required pump flow, head, or power output.

    80 FR at 17641 (April 1, 2015).

    These definitions may also be relevant to dedicated-purpose pool pumps.

    Issue 18: DOE requests information on the market share of dedicated-purpose pool pumps sold with: (1) Continuous controls, (2) non-continuous controls, and (3) other types of controls. DOE also seeks information on what other types of controls are applicable to pool pumps along with the market share held by each of these other controls.

    C. Test Procedure and Rating Metrics

    Related to considering potential energy conservation standards for dedicated-purpose pool pumps, DOE is also considering potential test procedures and rating metrics for dedicated-purpose pool pumps. Manufacturers of covered equipment use DOE test produces and rating metrics as the basis for (1) certifying to DOE that their equipment complies with any applicable energy conservation standards adopted under EPCA, (42 U.S.C. 6295(s) and 6316(a)(1)), and (2) making representations about the efficiency of that equipment. (42 U.S.C. 6314(d))

    To inform DOE's consideration of test procedures and rating metrics, DOE reviewed the pool pump test procedures that are established or referenced by the existing regulatory and voluntary programs that are discussed in section II.A. The rating metrics and testing requirements for each of these programs are summarized in Table II.3.

    Table II.3—Summary of Rating Metrics and Industry Test Procedures Referenced by Various Voluntary and Regulatory Pool Pump Programs Rating program Metric Test procedure Other relevant
  • standards
  • CEC 2014 Appliance Efficiency Regulations Prescriptive design requirements IEEE Standard 114-2001 for determination of motor efficiency ANSI/HI 1.6-2000 with additional rating requirements and calculations (equivalent to ANSI/APSP/ICC-15a-2013) for pump performance N/A. ENERGY STAR Program Requirements for Pool Pumps—Version 1.0 EF ANSI/HI 1.6-2000 with additional rating requirements and calculations (equivalent to ANSI/APSP/ICC-15a-2013) ANSI/APSP-4 2007.
  • ANSI/NSPI-5-2003.
  • ANSI/NSPI-6-1999.
  • CEE High-Efficiency Swimming Pool Initiative EF and prescriptive design requirements for pool pump controls ANSI/APSP/ICC-15a-2013 N/A. Australia and New Zealand Energy Rating Program EF Part 1 of AS 5102-2009 N/A.

    As discussed in section II.A.1, the CEC regulations established prescriptive design requirements for residential pool pumps that focused on the motor and controls with which the pool pump is sold.25 As such, the CEC requires that reported motor efficiency be verifiable by IEEE Standard 114-2001, “IEEE Standard Test Procedure for Single-Phase Induction Motors.” 26

    25 California Energy Commission, 2014 Appliance Efficiency Regulations, available at http://www.energy.ca.gov/2014publications/CEC-400-2014-009/CEC-400-2014-009-CMF.pdf.

    26 Available for purchase at: http://standards.ieee.org/findstds/standard/114-2001.html.

    Although the CEC does not currently regulate pool pumps on a performance basis, the regulations require reporting certain performance information when certifying a pool pump under the Title 20 regulations. Cal. Code Regs., tit. 20, § 1606, subd. (a)(3). For example, pool pump efficiency must be measured in accordance with the Hydraulic Institute's (HI) Standard 1.6 (ANSI/HI 1.6-2000), “American National Standard for Centrifugal Pump Tests” and a manufacturer must report that its pool pump has been tested in accordance with this testing standard. Similarly, a manufacturer must test the performance of its pool pump along three representative system curves, known as curves A, B, and C. Cal. Code Regs., tit. 20, § 1604, subd. (g)(3).

    The test requirements for ENERGY STAR and CEE are harmonized with those adopted by the CEC.27 The ENERGY STAR and CEE test methods for pool pumps reference the Association of Pool and Spa Professional's (APSP) Standard 15 with Addendum 1 (ANSI/APSP/ICC-15a-2013), “American National Standard for Residential Swimming Pool and Spa Energy Efficiency.” ANSI/APSP/ICC-15a-2013 is based on the CEC test methodology.

    27 The curves used by ENERGY STAR are identical to CEC curves A, B, and C.

    The test requirements for the Australia and New Zealand energy rating program are defined in part 1 of AS 5102-2009, “Performance of household electrical appliances—Swimming pool pump—units: Energy consumption and energy performance.” Part 1 of the AS 5102-2009 test procedure is similar to the CEC testing requirements, but includes a different test setup and different measurement requirements. In addition, part 1 of AS 5102-2009 only requires rating along a new curve D.

    In all of these test methods, the pump head is adjusted until the flow and head lie on the specified system curve. EF is then calculated at various rating points and speeds for multi- and variable-speed pumps as the ratio of flow over power, and is expressed in units of gal/Wh.

    DOE recently proposed a test procedure for pumps that would incorporate by reference the Hydraulic Institute's (HI) Standard 40.6-2014, “Methods for Rotodynamic Pump Efficiency Testing,” as the basis for establishing the tested performance of a bare pump, pump with motor, or pump with motor and controls. 80 FR at 17642. DOE's proposed test procedure for pumps also includes additional calculations and default assumptions necessary to determine the constant load pump energy index (PEICL) for bare pumps and pumps sold with electric motors, or the variable load pump energy index (PEIVL) for pumps sold with electric motors and continuous or non-continuous controls. 80 FR at 17643-17651. The PEICL and PEIVL describe the power consumption of the rated pump, inclusive of a motor and any continuous or non-continuous controls, normalized with respect to the performance of a minimally compliant pump for each pump basic model. DOE believes that such an approach could potentially be modified to be applicable to dedicated-purpose pool pumps.

    Issue 18: DOE requests comment on the pros and cons of any of the rating metrics relevant to dedicated-purpose pool pumps, including EF, PEICL, and PEIVL, or prescriptive design requirements for the motor and/or controls.

    Issue 19: DOE requests comment on the applicability of any of the test procedures that might be applied to dedicated-purpose pool pumps, including the test procedure proposed by DOE for pumps in the pumps test procedure NOPR. If any particular provisions are not applicable, DOE requests comment on how they might be adapted to be more appropriate for the testing of dedicated-purpose pool pumps.

    Issue 20: DOE requests comment on the burdens, if any, associated with testing dedicated-purpose pool pumps in accordance with any of the referenced industry test procedures.

    Issue 21: DOE requests comment on any other pool pump test procedure that DOE should consider in developing a potential test procedure for dedicated-purpose pool pumps.

    D. Data Needs for Rulemaking Analyses

    To help inform DOE's decision of whether to regulate dedicated-purpose pool pumps, DOE seeks a variety of different types of information. If DOE chooses to regulate this equipment, the information collected in this RFI will also inform a number of analyses that are required to support an energy conservation standard rulemaking. Table I.1 provides a summary of these analyses. To this end, DOE seeks detailed data regarding the following aspects:

    1. Market and Technology Assessment

    Issue 22: DOE seeks data on historical shipments (specifically from 1995-2014, in number of units and revenues) for dedicated-purpose pool pumps. Where available, DOE requests this data be broken-out by equipment type, hp (rated nameplate hp or THP), operating speed, application, and any other parameters relevant to the pool pump industry.

    Issue 23: The CEC maintains a database of pool pumps meeting the CEC's prescriptive design requirement standard.28 DOE seeks comment on whether the range of product efficiencies (specified in EF) in the CEC database are representative of dedicated-purpose pool pumps in the United States. If not, DOE is interested in information regarding the typical range of efficiencies for dedicated-purpose pool pumps. If available, DOE requests these data be broken-out by equipment type, hp (rated nameplate hp or THP), operating speed, application, and any other parameters relevant to the pool pump industry.

    28 Available at: www.appliances.energy.ca.gov/QuickSearch1024.aspx.

    Issue 24: DOE requests comment and information on design features that are typically used by the pool pump manufacturers to describe and differentiate pool pumps. This includes features used to differentiate various types of pool pumps from each other, as well as features used to differentiate dedicated-purpose pool pumps from the scope of pumps defined in the pumps test procedure NOPR. See 80 FR at 17642-17643. Additionally, DOE requests information on how these design features affect the efficiency of a dedicated-purpose pool pump.

    Issue 25: DOE requests information and comment on technology options that could be considered to improve the energy efficiency of dedicated-purpose pool pumps. Specifically, DOE is interested in the magnitude of efficiency improvements available from any potential technology options, as well as how these efficiency improvements may, or may not, impact equipment performance, features, utility, or safety. Please provide efficiency improvements in terms of the relevant parameter, such as pump efficiency, motor efficiency, EF, etc.

    Issue 26: DOE understands that there are two typical market channels for dedicated-purpose pool pumps, the distributor model (Manufacturer → Distributor → Pool Service Contractor → Customer) and the retail model (Manufacturer → Retail Store → Customer). DOE requests comment on whether these distribution channels sufficiently depicts the market channels for this equipment or if other channels, such as direct sales through national accounts or wholesalers, exist that DOE should also consider. DOE requests data regarding the sizes of these market channels and requests data on the percentage of dedicated-purpose pool pumps sold through each channel, by type or application, if appropriate.

    2. Energy Use Analysis

    Issue 27: According to APSP,29 in 2013 there were approximately 8 million inground and aboveground swimming pools in the United States. DOE requests comment and information on the total number of installed inground and aboveground swimming pools in each state or climate region of the United States. DOE also requests comment on the number and type of dedicated-purpose pool pumps that are typically installed in each inground and aboveground swimming pool.

    29 The Association of Pool and Spa Professionals, “U.S. Swimming Pool and Hot Tub Market 2013”. Available at: http://apsp.org/portals/0/images/APSP%20statistics%202013.jpg.

    Issue 28: DOE seeks comment regarding the typical energy use of dedicated-purpose pool pumps. If available, DOE requests that these data be broken-out by equipment type, hp (rated nameplate hp or THP), operating speed, application, and any other parameters relevant to the pool pump industry.

    Issue 29: A study by CEE 30 estimates that adopting higher efficiency technologies, such as multi-speed and variable-speed pool pumps, may result in energy savings of 1,900-3,800 kWh/year for each residential swimming pool pump. DOE seeks comment on whether the approach and assumptions described in that report would be appropriate to use as a basis for estimating national energy savings, and on the accuracy of the estimates themselves. If so, why? If not, why not?

    30 CEE High Efficiency Residential Swimming Pool Initiative, Consortium of Energy Efficiency. Available at http://library.cee1.org/sites/default/files/library/9986/cee_res_swimmingpoolinitiative_07dec2012_pdf_10557.pdf.

    Issue 30: The pool pump industry defines “turnover rate” as the total number of times the entire volume of water in the pool is circulated (or “turned over”) within a 24-hour period. The industry defines “turnover time” as the amount of time required to circulate the entire volume of water in the pool once. Turnover rate is calculated by dividing 24 hours by the turnover time in hours. DOE seeks comment on typical turnover rates and times, as well as any variation by application, state, or climate region.

    Issue 31: DOE seeks comment on the usage profiles of dedicated-purpose pool pumps broken-out by climate, pool or pump type (i.e., inground or aboveground, indoor or outdoor), hp (rated nameplate hp or THP), and efficiency. DOE is specifically interested in hours of use per day at each speed when multi-speed or variable-speed pumps are used.

    Issue 32: DOE seeks data and comment on the number of months per year that dedicated-purpose pool pumps typically operate, broken-out by state or climate region.

    Issue 33: DOE requests comment on the typical lifetime of dedicated-purpose pool pumps.

    3. Manufacturer Impact Analysis

    Issue 34: DOE seeks to identify all dedicated-purpose pool pump manufacturers that currently distribute equipment in the United States. Currently, DOE has identified Pentair Ltd., Hayward Industries, Inc., Zodiac, Speck Pumps, and Waterway Plastics as dedicated-purpose pool pump manufacturers. DOE seeks comment on the comprehensiveness of this list of manufacturers, and requests the names and contact information of any other domestically- or foreign-based manufacturers that sell or otherwise market their dedicated-purpose pool pumps in the United States.

    Issue 35: DOE seeks to identify all dedicated-purpose pool pump manufacturers that currently distribute equipment in the United States who also qualify as small businesses. The Small Business Administration (SBA) defines a small business under North American Industry Classification System (NAICS) code 333911, “Pump and Pumping Equipment Manufacturing,” as one having no more than 500 employees.31 DOE requests the names of any small business manufacturers of dedicated-purpose pool pumps that it should consider in its analysis.

    31 Size standards, listed by NAICS code and industry description and are available at http://www.sba.gov/category/navigation-structure/contracting/contracting-officials/smallbusiness-size-standards.

    III. Public Participation

    DOE will accept comments, data, and information regarding this RFI and other matters relevant to DOE's consideration of any energy conservation standards for dedicated-purpose pool pumps by June 22, 2015. After the close of the comment period, DOE will begin collecting data, conducting the analyses, and reviewing the public comments. These actions will be taken to aid in the consideration of a rulemaking for dedicated-purpose pool pumps.

    Instructions: All submissions received must include the agency name and docket number and/or RIN for this rulemaking. No telefacsimilies (faxes) will be accepted.

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

    A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;D=EERE-2015-BT-STD-0008. This Web page contains a link to the docket for this notice on the www.regulations.gov Web site. The www.regulations.gov Web page contains simple instructions on how to access all documents, including public comments, in the docket.

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

    DOE considers public participation to be a very important part of the process for developing test procedures. DOE actively encourages the participation and interaction of the public during the comment period in each stage of the rulemaking process. Interactions with and between members of the public provide a balanced discussion of the issues and assist DOE in the rulemaking process. Anyone who wishes to be added to the DOE mailing list to receive future notices and information about this rulemaking should contact Ms. Brenda Edwards at (202) 586-2945, or via email at [email protected]

    Issued in Washington, DC, on April 24, 2015. Kathleen Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy.
    [FR Doc. 2015-11011 Filed 5-7-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-1279; Directorate Identifier 2014-NM-049-AD] RIN 2120-AA64 Airworthiness Directives; BAE SYSTEMS (Operations) Limited Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to supersede Airworthiness Directive (AD) 2011-21-06 for all BAE SYSTEMS (Operations) Limited Model 4101 airplanes. AD 2011-21-06 currently requires revising the maintenance program. Since we issued AD 2011-21-06, we have determined that the life limit of certain main landing gear components must be reduced, and certain post-repair inspections of critical structure are necessary. This proposed AD would require a new revision of the maintenance/inspection program. We are proposing this AD to prevent failure of certain structurally significant items, including the main landing gear and nose landing gear, which could result in reduced structural integrity of the airplane; and to prevent fuel vapor ignition sources, which could result in a fuel tank explosion and consequent loss of the airplane.

    DATES:

    We must receive comments on this proposed AD by June 22, 2015.

    ADDRESSES:

    You may send comments by any of the following methods:

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

    Fax: 202-493-2251.

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

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

    For service information identified in this proposed AD, contact BAE SYSTEMS (Operations) Limited, Customer Information Department, Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email [email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-1279; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-227-1175; fax 425-227-1149.

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-1279; Directorate Identifier 2014-NM-049-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments.

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

    Discussion

    On September 23, 2011, we issued AD 2011-21-06, Amendment 39-16829 (76 FR 64788, October 19, 2011). AD 2011-21-06 requires actions intended to address an unsafe condition on BAE SYSTEMS (Operations) Limited Model 4101 airplanes.

    Since we issued AD 2011-21-06, Amendment 39-16829 (76 FR 64788, October 19, 2011), we have determined that the life limit of certain main landing gear components must be reduced, and new inspections of certain repairs that affect fatigue strength of critical structure must be added to the maintenance/inspection program.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0043, dated February 21, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states:

    The Jetstream J41 Aircraft Maintenance Manual (AMM), includes the following chapters:

    05-10-10 “Airworthiness Limitations”,

    05-10-20 “Certification Maintenance Requirements”, and,

    05-10-30 “Critical Design Configuration Control Limitations (CDCCL)—Fuel System”.

    The maintenance tasks and limitations contained in these chapters have been identified as mandatory actions for continued airworthiness and EASA issued AD 2010-0098 [dated May 27, 2010 (http://ad.easa.europa.eu/ad/2010-0098) which corresponds to FAA AD 2011-21-06, Amendment 39-16829 (79 FR 64788, October 19, 2011)] to require operators to comply with those instructions.

    Since that [EASA] AD was issued, BAE Systems (Operations) Ltd issued Revision 37 of the AMM amending Chapter 05-10-10 to revise and reduce the life limit of certain main landing gear components. In addition, Revision 38 of the AMM was issued to amend Chapters 05-10-00 and 05-10-10 introducing inspections to be accomplished after implementation of some repairs affecting fatigue strength of critical structure. Failure to comply with the new and more restrictive actions could result in an unsafe condition.

    For the reasons described above, this [EASA] AD, which supersedes EASA AD 2010-0098, requires implementation of the maintenance requirements and/or airworthiness limitations as specified in the defined parts of Chapter 05 of the AMM at Revision 38.

    The unsafe condition is the failure of certain structurally significant items, including the main landing gear and nose landing gear, which could result in reduced structural integrity of the airplane; and fuel vapor ignition sources, which could result in a fuel tank explosion and consequent loss of the airplane. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-1279.

    Related Service Information Under 1 CFR Part 51

    BAE SYSTEMS (Operations) Limited has issued Subjects 05-10-10, “Airworthiness Limitations”; 05-10-20, “Certification Maintenance Requirements”; and 05-10-30, “Critical Design Configuration Control Limitations (CDCCL)—Fuel System”; of Chapter 05, “Airworthiness Limitations,” of the BAE Systems (Operations) Limited J41 AMM, Revision 38, dated September 15, 2013, which describe procedures for inspections of structurally significant items and the fuel system. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. 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 NPRM.

    FAA's Determination and Requirements of This Proposed AD

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

    Costs of Compliance

    We estimate that this proposed AD affects 4 airplanes of U.S. registry.

    The actions required by AD 2011-21-06, Amendment 39-16829 (76 FR 64788, October 19, 2011), and retained in this proposed AD take about 1 work-hour per product, at an average labor rate of $85 per work-hour. Based on these figures, the estimated cost of the actions that are required by AD 2011-21-06 is $85 per product.

    We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $340, or $85 per product.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2011-21-06, Amendment 39-16829 (76 FR 64788, October 19, 2011), and adding the following new AD: BAE SYSTEMS (Operations) Limited: Docket No. FAA-2015-1279; Directorate Identifier 2014-NM-049-AD. (a) Comments Due Date

    We must receive comments by June 22, 2015.

    (b) Affected ADs

    This AD replaces AD 2011-21-06, Amendment 39-16829 (76 FR 64788, October 19, 2011).

    (c) Applicability

    This AD applies to all BAE SYSTEMS (Operations) Limited Model 4101 airplanes, certificated in any category.

    (d) Subject

    Air Transport Association (ATA) of America Code 05.

    (e) Reason

    This AD was prompted by the need to reduce the life limit of certain main landing gear components, and to add certain post-repair inspections of critical structure to the maintenance/inspection program. We are issuing this AD to prevent failure of certain structurally significant items, including the main landing gear and nose landing gear, which could result in reduced structural integrity of the airplane; and to prevent fuel vapor ignition sources, which could result in a fuel tank explosion and consequent loss of the airplane.

    (f) Compliance

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

    (g) Retained Maintenance Program Revision, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 2011-21-06, Amendment 39-16829 (76 FR 64788, October 19, 2011), with no changes. Within 90 days after November 23, 2011 (the effective date of AD 2011-21-06): Revise the maintenance program by incorporating Subjects 05-10-10, “Airworthiness Limitations”; 05-10-20, “Certification Maintenance Requirements”; and 05-10-30, “Critical Design Configuration Control Limitations (CDCCL)—Fuel System”; of Chapter 05, “Airworthiness Limitations,” of the BAE Systems (Operations) Limited Jetstream Series 4100 Aircraft Maintenance Manual (AMM), Revision 35, dated February 15, 2011. The initial compliance times for the tasks are at the applicable times specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD. Doing the actions required by paragraph (i) of this AD terminates the requirements of this paragraph.

    (1) For replacement tasks of life limited parts specified in Subject 05-10-10, “Airworthiness Limitations,” of Chapter 05, “Airworthiness Limitations,” of the BAE Systems (Operations) Limited Jetstream Series 4100 AMM, Revision 35, dated February 15, 2011: Prior to the applicable flight cycles (landings) or flight hours (flying hours) on the part specified in the “Mandatory Life Limits” column in Subject 05-10-10, or within 90 days after November 23, 2011 (the effective date of AD 2011-21-06, Amendment 39-16829 (76 FR 64788, October 19, 2011)), whichever occurs later.

    (2) For structurally significant item tasks specified in Subject 05-10-10, “Airworthiness Limitations,” of Chapter 05, “Airworthiness Limitations,” of the BAE Systems (Operations) Limited Jetstream Series 4100 AMM, Revision 35, dated February 15, 2011: Prior to the accumulation of the applicable flight cycles specified in the “Initial Inspection” column in Subject 05-10-10, or within 90 days after November 23, 2011 (the effective date of AD 2011-21-06, Amendment 39-16829 (76 FR 64788, October 19, 2011)), whichever occurs later.

    (3) For certification maintenance requirements tasks specified in Subject 05-10-20, “Certification Maintenance Requirements,” of Chapter 05, “Airworthiness Limitations,” of the BAE Systems (Operations) Limited Jetstream Series 4100 AMM, Revision 35, dated February 15, 2011: Prior to the accumulation of the applicable flight hours specified in the “Time Between Checks” column in Subject 05-10-20, or within 90 days after November 23, 2011 (the effective date of AD 2011-21-06, Amendment 39-16829 (76 FR 64788, October 19, 2011), whichever occurs later; except for tasks that specify “first flight of the day” in the “Time Between Checks” column in Subject 05-10-20, the initial compliance time is the first flight of the next day after doing the revision required by paragraph (g) of this AD, or within 90 days after November 23, 2011 (the effective date of AD 2011-21-06), whichever occurs later.

    (h) Retained Restrictions on Alternative Actions, Intervals, and/or CDCCLs, With a New Exception

    This paragraph restates the requirements of paragraph (k) of AD 2011-21-06, Amendment 39-16829 (76 FR 64788, October 19, 2011), with a new exception. Except as required by paragraph (i) of this AD, after accomplishing the revision required by paragraph (g) of this AD, no alternative actions (e.g., inspections), intervals, and/or CDCCLs may be used unless the actions, intervals, and/or CDCCLs are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (l) of this AD.

    (i) New Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD: Revise the maintenance or inspection program, as applicable, by incorporating Subjects 05-10-10, “Airworthiness Limitations”; 05-10-20, “Certification Maintenance Requirements”; and 05-10-30, “Critical Design Configuration Control Limitations (CDCCL)—Fuel System”; of Chapter 05, “Airworthiness Limitations,” of the BAE Systems (Operations) Limited J41 AMM, Revision 38, dated September 15, 2013. The initial compliance times for the tasks are at the applicable times specified in paragraphs (i)(1), (i)(2), and (i)(3) of this AD. Doing the actions required by this paragraph terminates the requirements of paragraph (g) of this AD.

    (1) For replacement tasks of life limited parts specified in Subject 05-10-10, “Airworthiness Limitations,” of Chapter 05, “Airworthiness Limitations,” of the BAE Systems (Operations) Limited J41 AMM, Revision 38, dated September 15, 2013: Prior to the applicable flight cycles (landings) or flight hours (flying hours) on the part specified in the “Mandatory Life Limits” column in Subject 05-10-10, or within 90 days after the effective date of this AD, whichever occurs later.

    (2) For structurally significant item tasks specified in Subject 05-10-10, “Airworthiness Limitations,” of Chapter 05, “Airworthiness Limitations,” of the BAE Systems (Operations) Limited J41 AMM, Revision 38, dated September 15, 2013: Prior to the accumulation of the applicable flight cycles specified in the “Initial Inspection” column in Subject 05-10-10, or within 90 days after the effective date of this AD, whichever occurs later.

    (3) For certification maintenance requirements tasks specified in Subject 05-10-20, “Certification Maintenance Requirements,” of Chapter 05, “Airworthiness Limitations,” of the BAE Systems (Operations) Limited J41 AMM, Revision 38, dated September 15, 2013: Prior to the accumulation of the applicable flight hours specified in the “Time Between Checks” column in Subject 05-10-20, or within 90 days after the effective date of this AD, whichever occurs later; except for tasks that specify “first flight of the day” in the “Time Between Checks” column in Subject 05-10-20, the initial compliance time is the first flight of the next day after doing the revision required by paragraph (j) of this AD, or within 90 days the effective date of this AD, whichever occurs later.

    (j) New Restrictions on Alternative Actions, Intervals, and/or (CDCCLs)

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

    (k) Credit for Previous Actions

    This paragraph restates the provisions of paragraph (j) of AD 2011-21-06, Amendment 39-16829 (76 FR 64788, October 19, 2011). This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before November 23, 2011 (the effective date of AD 2011-21-06), in accordance with Subjects 05-10-10, “Airworthiness Limitations”; 05-10-20, “Certification Maintenance Requirements”; and 05-10-30, “Critical Design Configuration Control Limitations (CDCCL)—Fuel System”; of Chapter 05, “Airworthiness Limitations,” of the BAE Systems (Operations) Limited Jetstream Series 4100 AMM, Revision 33, dated February 15, 2010; which are not incorporated by reference in this AD.

    (l) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-227-1175; fax 425-227-1149. Information may be emailed to: [email protected]

    (i) 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.

    (ii) AMOCs approved previously for AD 2011-21-06, Amendment 39-16829 (76 FR 64788, October 19, 2011), are not approved as AMOCs with this AD.

    (2) Contacting the Manufacturer: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or BAE Systems (Operations) Limited's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

    (m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014-0043, dated February 21, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-1279.

    (2) For service information identified in this AD, contact BAE SYSTEMS (Operations) Limited, Customer Information Department, Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email [email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on April 29, 2015. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-11023 Filed 5-7-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-1277; Directorate Identifier 2014-NM-155-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A319, A320, and A321 series airplanes. This proposed AD was prompted by fatigue testing that determined fatigue damage could appear on clips, shear webs, and angles at certain rear fuselage sections and certain frames. This proposed AD is intended to complete certain mandated programs intended to support the airplane reaching its limit of validity (LOV) of the engineering data that support the established structural maintenance program. This proposed AD would require replacing the clips, the shear webs, and angles, including doing all applicable related investigative actions, and repair if necessary. We are proposing this AD to prevent fatigue damage on the clips, shear webs, and angles, which could affect the structural integrity of the airplane.

    DATES:

    We must receive comments on this proposed AD by June 22, 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 proposed AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-1277; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-1149.

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-1277; Directorate Identifier 2014-NM-155-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments.

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

    Discussion

    As described in FAA Advisory Circular 120-104 (http://www.faa.gov/documentLibrary/media/Advisory_Circular/120-104.pdf), several programs have been developed to support initiatives that will ensure the continued airworthiness of aging airplane structure. The last element of those initiatives is the requirement to establish a limit of validity (LOV) of the engineering data that support the structural maintenance program under 14 CFR 26.21. This proposed AD is the result of an assessment of the previously established programs by the DAH during the process of establishing the LOV for Airbus Model A319, A320, and A321 series airplanes. The actions specified in this proposed AD are necessary to complete certain programs to ensure the continued airworthiness of aging airplane structure and to support an airplane reaching its LOV.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0177, dated July 25, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus Model A319, A320, and A321 series airplanes. The MCAI states:

    During the A320 fatigue test campaign for Extended Service Goal (ESG), it was determined that fatigue damage could appear on the clips, shear webs and angles at rear fuselage section 19, on Frame (FR) 72 and FR74.

    This condition, if not detected and corrected, could affect the structural integrity of the aeroplane.

    To address this potential unsafe condition, Airbus developed a modification, which has been published through Airbus Service Bulletin (SB) A320-53-1266 for in-service application to allow aeroplanes to operate up to the new ESG limit.

    For the reasons described above, this [EASA] AD requires replacement of the affected clips, shear webs and angles at rear fuselage section 19, FR72 and FR74 [including all applicable related investigative actions and repair if any cracking is found].

    Related investigative actions include rotating probe testing for cracking of the fastener holes and high frequency eddy current inspections for cracking of the stringers. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-1277.

    Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-53-1266, Revision 01, dated June 20, 2013. This service information describes procedures for replacing clips, shear webs, and angles at rear fuselage section 19, FR72 and FR74. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. 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 NPRM.

    FAA's Determination and Requirements of This Proposed AD

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

    Costs of Compliance

    We estimate that this proposed AD affects 44 airplanes of U.S. registry.

    We also estimate that it would take about 110 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $411,400, or $9,350 per product.

    We have received no definitive data on the costs of required parts.

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

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Airbus: Docket No. FAA-2015-1277; Directorate Identifier 2014-NM-155-AD. (a) Comments Due Date

    We must receive comments by June 22, 2015.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in any category, all manufacturer serial numbers, except those on which Airbus Modification 30975 has been embodied in production.

    (1) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes.

    (2) Airbus Model A320-211, -212, -214, -231, -232, and -233 airplanes.

    (3) Airbus Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes.

    (d) Subject

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

    (e) Reason

    This AD was prompted by fatigue testing that determined fatigue damage could appear on clips, shear webs, and angles at certain rear fuselage sections and certain frames. This AD is intended to complete certain mandated programs intended to support the airplane reaching its limit of validity (LOV) of the engineering data that support the established structural maintenance program. We are issuing this AD to prevent fatigue damage on the clips, shear webs, and angles, which could affect the structural integrity of the airplane.

    (f) Compliance

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

    (g) Replacement

    At the later of the times specified in paragraphs (g)(1) and (g)(2) of this AD: Replace the clips, shear webs, and angles at rear fuselage section 19, frame (FR)72 and FR74, and do all applicable related investigative actions before further flight, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-53-1266, Revision 01, dated June 20, 2013. If any crack is found during any related investigative action required by this AD: Before further flight, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA).

    (1) Before exceeding 48,000 flight cycles or 96,000 flight hours, whichever occurs first since the airplane's first flight.

    (2) Within 30 days after the effective date of this AD.

    (h) Additional Replacement for Airplanes on Which the Replacement Required by Paragraph (g) of This AD Is Done Before 30,000 Flight Cycles or 60,000 Flight Hours

    For airplanes on which the replacement of clips, shear webs, and angles specified in Airbus Service Bulletin A320-53-1266 is done before accumulating 30,000 flight cycles or 60,000 flight hours, whichever occurred first since the airplane's first flight: Within 30,000 flight cycles or 60,000 flight hours, whichever occurs first after that replacement, do the replacement specified in paragraph (g) of this AD.

    (i) Credit for Previous Actions

    Except as required by paragraph (h) of this AD: This paragraph provides credit for the replacement required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Airbus Service Bulletin A320-53-1266, dated January 11, 2013, which is not incorporated by reference in this AD.

    (j) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; 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 the EASA; or Airbus's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature.

    (k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014-0177, dated July 25, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-1277.

    (2) For service information identified in this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on April 29, 2015. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-10948 Filed 5-7-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0929; Directorate Identifier 2014-NM-218-AD] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc. Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model BD-100-1A10 (Challenger 300) airplanes. This proposed AD was prompted by multiple reports of chafing found on an electrical wiring harness in the aft equipment bay, caused by contact between the wiring harness and a neighboring hydraulic line. This proposed AD would require an inspection, repair if necessary, and modification of the wiring harness installation to ensure that the wiring harness routing is correct and a minimum clearance between the wire and the hydraulic line is maintained. We are proposing this AD to detect and correct chafing on an electrical wiring harness, which could cause an electrical short circuit or lead to a malfunction of the flight control system, the engine indication system, or the hydraulic power control system, and adversely affect the continued safe operation and landing of the airplane.

    DATES:

    We must receive comments on this proposed AD by June 22, 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 proposed AD, contact Bombardier, Inc., 400 Côte Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone: 514-855-5000; fax: 514-855-7401; email [email protected]; Internet http://www.bombardier.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    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-2015-0929; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Assata Dessaline, Aerospace Engineer, Avionics and Service Branch, ANE-172, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 516-228-7301; fax: 516-794-5531.

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-0929; Directorate Identifier 2014-NM-218-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments.

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

    Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2014-32, dated September 8, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Bombardier, Inc. Model BD-100-1A10 (Challenger 300) airplanes. The MCAI states:

    There have been multiple in-service reports of chafing found on an electrical wiring harness in the aft equipment bay. An investigation determined that the chafing was attributed to contact between the wiring harness and a neighboring hydraulic line. This chafing could cause an electrical short circuit or lead to a malfunction of the flight control system, the engine indication system, or the hydraulic power control system; which could adversely affect the continued safe operation and landing of the aeroplane.

    This [Canadian] AD mandates the inspection [general visual inspection], rectification as required [repair of damage (including wear and chafing)], and modification of the wiring harness installation to ensure the correct wiring routing and a minimum clearance between the wire and the hydraulic line is maintained.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0929.

    Related Service Information Under 1 CFR Part 51

    Bombardier, Inc. has issued Service Bulletin 100-24-24, dated June 6, 2014. The service information describes procedures for an inspection, repair if necessary, and modification to reroute wiring harness installation to prevent contact with the hydraulic line. 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 NPRM.

    FAA's Determination and Requirements of This Proposed AD

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

    Costs of Compliance

    We estimate that this proposed AD affects 107 airplanes of U.S. registry.

    We also estimate that it would take about 4 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Required parts would cost about $64 per product. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $43,228, or $404 per product.

    We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this proposed AD. We have no way of determining the number of aircraft that might need these actions.

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

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Bombardier, Inc.: Docket No. FAA-2015-0929; Directorate Identifier 2014-NM-218-AD. (a) Comments Due Date

    We must receive comments by June 22, 2015.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Bombardier, Inc. Model BD-100-1A10 (Challenger 300) airplanes, certificated in any category, having serial numbers 20003 through 20382 inclusive, 20384, and 20386.

    (d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical Power.

    (e) Reason

    This AD was prompted by multiple reports of chafing found on an electrical wiring harness in the aft equipment bay, caused by contact between the wiring harness and a neighboring hydraulic line. We are issuing this AD to detect and correct chafing on an electrical wiring harness which could cause an electrical short circuit or lead to a malfunction of the flight control system, the engine indication system, or the hydraulic power control system; which could adversely affect the continued safe operation and landing of the airplane.

    (f) Compliance

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

    (g) Inspection, Repair, and Preventive Modification

    Within 36 months after the effective date of this AD, do the actions required by paragraph (g)(1) and (g)(2) of this AD.

    (1) Do a one-time general visual inspection to detect damage (including wear and chafing) of the wiring harness, in accordance with the Accomplishment Instructions of Bombardier, Inc. Service Bulletin 100-24-24, dated June 6, 2014. Repair any damage before further flight, in accordance with the Accomplishment Instructions of Bombardier, Inc. Service Bulletin 100-24-24, dated June 6, 2014; except, where Bombardier, Inc. Service Bulletin 100-24-24, dated June 6, 2014, specifies to contact Bombardier for repair instructions, repair using a method approved by the Manager, New York Aircraft Certification Office (ACO), ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval Organization (DAO).

    (2) Modify the wiring harness routing in accordance with the Accomplishment Instructions of Bombardier, Inc. Service Bulletin 100-24-24, dated June 6, 2014.

    (h) Definition of General Visual Inspection

    For the purposes of this AD, a general visual inspection is a visual examination of an interior or exterior area, installation, or assembly to detect obvious damage, failure, or irregularity. This level of inspection is made from within touching distance unless otherwise specified. A mirror may be necessary to ensure visual access to all surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or droplight and may require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to gain proximity to the area being checked.

    (i) Other FAA AD Provisions

    The following provisions also apply to this AD:

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

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

    (j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2014-32, dated September 8, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0929.

    (2) For service information identified in this AD, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone: 514-855-5000; fax: 514-855-7401; email [email protected]; Internet http://www.bombardier.com. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on April 13, 2015. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-10947 Filed 5-7-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-1275; Directorate Identifier 2014-NM-070-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to supersede Airworthiness Directive (AD) 2004-14-09, for certain Airbus Model A320-211, -212, and -231 airplanes. AD 2004-14-09 currently requires repetitive inspections for fatigue cracking of the lower surface panel on the wing center box, and repair if necessary; and modification of the lower surface panel on the wing center box, which constitutes terminating action for the repetitive inspections. Since we issued AD 2004-14-09, we have determined that, based on the average flight duration, the average weight of fuel at landing is higher than that defined for the analysis of the fatigue-related tasks; and that shot peening might have been improperly done on the chromic acid anodizing (CAA) protection, which would adversely affect fatigue crack protection. This proposed AD would reduce the compliance times for the repetitive inspections, and would require a repair for certain airplanes. We are proposing this AD to detect and correct fatigue cracking of the lower surface panel on the wing center box, which could result in reduced structural integrity of the airplane.

    DATES:

    We must receive comments on this proposed AD by June 22, 2015.

    ADDRESSES:

    You may send comments by any of the following methods:

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

    Fax: 202-493-2251.

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

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

    For service information identified in this proposed AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-1275; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-1149.

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-1275; Directorate Identifier 2014-NM-070-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments.

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

    Discussion

    On June 29, 2004, we issued AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004). AD 2004-14-09 requires actions intended to address an unsafe condition on the products listed above. AD 2004-14-09 superseded AD 98-22-05, Amendment 39-10851 (63 FR 56542, October 22, 1998).

    Since we issued AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), we have determined that, based on the average flight duration, the average weight of fuel at landing is higher than that defined for the analysis of the fatigue-related tasks; and that shot peening might have been improperly done on the CAA protection, which would adversely affect fatigue crack protection.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0065, dated March 14, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition on certain Model A320-211, -212, and -231 airplanes. The MCAI states:

    During center fuselage certification full scale test, damage was found in the center wing box (CWB) lower surface panel.

    This condition, if not detected and corrected, could affect the structural integrity of the CWB.

    To prevent such damage, Airbus developed mod 22418 which consists in shot-peening of the lower panel in the related area. Mod 22418 has been embodied in production from aeroplane [manufacturer serial number] (MSN) 0359. For unmodified in-service aeroplanes, Airbus issued Service Bulletin (SB) A320-57-1082 to introduce repetitive High Frequency Eddy Current (HFEC) inspections on the external face of the center wing box lower panel between Frame (FR) 41 and FR42 to detect damage.

    DGAC [Direction Générale de l'Aviation Civile] France issued AD 2002-342 [http://ad.easa.europa.eu/blob/20023420tb_superseded.pdf/AD_F-2002-342_1] to require these inspections and, depending on findings, applicable corrective action(s). Airbus also issued SB A320-57-1043 as an optional terminating action for the repetitive inspections required by DGAC France AD 2002-342.

    Since that [DGAC] AD was issued, the results of a survey, carried out on the A320 fleet, highlighted some differences between the mission parameters, mainly on the weight of fuel at landing and on the average flight duration, which are higher than those defined for the analysis of the fatigue related tasks.

    These findings have led to an adjustment of the A320 reference fatigue mission. Consequently, the threshold and intervals of these repetitive inspections have been revised and a new threshold figure expressed in flight hours (FH) has been established.

    In addition, it has been identified that, on aeroplanes that have been modified in accordance with Airbus SB A320-57-1043 (Airbus mod 22418) at Revision 05 or an earlier Revision, the shot peening may have been improperly done on the Chromic Acid Anodizing (CAA) protection, which has no fatigue benefit effect. Therefore, the inspections per Airbus SB A320-57-1082 are required again on these aeroplanes.

    Consequently, new shot-peening procedures with proper CAA protection removal instructions have been developed and their embodiment through Airbus SB A320-57-1043 Revision 06 cancels the repetitive inspections per Airbus SB A320-57-1082, as required by DGAC France AD 2002-342.

    For the reasons described above, this new [EASA] AD retains the requirements of DGAC France AD 2002-342, which is superseded, but requires these actions to be accomplished within reduced thresholds and intervals. In addition, the optional terminating action provision (SB A320-57-1043) is amended by including reference to the SB at Revision 06.

    The optional terminating action described in Airbus Service Bulletin A320-57-1043, Revision 06, dated December 5, 2013, is accomplishing shot peening in the radius of the milling step between stiffeners 13 and 14 near the fuel pump aperture.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-1275.

    Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-57-1043, Revision 06, dated December 5, 2013. This service bulletin describes procedures for shot peening in the radius of the milling step between stiffeners 13 and 14 near the fuel pump aperture.

    Airbus has also issued Service Bulletin A320-57-1082, Revision 04, dated December 5, 2013. This service bulletin describes procedures for inspections for cracking of the lower surface panel on the wing center box.

    The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. 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 NPRM.

    FAA's Determination and Requirements of This Proposed AD

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

    Costs of Compliance

    We estimate that this proposed AD affects 46 airplanes of U.S. registry.

    The actions that are required by AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), and retained in this proposed AD take about 25 work-hours per product, at an average labor rate of $85 per work-hour. Based on these figures, the estimated cost of the actions that were required by AD 2004-14-09 is $2,125 per product.

    The new requirements of this proposed AD would add no additional economic burden.

    We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this proposed AD. We have no way of determining the number of aircraft that might need these actions.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), and adding the following new AD: Airbus: Docket No. FAA-2014-1275; Directorate Identifier 2014-NM-070-AD. (a) Comments Due Date

    We must receive comments by June 22, 2015.

    (b) Affected ADs

    This AD replaces AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004).

    (c) Applicability

    This AD applies to Airbus Model A320-211, -212, and -231 airplanes, certificated in any category, all manufacturer serial numbers, except those on which Airbus Modification 22418 has been embodied in production.

    (d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

    (e) Reason

    This AD was prompted by a determination that, based on the average flight duration, the average weight of fuel at landing is higher than that defined for the analysis of the fatigue-related tasks; and that shot peening might have been improperly done on the chromic acid anodizing (CAA) protection, which would adversely affect fatigue crack protection. We are issuing this AD to detect and correct fatigue cracking of the lower surface panel on the wing center box (WCB), which could result in reduced structural integrity of the airplane.

    (f) Compliance

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

    (g) Retained Repetitive Inspections, With No Changes

    This paragraph restates the requirements of paragraph (a) of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with no changes. Except as provided by paragraph (k) of this AD: Prior to the accumulation of 20,000 total flight cycles, or within 60 days after November 27, 1998 (the effective date of AD 98-22-05, Amendment 39-10851 (63 FR 56542, October 22, 1998)), whichever occurs later, perform a high frequency eddy current (HFEC) inspection to detect fatigue cracking of the lower surface panel on the WCB, in accordance with Airbus Service Bulletin A320-57-1082, Revision 01, dated December 10, 1997; or Revision 03, dated April 30, 2002. Repeat the HFEC inspection thereafter at intervals not to exceed 7,500 flight cycles until the actions required by paragraph (i) of this AD are accomplished.

    (h) Retained Repair, With No Changes

    This paragraph restates the requirements of paragraph (b) of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with no changes. Except as provided by paragraph (j) of this AD, if any cracking is detected during any inspection required by paragraph (g) of this AD: Prior to further flight, repair in accordance with Airbus Service Bulletin A320-57-1082, Revision 01, dated December 10, 1997; or Revision 03, dated April 30, 2002. Accomplishment of the repair constitutes terminating action for the repetitive inspections required by paragraph (g) of this AD for the repaired area only.

    (i) Retained Inspection/Modification/Repair, With Terminating Action

    This paragraph restates the requirements of paragraph (c) of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with terminating action provided. Prior to the accumulation of 25,000 total flight cycles, or within 60 days after November 27, 1998 (the effective date of AD 98-22-05, Amendment 39-10851 (63 FR 56542, October 22, 1998)), whichever occurs later: Perform an HFEC inspection to detect fatigue cracking of the lower surface panel on the WCB, in accordance with Airbus Service Bulletin A320-57-1082, Revision 01, dated December 10, 1997; or Revision 03, dated April 30, 2002. Accomplishment of the initial inspection required by paragraph (p) of this AD constitutes terminating action for the inspection requirements of this paragraph.

    (1) If no cracking is detected: Prior to further flight, modify the lower surface panel on the WCB, in accordance with Airbus Service Bulletin A320-57-1043, Revision 02, dated May 14, 1997; or Revision 05, dated April 30, 2002. Accomplishment of the modification constitutes terminating action for the requirements of paragraph (g) of this AD.

    (2) Except as provided by paragraph (j) of this AD: If any cracking is detected, prior to further flight, repair in accordance with Airbus Service Bulletin A320-57-1082, Revision 01, dated December 10, 1997, or Revision 03, dated April 30, 2002; and modify any uncracked area, in accordance with Airbus Service Bulletin A320-57-1043, Revision 02, dated May 14, 1997, or Revision 05, dated April 30, 2002. Accomplishment of the repair of cracked area(s) and modification of uncracked area(s) constitutes terminating action for the requirements of paragraph (g) of this AD.

    (j) Retained Service Bulletin Exception, With No Changes

    This paragraph restates the requirements of paragraph (d) of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with no changes. If any cracking is detected during any inspection required by paragraph (h) or (i)(2) of this AD, and the applicable service bulletin specifies to contact Airbus for an appropriate action: Prior to further flight, repair using a method approved by the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate; or the Direction Générale de l'Aviation Civile (DGAC) (or its delegated agent).

    (k) Retained Provision for Certain Inspection Exception, With No Changes

    This paragraph restates the provision of paragraph (e) of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with no changes. The actions required by paragraph (g) of this AD are not required to be accomplished if the requirements of paragraph (i) of this AD are accomplished at the time specified in paragraph (g) of this AD.

    (l) Retained Initial Inspection, With Terminating Action

    This paragraph restates the requirements of paragraph (f) of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with terminating action provided. For airplanes on which neither the inspection required by paragraph (g) of this AD, nor the modification required by paragraph (i)(1) of this AD has been done before August 13, 2004 (the effective date of AD 2004-14-09): Perform an HFEC inspection to detect fatigue cracking of the lower surface panel on the WCB, in accordance with Airbus Service Bulletin A320-57-1082, Revision 01, dated December 10, 1997; or Revision 03, dated April 30, 2002; at the later of the times specified in paragraphs (l)(1) and (l)(2) of this AD. Accomplishment of the inspection required by this paragraph terminates the requirements of paragraph (g) of this AD. Accomplishment of the initial inspection required by paragraph (p) of this AD terminates the inspection requirements of this paragraph.

    (1) Prior to the accumulation of 13,200 total flight cycles or 39,700 total flight hours, whichever is first.

    (2) Prior to the accumulation of 20,000 total flight cycles, or within 3,500 flight cycles after August 13, 2004 (the effective date of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004)), whichever is later.

    (m) Retained Repetitive Inspections, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with no changes. If no cracking is detected during the inspection required by paragraph (g) or (l) of this AD: Repeat the inspection required by paragraph (l) of this AD at the applicable time specified in paragraph (m)(1) or (m)(2) of this AD. Accomplishment of the modification required by paragraph (i)(1) of this AD terminates the requirements of this paragraph.

    (1) For airplanes on which the inspections required by paragraph (g) of this AD have been initiated before August 13, 2004 (the effective date of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004)): Do the next inspection within 5,700 flight cycles after accomplishment of the last inspection, or within 1,800 flight cycles after August 13, 2004, whichever is later. Repeat the inspection thereafter at intervals not to exceed 5,700 flight cycles.

    (2) For airplanes on which no inspection required by paragraph (g) of this AD has been done before August 13, 2004 (the effective date of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004)): Do the next inspection within 5,700 flight cycles after accomplishment of the inspection required by paragraph (l) of this AD. Repeat the inspection thereafter at intervals not to exceed 5,700 flight cycles.

    (n) Retained Repair/Modification, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with no changes. If any cracking is detected during any inspection required by paragraph (l) or (m) of this AD, prior to further flight, repair in accordance with Airbus Service Bulletin A320-57-1082, Revision 01, dated December 10, 1997, or Revision 03, dated April 30, 2002; and modify any uncracked area, in accordance with Airbus Service Bulletin A320-57-1043, Revision 02, dated May 14, 1997, or Revision 05, dated April 30, 2002. Where Airbus Service Bulletin A320-57-1082 specifies to contact Airbus for an appropriate repair action: Prior to further flight, repair using a method approved by the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate; or the DGAC (or its delegated agent). Accomplishment of the repair of cracked area(s) and modification of uncracked area(s) constitutes terminating action for the requirements of paragraphs (g) through (n) of this AD.

    (o) New Requirement of This AD: Repair of Certain Airplanes

    For airplanes on which the actions described in Airbus Service Bulletin A320-57-1043 have not been accomplished, and on which a repair has been accomplished, as described in Airbus Service Bulletin A320-57-1082, dated October 31, 1996; Revision 01, dated December 10, 1997; Revision 02, dated July 26, 1999; or Revision 03, dated April 30, 2002: Within 30 days after the effective date of this AD, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; the European Aviation Safety Agency (EASA); or Airbus's EASA design organization approval (DOA).

    (p) New Requirement of This AD: Repetitive WCB Inspections

    At the applicable time specified in paragraphs (p)(1) and (p)(2) of this AD: Do an HFEC inspection for cracking of the lower surface panel on the WCB, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-57-1082, Revision 04, dated December 5, 2013. Repeat the inspection of the lower surface panel on the WCB thereafter at intervals not to exceed 7,200 flight cycles or 14,400 flight hours, whichever occurs first. Accomplishment of the initial inspection required by this paragraph terminates the inspections required by paragraphs (g), (i), and (l) of this AD.

    (1) For airplanes on which the actions described in Airbus Service Bulletin A320-57-1043 have not been done: At the later of the times specified in paragraphs (p)(1)(i) and (p)(1)(ii) of this AD.

    (i) Before the accumulation of 20,700 flight cycles or 41,400 flight hours, whichever occurs first since first flight of the airplane.

    (ii) Within 7,200 flight cycles or 14,400 flight hours, whichever occurs first after doing the most recent inspection as specified in Airbus Service Bulletin A320-57-1082, dated October 31, 1996; Revision 01, dated December 10, 1997; Revision 02, dated July 26, 1999; or Revision 03, dated April 30, 2002.

    (2) For airplanes on which the actions specified in Airbus Service Bulletin A320-57-1043, dated February 16, 1993; Revision 01, dated June 14, 1996; Revision 02, dated May 14, 1997; Revision 03, dated October 24, 1997; Revision 04, dated March 15, 1999; or Revision 05, dated April 30, 2002; have been done: At the latest of the times specified in paragraphs (p)(2)(i), (p)(2)(ii), and (p)(2)(iii) of this AD.

    (i) Within 7,200 flight cycles or 14,400 flight hours, whichever occurs first since doing the actions specified in Airbus Service Bulletin A320-57-1043.

    (ii) Within 3,750 flight cycles or 7,500 flight hours, whichever occurs first after July 31, 2012 (as described in Airbus Service Bulletin A320-57-1082, Revision 04, dated December 5, 2013).

    (iii) Within 850 flight cycles or 1,700 flight hours, whichever occurs first after the effective date of this AD.

    (q) New Requirement of This AD: Repair of WCB

    If any crack is found during any inspection required by paragraph (p) of this AD: Before further flight, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; the EASA; or Airbus's EASA DOA.

    (r) New Optional Terminating Action

    Modification of an airplane, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-57-1043, Revision 06, dated December 5, 2013, constitutes terminating action for the actions required by paragraph (p) of this AD.

    (s) Credit for Previous Actions

    This paragraph provides credit for applicable actions required by paragraphs (g) through (n) of this AD, if those actions were performed before the effective date of this AD using the applicable Airbus Service Information provided in paragraphs (s)(1) through (s)(8) of this AD.

    (1) Airbus Service Bulletin A320-57-1043, dated February 16, 1993, which is not incorporated by reference in this AD.

    (2) Airbus Service Bulletin A320-57-1043, Revision 01, dated June 14, 1996, which is not incorporated by reference in this AD.

    (3) Airbus Service Bulletin A320-57-1043, Revision 02, dated May 14, 1997, which was incorporated by reference on November 27, 1998 (63 FR 56542, October 22, 1998).

    (4) Airbus Service Bulletin A320-57-1043, Revision 03, dated October 24, 1997, which is not incorporated by reference in this AD.

    (5) Airbus Service Bulletin A320-57-1043, Revision 04, dated May 15, 1999, which is not incorporated by reference in this AD.

    (6) Airbus Service Bulletin A320-57-1082, Revision 01, dated December 10, 1997, which was incorporated by reference on November 27, 1998 (63 FR 56542, October 22, 1998).

    (7) Airbus Service Bulletin A320-57-1082, Revision 02, dated July 26, 1999, which is not incorporated by reference in this AD.

    (8) Airbus Service Bulletin A320-57-1082, Revision 03, dated April 30, 2002, which was incorporated by reference on August 13, 2004 (69 FR 41398, July 9, 2004).

    (t) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; 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.

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

    (u) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014-0065, dated March 14, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-1275.

    (2) For service information identified in this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on April 29, 2015. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-10949 Filed 5-7-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2014-0565; Airspace Docket No. 14-ACE-7] Proposed Revocation of Class D and E Airspace; Independence, KS AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Supplemental notice of proposed rulemaking (SNPRM).

    SUMMARY:

    This supplemental notice of proposed rulemaking proposes to remove Class D airspace and Class E surface area airspace at Independence Municipal Airport, Independence, KS. In an NPRM published in the Federal Register September 25, 2014, the FAA proposed to remove Class D airspace at Independence Municipal Airport, Independence, KS. The FAA has reassessed the proposal to include the removal of the associated Class E surface area airspace. The closure of the airport's air traffic control tower has necessitated the need for this proposal.

    DATES:

    Comments must be received on or before June 22, 2015.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You must identify the docket number FAA-2014-0565/Airspace Docket No. 14-ACE-7, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527) is on the ground floor of the building at the above address.

    FAA Order 7400.9Y, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this proposed incorporation by reference material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

    FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15. For further information, you can contact the Airspace Policy and Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8783.

    FOR FURTHER INFORMATION CONTACT:

    Raul Garza, Jr., Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 817-321-7654.

    SUPPLEMENTARY INFORMATION:

    History

    On September 25, 2014, the FAA published a NPRM to remove Class D airspace at Independence Municipal Airport, Independence, KS, as the air traffic control tower has closed (79 FR 57483). The comment period closed November 10, 2014. No comments were received. Subsequent to publication, the FAA reassessed the proposal to include the removal of the associated Class E surface area airspace at Independence Municipal Airport, Independence, KS. Also, the title section is amended to include Class E airspace. The FAA seeks comments on this SNPRM.

    Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2014-0565/Airspace Docket No. 14-ACE-7.” The postcard will be date/time stamped and returned to the commenter.

    Availability of SNPRMs

    An electronic copy of this document may be downloaded through the Internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Central Service Center, 2601 Meacham Blvd., Fort Worth, TX 76137.

    Persons interested in being placed on a mailing list for future NPRMs should contact the FAA's Office of Rulemaking (202) 267-9677, to request a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.

    Availability and Summary of Documents Proposed for Incorporation by Reference

    This document proposes to amend FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014. FAA Order 7400.9Y is publicly available as listed in the ADDRESSES section of this proposed rule. FAA Order 7400.9Y lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Supplemental Proposal

    This supplemental proposal proposes to amend Title 14, Code of Federal Regulations (14 CFR), Part 71 by removing Class D airspace and the associated Class E surface area airspace at Independence Municipal Airport, Independence, KS. The closing of the airport's air traffic control tower has made this action necessary. Also, the Title section is amended to read “Proposed Revocation of Class D and E Airspace; Independence, KS”.

    Class D and E airspace areas are published in Paragraph 5000 and 6002, respectively, of FAA Order 7400.9Y, dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR 71.1. The Class D and E airspace designations listed in this document will be published subsequently in the Order.

    The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore, (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, would not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would amend controlled airspace at Independence Municipal Airport, KS.

    Environmental Review

    This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

    The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014 is amended as follows: Paragraph 5000 Class D Airspace ACE KS D Independence, KS [Removed] Paragraph 6002 Class E Airspace Designated as Surface Areas ACE KS E2 Independence, KS [Removed] Issued in Fort Worth, TX, on April 28, 2015. Humberto D. Melendez, Acting Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2015-10515 Filed 5-7-15; 8:45 am] BILLING CODE 4910-14-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2014-1067; Airspace Docket No. 14-ANM-15] Proposed Establishment and Amendment of Class E Airspace; Bremerton, WA AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to establish and modify Class E airspace at Bremerton National Airport, Bremerton, WA, to accommodate new Standard Instrument Approach Procedures (SIAPs) at Bremerton National airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.

    DATES:

    Comments must be received on or before June 22, 2015.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-9826. You must identify FAA Docket No. FAA-2014-1067; Airspace Docket No. 14-ANM-15, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527), is on the ground floor of the building at the above address.

    FAA Order 7400.9Y, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this proposed incorporation by reference material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

    FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15. For further information, you can contact the Airspace Policy and Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8783.

    FOR FURTHER INFORMATION CONTACT:

    Steve Haga, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4563.

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2014-1067/Airspace Docket No. 14-ANM-15.” The postcard will be date/time stamped and returned to the commenter.

    Availability of NPRMs

    An electronic copy of this document may be downloaded through the Internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the ADDRESSES section for the address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined during normal business hours at the Northwest Mountain Regional Office of the Federal Aviation Administration, Air Traffic Organization, Western Service Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA 98057.

    Persons interested in being placed on a mailing list for future NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, for a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.

    Availability and Summary of Documents Proposed for Incorporation by Reference

    This document proposes to amend FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014. FAA Order 7400.9Y is publicly available as listed in the ADDRESSES section of this proposed rule. FAA Order 7400.9Y lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) Part 71 by modifying Class E surface area airspace and establishing Class E airspace extending upward from 700 feet above the surface at Bremerton National Airport, Bremerton, WA. After a review of the airspace, the FAA found modification of the airspace necessary for the safety and management of aircraft departing and arriving under IFR operations at the airport. Class E surface area airspace would be adjusted to be defined from the Bremerton National Airport reference point versus the Kitsap NDB, with segments extending from the 4.1-mile radius of the airport to 7 miles southwest, and 6.1 miles northeast of the airport. Class E airspace extending upward from 700 feet above the surface would be established within a 6.1-mile radius of the airport, with segments extending from the 6.1-mile radius to 8.1 miles southwest, and 7.6 miles northeast of the airport.

    Class E airspace designations are published in paragraph 6002, and 6005, respectively, of FAA Order 7400.9Y, dated August 6, 2014 and effective September 15, 2014, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

    The FAA has determined this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this proposed regulation (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified this proposed rule, when promulgated, would not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes the authority for the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would amend controlled airspace at Bremerton National Airport, Bremerton, WA.

    Environmental Review

    This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014, is amended as follows: Paragraph 6002 Class E Airspace Designated as Surface Areas ANM WA E2 Bremerton, WA [Amended] Bremerton National Airport, WA (Lat. 47°29′25″ N., long. 122°45′53″ W.)

    That airspace within a 4.1-mile radius of Bremerton National Airport, and within 2 miles each side of the 33° bearing from the airport extending from the 4.1-mile radius to 6.1 miles northeast of the airport, and within 2 miles each side of the 213° bearing from the airport extending from the 4.1-mile radius to 6.1 miles southwest of the airport. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory.

    Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ANM WA E5 Bremerton, WA [New] Bremerton National Airport, WA (Lat. 47°29′34″ N., long. 122°45′53″ W.)

    That airspace extending upward from 700 feet above the surface within 2 miles each side of the 33° bearing from Bremerton National Airport extending from 6.1-miles to 7.6 miles northeast of the airport, and within 2 miles each side of the 213° bearing from the airport extending from the 6.1-mile radius of the airport to 8.1 miles southwest of the airport.

    Issued in Seattle, Washington, on April 27, 2015. Christopher Ramirez, Acting Manager, Operations Support Group, Western Service Center, AJV-W2.
    [FR Doc. 2015-10499 Filed 5-7-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF COMMERCE Office of the Secretary 15 CFR Part 4 [Docket No. 150324296-5296-01] RIN 0605-AA38 Public Information, Freedom of Information Act and Privacy Act Regulations AGENCY:

    Department of Commerce.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    This rule proposes revisions to the Department of Commerce's (Department) regulations under the Privacy Act. The Privacy Act regulations are being updated to make technical changes to the applicable exemptions.

    DATES:

    To be considered, written comments must be submitted on or before June 8, 2015.

    Unless comments are received, the amended system of records will become effective as proposed on the date of publication of a subsequent notice in the Federal Register.

    ADDRESSES:

    You may submit comments, identified by Regulatory Information Number (RIN) 0605-AA38, by any of the following methods:

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

    Fax: (202) 482-0827. Include the RIN 0605-AA38 in the subject line.

    Mail: Ms. Brenda Dolan, Departmental Freedom of Information & Privacy Act Officer, Office of Privacy and Open Government, U.S. Department of Commerce, 1401 Constitution Avenue NW., Suite A300, Room A326, Washington, DC 20230.

    Instructions: All submissions received must include the agency name and docket number or RIN for this rulemaking. All comments received will be posted without change to regulations.gov, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Participation” heading of the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Brenda Dolan, Departmental Freedom of Information & Privacy Act Officer, Office of Privacy and Open Government, U.S. Department of Commerce, 202-482-3258.

    SUPPLEMENTARY INFORMATION:

    Public Participation: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by the Department. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be posted online, you must include the phrase “PERSONAL IDENTIFYING INFORMATION” in the first paragraph of your comment. You must also locate all the personal identifying information you do not want posted online in the first paragraph of your comment and identify what information you want redacted. If you want to submit confidential business information as part of your comment but do not want it to be posted online, you must include the phrase “CONFIDENTIAL BUSINESS INFORMATION” in the first paragraph of your comment. You must also prominently identify confidential business information to be redacted within the comment. If a comment has so much confidential business information that it cannot be effectively redacted, all or part of the comment may not be posted on http://www.regulations.gov.

    Personal identifying information and confidential business information identified and located as set forth above will be placed in the agency's public docket file, but not posted online. If you wish to inspect the agency's public docket file in person by appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph.

    This rule proposes revisions to the Department's regulations under the Privacy Act. In particular, the action will amend the Department's Privacy Act regulations regarding applicable exemptions to reflect new Department wide systems of records notices published since the last time the regulations were updated. The revisions of the Privacy Act regulations in subpart B of part 4 incorporate changes to the language of the regulations in the following provisions: § 4.33 (General exemptions); and § 4.34 (Specific exemptions).

    Dated: April 28, 2015. Catrina D. Purvis, Chief Privacy Officer and Director for Open Government.

    For the reasons stated in the preamble, the Department of Commerce proposes to amend 15 CFR part 4 as follows:

    PART 4—[AMENDED] 1. The authority citation for part 4 continues to read as follows: Authority:

    5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 553; 31 U.S.C. 3717; 41 U.S.C. 3101; Reorganization Plan No. 5 of 1950.

    2. Amend § 4.33 by adding paragraph (b)(4) to read as follows;
    § 4.33 General exemptions.

    (4) Access Control and Identity Management System—COMMERCE/DEPT-25. Pursuant to 5 U.S.C. 552a(j)(2), these records are hereby determined to be exempt from all provisions of the Act, except 5 U.S.C. 552a(b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i). These exemptions are necessary to ensure the proper functioning of the law enforcement activity, to protect confidential sources of information, to fulfill promises of confidentiality, to maintain the integrity of the law enforcement process, to avoid premature disclosure of the knowledge of criminal activity and the evidentiary bases of possible enforcement actions, to prevent interference with law enforcement proceedings, to avoid disclosure of investigative techniques, and to avoid endangering law enforcement personnel.

    3. Amend § 4.34 by revising paragraphs (a)(1), paragraph (b) introductory text, paragraphs (b)(1). (b)(2)(i), (b)(2)(i)(C), (b)(2)(i)(F) and (b)(4)(i).
    § 4.34 Specific exemptions.

    (a)(1) Certain systems of records under the Act that are maintained by the Department may occasionally contain material subject to 5 U.S.C. 552a(k)(1), relating to national defense and foreign policy materials. The systems of records published in the Federal Register by the Department that are within this exemption are: COMMERCE/BIS-1, COMMERCE/ITA-2, COMMERCE/ITA-3, COMMERCE/NOAA-5, COMMERCE-PAT-TM-4, COMMERCE/DEPT-12, COMMERCE/DEPT-13, COMMERCE/DEPT-14, and COMMERCE/DEPT-25.

    (b) The specific exemptions determined to be necessary and proper with respect to systems of records maintained by the Department, including the parts of each system to be exempted, the provisions of the Act from which they are exempted, and the justification for the exemption, are as follows:

    (1) Exempt under 5 U.S.C. 552a(k)(1). The systems of records exempt hereunder appear in paragraph (a) of this section. The claims for exemption of COMMERCE/DEPT-12, COMMERCE/ITA-1, COMMERCE/NOAA-5, and COMMERCE/DEPT-25 under this paragraph are subject to the condition that the general exemption claimed in § 4.33(b) is held to be invalid.

    (2)(i) Exempt under 5 U.S.C. 552a(k)(2). The systems of records exempt (some only conditionally), the sections of the Act from which exempted, and the reasons therefor are as follows:

    (C) Fisheries Law Enforcement Case Files—COMMERCE/NOAA-5, but only on condition that the general exemption claimed in § 4.33(b)(2) is held to be invalid;

    (F) Access Control and Identity Management System—COMMERCE/DEPT-25, but only on condition that the general exemption claimed in § 4.33(b)(4) is held to be invalid;

    (4)(i) Exempt under 5 U.S.C. 552a(k)(5). The systems of records exempt (some only conditionally), the sections of the Act from which exempted, and the reasons therefor are as follows:

    (A) Applications to U.S. Merchant Marine Academy (USMMA)—COMMERCE/MA-1;

    (B) USMMA Midshipman Medical Files—COMMERCE/MA-17;

    (C) USMMA Midshipman Personnel Files—COMMERCE/MA-18;

    (D) USMMA Non-Appropriated Fund Employees—COMMERCE/MA-19;

    (E) Applicants for the NOAA Corps—COMMERCE/NOAA-1;

    (F) Commissioned Officer Official Personnel Folders—COMMERCE/NOAA-3;

    (G) Conflict of Interest Records, Appointed Officials—COMMERCE/DEPT-3:

    (H) Investigative and Inspection Records—COMMERCE/DEPT-12, but only on condition that the general exemption claimed in § 4.33(b)(3) is held to be invalid;

    (I) Investigative Records— Persons within the Investigative Jurisdiction of the Department COMMERCE/DEPT-13;

    (J) Litigation, Claims, and Administrative Proceeding Records—COMMERCE/DEPT-14; and

    (K) Access Control and Identity Management System—COMMERCE/DEPT-25, but only on condition that the general exemption claimed in § 4.33(b)(4) is held to be invalid.

    [FR Doc. 2015-10451 Filed 5-7-15; 8:45 am] BILLING CODE 3510-BX-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-102656-15; REG-107548-11] RIN 1545-BM61; 1545-BK10 Notional Principal Contracts; Swaps With Nonperiodic Payments AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Withdrawal of notice of proposed rulemaking; notice of proposed rulemaking by cross-reference to temporary regulations.

    SUMMARY:

    In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing final and temporary regulations that amend the treatment of nonperiodic payments made or received pursuant to certain notional principal contracts. These regulations provide that, subject to certain exceptions, a notional principal contract with a nonperiodic payment, regardless of whether it is significant, must be treated as two separate transactions consisting of one or more loans and an on-market, level payment swap. The regulations provide an exception from the definition of United States property. These regulations affect parties making and receiving payments under notional principal contracts, including United States shareholders of controlled foreign corporations and tax-exempt organizations. The text of the temporary regulations also serves as the text of these proposed regulations. This document withdraws the notice of proposed rulemaking (REG-107548-11; RIN 1545-BK10) published in the Federal Register on May 11, 2012 (77 FR 27669).

    DATES:

    Comments and requests for a public hearing must be received by August 6, 2015.

    ADDRESSES:

    Send submissions to CC:PA:LPD:PR (REG-102656-15), Room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand-delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-102656-15), Courier's Desk, Internal Revenue Service, 1111 Constitution Avenue NW., Washington, DC 20224, or sent electronically via the Federal eRulemaking Portal at www.regulations.gov (IRS REG-102656-15).

    FOR FURTHER INFORMATION CONTACT:

    Concerning the proposed regulations under section 446, Alexa T. Dubert or Anna H. Kim at (202) 317-6895; concerning the proposed regulations under section 956, Kristine A. Crabtree at (202) 317-6934; concerning submissions of comments or to request a public hearing, Oluwafunmilayo Taylor, (202) 317-6901 (not toll-free numbers).

    SUPPLEMENTARY INFORMATION: Background and Explanation of Provisions

    On May 11, 2012, the Treasury Department and the IRS published temporary regulations under section 956 (TD 9589) in the Federal Register (77 FR 27612). On the same date, a notice of proposed rulemaking (REG-107548-11) by cross-reference to the temporary regulations was published in the Federal Register (77 FR 27669). This document withdraws those proposed regulations (REG-107548-11; RIN 1545-BK10) and provides new proposed regulations (REG-102656-15).

    Final and temporary regulations in the Rules and Regulations section of this issue of the Federal Register amend the Income Tax Regulations (26 CFR part 1). The final and temporary regulations amend the regulations under section 446 of the Internal Revenue Code (Code) relating to the treatment of nonperiodic payments made or received pursuant to certain notional principal contracts for U.S. federal income tax purposes. The final and temporary regulations also amend the regulations under section 956 of the Code regarding an exception from the definition of United States property. The text of the final and temporary regulations also serves as the text of these proposed regulations. The preamble to the final and temporary regulations explains those regulations and these proposed regulations.

    Special Analyses

    It has been determined that this notice of proposed rulemaking is not a significant regulatory action as defined in Executive Order 12866, as supplemented by Executive Order 13653. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because these regulations do not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Code, this notice of proposed rulemaking has been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small entities.

    Comments and Requests for Public Hearing

    Before these proposed regulations are adopted as final regulations, consideration will be given to any comments that are submitted timely to the IRS as prescribed in this preamble under the Addresses heading. The Treasury Department and the IRS request comments on all aspects of the proposed rules. All comments will be available at www.regulations.gov or upon request. A public hearing will be scheduled if requested in writing by any person that timely submits written comments. If a public hearing is scheduled, notice of the date, time, and place for the hearing will be published in the Federal Register.

    Drafting Information

    The principal authors of these regulations are Alexa T. Dubert and Anna H. Kim of the Office of Associate Chief Counsel (Financial Institutions and Products). However, other personnel from the Treasury Department and the IRS participated in their development.

    List of Subjects in 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

    Withdrawal of Notice of Proposed Rulemaking

    Accordingly, under the authority of 26 U.S.C. 7805, the notice of proposed rulemaking (REG-107548-11 and RIN 1545-BK10) that was published in the Federal Register on May 11, 2012 (77 FR 27669) is withdrawn.

    Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 1 is proposed to be amended as follows:

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

    26 U.S.C. 7805 * * *

    Par. 2. Section 1.446-3 is amended by: 1. Revising paragraph (g)(4). 2. Revising paragraph (g)(6), Examples 2, 3 and 4. 3. Revising paragraph (j)(2).

    The revisions read as follows:

    § 1.446-3 Notional principal contracts.

    (g) * * *

    (4) [The text of the proposed amendment to § 1.446-3(g)(4) is the same as the text of § 1.446-3T(g)(4) published elsewhere in this issue of the Federal Register].

    (6) * * *

    Example 2.

    [The text of proposed amendment to § 1.446-3(g)(6) Example 2 is the same as the text of § 1.446-3T(g)(6) Example 2 published elsewhere in this issue of the Federal Register].

    Example 3.

    [The text of proposed amendment to § 1.446-3(g)(6) Example 3 is the same as the text of § 1.446-3T(g)(6) Example 3 published elsewhere in this issue of the Federal Register].

    Example 4.

    [The text of proposed amendment to § 1.446-3(g)(6) Example 4 is the same as the text of § 1.446-3T(g)(6) Example 4 published elsewhere in this issue of the Federal Register].

    (j) * * *

    (2) [The text of the proposed amendment to § 1.446-3(j)(2) is the same as the text of § 1.446-3T(j)(2) published elsewhere in this issue of the Federal Register].

    Par. 3. Section 1.956-2 is amended by revising paragraphs (b)(1)(xi) and (f) to read as follows:
    § 1.956-2 Definition of United States property.

    (b)(1)(xi) [The text of this proposed amendment is the same as the text of § 1.956-2T(b)(1)(xi) published elsewhere in this issue of the Federal Register].

    (f) [The text of this proposed amendment is the same as the text of § 1.956-2T(f) published elsewhere in this issue of the Federal Register].

    John M. Dalrymple, Deputy Commissioner for Services and Enforcement.
    [FR Doc. 2015-11093 Filed 5-7-15; 8:45 am] BILLING CODE 4830-01-P
    NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Information Security Oversight Office 32 CFR Part 2002 [FDMS No. NARA-15-0001; NARA-2015-037] RIN 3095-AB80 Controlled Unclassified Information AGENCY:

    Information Security Oversight Office, NARA.

    ACTION:

    Proposed rule.

    SUMMARY:

    As the Federal Government's Executive Agent for Controlled Unclassified Information (CUI), the Information Security Oversight Office (ISOO) of the National Archives and Records Administration (NARA) implements the Federal Government-wide CUI Program. As part of that responsibility, ISOO proposes this rule to establish policy for agencies on designating, safeguarding, disseminating, marking, decontrolling, and disposing of CUI, self-inspection and oversight requirements, and other facets of the Program.

    DATES:

    Submit comments on or before July 7, 2015.

    ADDRESSES:

    You may submit comments, identified by RIN 3095-AB80, by any of the following methods:

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

    Email: [email protected] Include RIN 3095-AB80 in the subject line of the message.

    Fax: 301-837-0319. Include RIN 3095-AB80 in the subject line of the fax cover sheet.

    Mail (for paper, disk, or CD-ROM submissions. Include RIN 3095-AB80 on the submission): Regulations Comment Desk, Strategy Division (SP); Suite 4100; National and Archives Records Administration; 8601 Adelphi Road; College Park, MD 20740-6001.

    Hand delivery or courier: Deliver comments to front desk at the address above.

    Instructions: All submissions must include NARA's name and the regulatory information number for this rulemaking (RIN 3095-AB80). We may publish any comments we receive without changes, including any personal information you include.

    FOR FURTHER INFORMATION CONTACT:

    Kimberly Keravuori, by email at [email protected], or by telephone at 301-837-3151. You may also find more information about the CUI Program, and some FAQs, on NARA's Web site at http://www.archives.gov/cui/.

    SUPPLEMENTARY INFORMATION:

    Background. The President is committed to making the Government more open to the American people, as outlined in his January 21, 2009, memorandum to the heads of executive branch agencies. However, the Government must still protect some unclassified information, pursuant to and consistent with applicable laws, regulations, and Government-wide policies. This information is called Controlled Unclassified Information (CUI).

    Prior to Executive Order 13556, Controlled Unclassified Information, 75 FR 68675 (November 4, 2010) (the Order), more than 100 different markings for such information existed across the executive branch. This ad hoc, agency-specific approach created inefficiency and confusion, led to a patchwork system that failed to adequately safeguard information requiring protection, and unnecessarily restricted information-sharing.

    As a result, the Order established the CUI Program to standardize the way the executive branch handles information that requires safeguarding or dissemination controls (excluding information that is classified under Executive Order 13526, Classified National Security Information, 75 FR 707 (December 29, 2009), or any predecessor or successor order; or the Atomic Energy Act of 1954 (42 U.S.C. § 2011, et seq.), as amended.

    To develop policy and provide oversight for the CUI Program, the Order also appointed NARA as the CUI Executive Agent. NARA has delegated this authority to the Director of ISOO, a NARA component.

    Regulatory Analysis Review Under Executive Orders 12866 and 13563

    Executive Order 12866, Regulatory Planning and Review, 58 FR 51735 (September 30, 1993), and Executive Order 13563, Improving Regulation and Regulation Review, 76 FR 23821 (January 18, 2011), direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). This proposed rule is “significant” under section 3(f) of Executive Order 12866 because it sets out a new program for Federal agencies. The Office of Management and Budget (OMB) has reviewed this regulation.

    Review Under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.)

    This review requires an agency to prepare an initial regulatory flexibility analysis and publish it when the agency publishes the proposed rule. This requirement does not apply if the agency certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities (5 U.S.C. 603). NARA certifies, after review and analysis, that this proposed rule will not have a significant adverse economic impact on small entities. However, information on the number of small entities contracting, or wishing to contract, with the executive branch that have not already implemented appropriate information systems standards for handling CUI is unreported and difficult to collect, in part because it could reflect adversely on a contractor in other ways. As a result, while NARA believes from all available information that the economic impact would be minimal, if any, we are opening this issue to public comment in addition to the content of the proposed rule, in case reviewers have additional information to the contrary that was not available to NARA.

    The CUI Program provides a unified system for handling unclassified information that requires safeguarding or dissemination controls, and sets consistent, executive branch-wide standards and markings for doing so. The CUI Program has established controls pursuant to and consistent with already-existing applicable law, Federal regulations, and Government-wide policy. However, because those authorities, as well as ad hoc agency policies and practices, were often applied in different ways by different agencies, the CUI Program also establishes unambiguous policy, requirements, and consistent standards.

    The Order establishes that the CUI Executive Agent, designated as NARA, “shall develop and issue such directives as are necessary” to implement the CUI Program (Section 4b). NARA has delegated this authority to the Director of the Information Security Oversight Office (ISOO). Consistent with this tasking, and with the CUI Program's mission to establish uniform policies and practices across the Federal Government, NARA is issuing a regulation, to establish the required controls and markings Government-wide. There is no viable alternative to a rule for meeting the Order's mandate to establish consistent information security standards Government-wide. A regulation binds agencies throughout the executive branch to uniformly apply the Program's standard safeguards, markings, and disseminating and decontrol requirements. The proposed rule contains a consistent program that NARA developed in consultation with affected stakeholders, including private industry and Federal agencies. While developing this program, NARA conducted working group discussions and surveys, consolidated and streamlined current practices, and developed initial drafts that underwent both formal and informal agency comment and CUI Executive Agent comment adjudication for individual policy elements.

    NARA believes that this proposed rule will benefit industry that contracts with the Federal Government, including small businesses. In the present contractor environment, differing requirements and conflicting guidance from agencies for the same types of information gives rise to confusion and inefficiencies for contractors working with more than one agency or handling information originating from different agencies. A single standard that de-conflicts requirements for contractors or potential contractors when contracting with multiple Government agencies will be simpler to execute and reduce costs. Because the regulation's uniform controls derive from already-required laws, regulations, and Government-wide policies, the standards are already ones with which businesses should be complying and the impact of the rule should be minimal or non-existent.

    Those entities that currently do not implement information systems security controls for CUI consistent with requirements contained in the regulation will need to make changes and implement new practices, which could therefore have an impact on such businesses. Consistent with the Order, these requirements are based on applicable Government-wide standards and guidelines issued by the National Institute of Standards and Technology (NIST), and applicable policies established by OMB (Section 6a3). These standards, which OMB and NIST established, have been in effect for some time, and were not created by this proposed rule. Rather, the proposed rule requires use of these standards in the same way throughout the executive branch, thereby reducing current complexity for agencies and contractors. The potential impact on businesses currently not in compliance with these standards arises from the possibility that some might need to take actions to bring themselves into compliance with already-existing requirements if they are not already. From all available information, NARA believes this impact will be minimal, but reporting on non-compliance with these OMB and NIST standards is limited. If any businesses are not in compliance with these requirements, or are substantially out of compliance, the impact on those entities may be significant.

    NARA has taken steps, however, to alleviate the difficulty for contractors and small businesses of complying with information systems requirements, whether they already comply or will need to comply in future. Many of the security controls contained in the NIST guidelines are specific to Government systems, and thus have been difficult for contractors to implement with their own already-existing systems. This has also limited some businesses from competing for Federal contracts. Non-Federal systems are often built using different processes from the Government-specific ones outlined in the NIST guidelines, even while achieving the same standard of protection as set forth in the Federal Information Processing Standards (FIPS). NARA has therefore partnered with NIST to develop a special publication on applying the information systems security requirements in the contractor environment. Doing so should make it easier for businesses to comply with the standards using the systems they already have in place, rather than trying to use the Government-specific approaches currently described. This publication has already undergone one round of public comment as NIST SP-800-171 and is undergoing a second round of public comment until May 12, 2015; we expect to finalize it in June 2015.

    The CUI Executive Agent is also planning a single Federal Acquisitions Regulation (FAR) clause that will apply the requirements of the proposed rule to the contractor environment and further promote standardization to benefit a substantial number of businesses, including small entities that may be struggling to meet the current range and type of contract clauses. In the process of this three-part plan (rule, NIST publication, standard FAR clause), businesses will not only receive streamlined and uniform requirements for any unclassified information security needs, but will have information systems requirements tailored to contractor systems, allowing the businesses to help develop the requirements and to be in compliance with Federal uniform standards with less difficulty than currently. Businesses that currently meet all standards will have a clearer and easier time doing so in the future with virtually no negative impact, and businesses that do not currently meet standards will be able to bring themselves into compliance more easily as well, thus reducing the potential impact coming into compliance would have on them.

    Despite all of this, there may still be a significant impact on small businesses, related to bringing themselves into compliance with existing standards that will be applied uniformly under this rule. NARA does not have data on how many small businesses may be impacted by this rule, or to what degree, because such information on compliance with the standards involved is not tracked for small businesses. NARA therefore opens this topic for input from small businesses during the public comment period.

    Review Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This proposed rule does not contain any information collection requirements subject to the Paperwork Reduction Act.

    Review Under Executive Order 13132, Federalism, 64 FR 43255 (August 4, 1999)

    Review under Executive Order 13132 requires that agencies review regulations for Federalism effects on the institutional interest of states and local governments, and, if the effects are sufficiently substantial, prepare a Federal assessment to assist senior policy makers. This proposed rule will not have any direct effects on State and local governments within the meaning of the Executive Order. Therefore, no Federalism assessment is required.

    List of Subjects in 32 CFR Part 2002

    Administrative practice and procedure, Archives and records, Controlled unclassified information, Freedom of information, Government in the Sunshine Act, Information, Information security, National security information, Open government, Privacy.

    For the reasons stated in the preamble, NARA proposes to amend 32 CFR, Chapter XX, by adding part 2002 to read as follows:

    PART 2002—CONTROLLED UNCLASSIFIED INFORMATION (CUI) Subpart A—General Information Sec. 2002.1 Purpose and scope. 2002.2 Definitions. 2002.3 CUI Executive Agent. 2002.4 Roles and responsibilities. Subpart B—Key Elements of the CUI Program 2002.10 The CUI Registry. 2002.11 CUI categories and subcategories. 2002.12 Safeguarding. 2002.13 Accessing and disseminating. 2002.14 Decontrolling. 2002.15 Marking. 2002.16 Waivers of CUI requirements in exigent circumstances. 2002.17 Limitations on applicability of agency CUI policies. Subpart C—CUI Program Management 2002.20 Education and training. 2002.21 Agency self-inspection program. 2002.22 Challenges to designation of information as CUI. 2002.23 Dispute resolution. 2002.24 Misuse of CUI. 2002.25 Sanctions for misuse of CUI. 2002.26 Transfer of records. 2002.27 CUI and the Freedom of Information Act (FOIA). 2002.28 CUI and the Privacy Act. Authority:

    E.O. 13556, 75 FR 68675, 3 CFR, 2010 Comp., pp. 267-270.

    Subpart A—General Information
    § 2002.1 Purpose and scope.

    (a) This part describes the executive branch's Controlled Unclassified Information (CUI) Program (the CUI Program) and establishes policy for designating, handling, and decontrolling information that qualifies as CUI.

    (b) The CUI Program standardizes the way the executive branch handles sensitive information that requires protection under laws, regulations, or Government-wide policies, but that does not qualify as classified under Executive Order 13526, Classified National Security Information, December 29, 2009 (3 CFR, 2010 Comp., p. 298), or the Atomic Energy Act of 1954 (42 U.S.C. 2011, et seq.), as amended.

    (c) Prior to the CUI Program, agencies often employed ad hoc, agency-specific policies, procedures, and markings to handle this information. This patchwork approach caused agencies to mark and handle information inconsistently, implement unclear or unnecessarily restrictive disseminating policies, and create obstacles to sharing information.

    (d) An executive branch-wide CUI policy balances the need to safeguard CUI with the public interest in sharing information appropriately and without unnecessary burdens.

    (e) This part applies to all executive branch agencies that designate or handle information that meets the standards for CUI. This part also applies, by extension, to agency practices involving non-executive branch CUI recipients, as follows:

    (1) Contractors handling CUI for an agency. Executive branch agencies must include a requirement to comply with Executive Order 13556, Controlled Unclassified Information, November 4, 2010 (3 CFR, 2011 Comp., p. 267) (the Order), and this part in all contracts that require a contractor to handle CUI for the agency. The contractual requirement must be consistent with standards prescribed by the CUI Executive Agent.

    (2) Other non-executive branch entities. When feasible, executive branch agencies should enter formal information-sharing agreements and include a requirement that any non-executive branch party to the agreement comply with the Order, this part, and the CUI Registry. When an agency's mission requires it to disseminate CUI without entering into an information-sharing agreement, the agency must communicate to the recipient that because of the sensitive nature of the information, the Government strongly encourages the non-executive branch entity to protect CUI consistent with the Order, this part, and the CUI Registry.

    (f) This part rescinds Controlled Unclassified Information (CUI) Office Notice 2011-01: Initial Implementation Guidance for Executive Order 13556 (June 9, 2011).

    (g) This part creates no right or benefit, substantive or procedural, enforceable by law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

    (h) Nothing in this part alters, limits, or supersedes a requirement stated in laws, regulations, or Government-wide policies. Where laws, regulations, or Government-wide policies articulate the requirements for protection of unclassified information, this part accommodates and recognizes those requirements as “CUI Specified.” However, where agency-specific policy or ad hoc practices articulate requirements for protection of unclassified information, the CUI Executive Agent has the authority under the Order to establish control policy. In such cases, this part would override such agency-specific or ad hoc requirements if they are in conflict.

    § 2002.2 Definitions.

    Agency includes any “executive agency,” as defined in 5 U.S.C. 105; the United States Postal Service; and any other independent entity within the executive branch that designates or handles CUI.

    Authorized holder is an individual, organization, or group of users that is permitted to designate or handle CUI, consistent with this part.

    Classified information is information that Executive Order 13526, “Classified National Security Information,” December 29, 2009 (3 CFR, 2010 Comp., p. 298), or the Atomic Energy Act of 1954, as amended, requires to have classified markings and protection against unauthorized disclosure.

    Controlled environment is any area or space an authorized holder deems to have adequate physical or procedural controls (e.g., barriers and managed access controls) to protect CUI from unauthorized access or disclosure.

    Control level is a general term that encompasses the category or subcategory of specific CUI, along with any specific safeguarding and disseminating requirements.

    Controlled Unclassified Information (CUI) is information that laws, regulations, or Government-wide policies require to have safeguarding or dissemination controls, excluding classified information (see definition of classified information, above).

    CUI Basic is the default, uniform set of standards for handling all categories and subcategories of CUI. CUI Basic differs from CUI Specified in that, although laws, regulations, or Government-wide policies establish the CUI Basic information as protected, it does not specifically spell out any handling standards for that information. The CUI Basic standards therefore apply whenever CUI Specified standards do not cover the involved CUI.

    CUI categories and subcategories are those types of information for which laws, regulations, or Government-wide policies requires safeguarding or dissemination controls, and which the CUI Executive Agent has approved and listed in the CUI Registry.

    CUI category or subcategory markings are the markings approved by the CUI Executive Agent for the categories and subcategories listed in the CUI Registry.

    CUI Executive Agent is the National Archives and Records Administration (NARA), which implements the executive branch-wide CUI Program and oversees Federal agency actions to comply with the Order. NARA has delegated this authority to the Director of the Information Security Oversight Office (ISOO).

    CUI Program is the executive branch-wide program to standardize CUI handling by all Federal agencies. The Program includes the rules, organization, and procedures for CUI, established by the Order, this part, and the CUI Registry.

    CUI Program manager is an agency official, designated by the agency head or CUI senior agency official, to serve as the official representative to the CUI Executive Agent on the agency's day-to-day CUI Program operations, both within the agency and in interagency contexts.

    CUI Registry is the online repository for all information, guidance, policy, and requirements on handling CUI, including everything issued by the CUI Executive Agent other than this part. Agencies and authorized holders must follow the requirements in the CUI Registry. Among other information, the CUI Registry identifies all approved CUI categories and subcategories, provides general descriptions for each, identifies the basis for controls, and sets out handling procedures.

    CUI senior agency official is a senior official designated in writing by an agency head and responsible to that agency head for implementation of the CUI Program within that agency. The CUI senior agency official is the primary point of contact for official correspondence, accountability reporting, and other matters of record between the agency and the CUI Executive Agent.

    CUI Specified are the sets of standards that apply to CUI categories and subcategories that have specific handling standards required or permitted by authorizing laws, regulations, or Government-wide policies. Only CUI categories and subcategories the CUI Executive Agent approves and designates in the CUI Registry as CUI Specified may use the specified standards rather than CUI Basic standards. Agencies must apply CUI Basic standards to all CUI that is not included in a CUI Specified category in the Registry, or when a CUI Specified authority is silent on any aspect of handling the involved CUI. CUI Specified standards may be more stringent than, or may simply differ from, those required by CUI Basic; the distinction is that the underlying authority spells out the standards for CUI Specified categories and does not for CUI Basic ones.

    Decontrolling occurs when an agency removes safeguarding or dissemination controls from CUI that no longer requires such controls.

    Designating occurs when an authorized holder determines that a CUI category or subcategory covers a specific item of information and then marks that item as CUI.

    Designating agency is the executive branch agency that designates a specific item of information as CUI.

    Disseminating occurs when authorized holders transmit, transfer, or provide access to CUI to other authorized holders through any means.

    Document means any tangible thing, which constitutes or contains information, and means the original and any copies (whether different from the originals because of notes made on such copies or otherwise) of all writings of every kind and description over which an agency has authority, whether inscribed by hand or by mechanical, facsimile, electronic, magnetic, microfilm, photographic, or other means, as well as phonic or visual reproductions or oral statements, conversations, or events, and including, but not limited to: Correspondence, email, notes, reports, papers, files, manuals, books, pamphlets, periodicals, letters, memoranda, notations, messages, telegrams, cables, facsimiles, records, studies, working papers, accounting papers, computer disks, computer tapes, telephone logs, computer mail, computer printouts, worksheets, sent or received communications of any kind, teletype messages, agreements, diary entries, calendars and journals, printouts, drafts, tables, compilations, tabulations, recommendations, accounts, work papers, summaries, address books, other records and recordings or transcriptions of conferences, meetings, visits, interviews, discussions, or telephone conversations, charts, graphs, indexes, tapes, minutes, contracts, leases, invoices, records of purchase or sale correspondence, electronic or other transcription of taping of personal conversations or conferences, and any written, printed, typed, punched, taped, filmed, or graphic matter however produced or reproduced. Document also includes the file, folder, exhibits, and containers, and the labels on them, associated with each original or copy. Document also includes voice records, film, tapes, video tapes, email, personal computer files, electronic matter, and other data compilations from which information can be obtained, including materials used in data processing.

    Handling is any use of CUI, including but not limited to marking, safeguarding, transporting, disseminating, re-using, and disposing of the information.

    Lawful Government purpose is any activity, mission, function, operation, or endeavor that the U.S. Government authorizes or recognizes within the scope of its legal authorities.

    Legacy material is unclassified information that was marked or otherwise controlled prior to implementation of the CUI Program.

    Limited dissemination is any type of control on disseminating CUI approved for use by the CUI Executive Agent.

    Misuse of CUI occurs when someone uses CUI in a manner inconsistent with the policy contained in the Order, this part, and the CUI Registry, or any of the laws, regulations, and Government-wide policy that establish CUI categories and subcategories. This may include intentional violations or unintentional errors in safeguarding or disseminating CUI.

    Non-executive branch entity is a person or organization established, operated, and controlled by individual(s) acting outside the scope of any official capacity as officers, employees, or agents of the executive branch of the Federal Government. Such entities may include elements of the legislative or judicial branches of the Federal government; State, interstate, Tribal, local, or foreign government elements; and private or international organizations, including contractors and vendors.

    Portion is ordinarily a section within a document, and may include subjects, titles, graphics, tables, charts, bullet statements, sub-paragraphs, bullets points, or other sections, including those within slide presentations.

    Protection includes all controls an agency applies or must apply when handling information that qualifies as CUI.

    Public release occurs when an agency makes information formerly designated as CUI available to members of the public through the agency's official release processes. Disseminating CUI to non-executive branch entities as authorized does not constitute public release; nor does releasing information to an individual pursuant to the Privacy Act of 1974.

    Records are agency records and Presidential papers or Presidential records (or Vice-Presidential), as those terms are defined in 44 U.S.C. 3301 and 44 U.S.C. 2201 and 2207. Records also include such items created or maintained by a Government contractor, licensee, certificate holder, or grantee that are subject to the sponsoring agency's control under the terms of the contract, license, certificate, or grant.

    Re-use means incorporating, disseminating, restating, or paraphrasing CUI from its originally designated form into a newly created document.

    Self-inspection is an agency's internally managed review and evaluation of its activities to implement the CUI Program.

    Unauthorized disclosure occurs when individuals or entities that do not have a lawful Government purpose to access the CUI gain access to it. Unauthorized disclosure may be intentional or unintentional.

    Uncontrolled unclassified information is information that neither the Order nor classified information authorities cover as protected. Although this information is not controlled or classified, agencies must still handle it consistently with Federal Information Security Modernization Act (FISMA) requirements.

    Working papers are documents or materials, regardless of form, that an agency or user expects to revise prior to creating a finished product.

    § 2002.3 CUI Executive Agent.

    (a) Section 2(c) of the Order designates NARA as the CUI Executive Agent to implement this Order and to oversee agency efforts to comply with the Order, this part, and the CUI Registry.

    (b) NARA's Director of the Information Security Oversight Office (ISOO) performs the duties assigned to NARA as the CUI Executive Agent.

    § 2002.4 Roles and responsibilities.

    (a) The CUI Executive Agent:

    (1) Develops and issues policy, guidance, and other materials, as needed, to implement the Order and this part, and to establish and maintain the CUI Program.

    (2) Consults with affected agencies, State, local, Tribal, and private sector partners, and representatives of the public on matters pertaining to CUI.

    (3) Establishes, convenes, and chairs the CUI Advisory Council (the Council) to address matters pertaining to the CUI Program. The CUI Executive Agent consults with affected agencies to develop and document the Council's structure and procedures, and submits the details to OMB for approval.

    (4) Reviews and approves agency policies implementing this part before agencies issue them to ensure their consistency with the Order, this part, and the CUI Registry.

    (5) Reviews, evaluates, and oversees agencies' actions to implement the CUI Program, to ensure compliance with the Order, this part, and the CUI Registry.

    (6) Establishes a management and planning framework, including associated deadlines for phased implementation, based on agency compliance plans submitted pursuant to section 5(b) of the Order, and in consultation with affected agencies and the Office of Management and Budget (OMB).

    (7) Approves categories and subcategories of CUI as needed and publishes them in the CUI Registry.

    (8) Prescribes standards, procedures, guidance, and instructions for oversight and agency self-inspection programs, to include performing on-site inspections.

    (9) Standardizes forms and procedures to implement the CUI Program.

    (10) Considers and resolves, as appropriate, disputes, complaints, and suggestions about the CUI Program from entities in or outside the Government; and

    (11) Reports to the President on implementation of the Order and the requirements of this part. This includes publishing a report on the status of agency implementation at least biennially, or more frequently at the discretion of the CUI Executive Agent.

    (b) Agency heads:

    (1) Ensure agency senior leadership support, and make adequate resources available to implement, manage, and comply with the CUI Program as administered by the CUI Executive Agent.

    (2) Designate a CUI senior agency official responsible for ensuring agency implementation, management, and oversight of the CUI Program.

    (3) Approve agency policies, as required, to implement the CUI Program.

    (c) CUI senior agency officials:

    (1) Must be at the Senior Executive Service level or equivalent;

    (2) Direct and oversee the agency's CUI Program;

    (3) Designate a CUI Program manager;

    (4) Ensure the agency has CUI implementing policies and plans, as needed;

    (5) Implement an education and training program pursuant to § 2002.20 of this part;

    (6) Upon request of the CUI Executive Agent under section 5(c) of the Order, provide an update of CUI implementation efforts for subsequent reporting;

    (7) Develop and implement the agency's self-inspection program;

    (8) Establish a process to accept and manage challenges to CUI status, consistent with existing processes based in laws, regulations, and Government-wide policies; and

    (9) Establish processes and criteria for reporting and investigating misuse of CUI.

    (d) The Director of National Intelligence: After consultation with the heads of affected agencies and the Director of the Information Security Oversight Office, may issue directives to implement this part with respect to the protection of intelligence sources, methods, and activities. Such directives must be consistent with the Order, this part, and the CUI Registry.

    Subpart B—Key Elements of the CUI Program
    § 2002.10 The CUI Registry.

    (a) The CUI Executive Agent maintains the CUI Registry, which serves as the central repository for all information, guidance, policy, and requirements on handling CUI, including authorized CUI categories and subcategories, associated markings, and applicable decontrolling procedures.

    (b) The CUI Registry:

    (1) Is the sole authoritative repository for information on CUI except the Order and this part;

    (2) Is publicly accessible;

    (3) Includes citation(s) to laws, regulations, or Government-wide policies that form the basis for each category and subcategory; and

    (4) Notes any sanctions or penalties for misuse of each category or subcategory of CUI that are included in applicable statutes or regulations.

    § 2002.11 CUI categories and subcategories.

    (a) CUI categories and subcategories are the exclusive means of designating CUI throughout the executive branch. They identify unclassified information that requires safeguarding or dissemination controls, pursuant to and consistent with applicable laws, regulations, and Government-wide policies. Agencies may not control any unclassified information outside of the CUI Program.

    (b) Agencies must designate CUI only by use of a category or subcategory approved by the CUI Executive Agent and published in the CUI Registry.

    § 2002.12 Safeguarding.

    (a) General safeguarding policy. (1) Agencies must safeguard CUI at all times in a manner that minimizes the risk of unauthorized disclosure while allowing for access by authorized holders.

    (2) Agency personnel must comply with policy in the Order, this part, and the CUI Registry, and review their agency's CUI policies for additional instructions. For categories designated as CUI Specified, employees must also follow the procedures in the underlying laws, regulations, or Government-wide policies that established the specific category or subcategory involved.

    (3) Safeguarding measures that are authorized or accredited for classified information are also sufficient for safeguarding CUI.

    (4) Pursuant to the Order and this part, and in consultation with affected agencies, the CUI Executive Agent issues safeguarding standards in the CUI Registry, and updates them as needed.

    (b) CUI safeguarding standards. Agencies must safeguard CUI using one of two types of standards:

    (1) CUI Basic. CUI Basic is the default set of standards agencies must apply to all CUI unless the CUI Registry annotates the relevant information as CUI Specified.

    (2) CUI Specified. (i) Agencies safeguard CUI using CUI Specified standards only when the involved information falls into a category or subcategory designated in the CUI Registry as CUI Specified. In such cases, agencies should apply the specified set of standards required by the underlying authorities, as indicated in the CUI Registry.

    (ii) When the authorizing laws, regulations, or Government-wide policies for a specific CUI Specified category or subcategory is silent on a safeguarding or disseminating requirement, agencies must handle that requirement using the CUI Basic standards, unless this results in any treatment that is inconsistent with the CUI Specified authority. If such a conflict occurs, agencies follow the CUI Specified authority's requirements.

    (c) Protecting CUI under the control of an authorized holder. (1) Authorized holders must have access to controlled environments in which to protect CUI from unauthorized access or observation.

    (2) When discussing CUI, you must reasonably ensure that unauthorized individuals cannot overhear the conversation.

    (3) When outside a controlled environment, you must keep the CUI under your direct control or protect it with at least one physical barrier. You or the physical barrier must reasonably protect the CUI from unauthorized access or observation.

    (4) Agencies must protect the confidentiality of CUI that is processed, stored, or transmitted on Federal information systems consistently with the security requirements and controls established in FIPS Publication 199, FIPS Publication 200, and NIST SP 800-53.

    (d) Protecting CUI not under control of an authorized holder. (1) You may use the United States Postal Service or any commercial delivery service when you need to transport or deliver CUI to another organization.

    (2) We encourage you to use in-transit automated tracking and accountability tools when you send CUI.

    (3) You may use interoffice or interagency mail systems to transport CUI.

    (4) Mark packages that contain CUI to indicate that they are intended for the recipient only and should not be forwarded.

    (5) Do not put CUI markings on the outside of an envelope or package.

    (e) Reproducing CUI. (1) You may reproduce (e.g., copy, scan, print, electronically duplicate) CUI in furtherance of a lawful Government purpose.

    (2) When reproducing CUI documents on equipment such as printers, copiers, scanners, or fax machines, you must ensure that the equipment does not retain data or you must otherwise sanitize it in accordance with NIST SP 800-53.

    (f) Destroying CUI. (1) You may destroy CUI when:

    (i) Your agency no longer needs the information; and

    (ii) Records disposition schedules published or approved by NARA or other applicable laws, regulations, or Government-wide policies no longer require your agency to retain the records.

    (2) When destroying CUI, including in electronic form, you must do so in a manner that makes it unreadable, indecipherable, and irrecoverable, using any of the following:

    (i) Guidance for destruction in NIST SP 800-53, Security and Privacy Controls for Federal Information Systems and Organizations, and NIST SP 800-88, Guidelines for Media Sanitization;

    (ii) Any method of destruction approved for Classified National Security Information, as delineated in 32 CFR 2001.47, Destruction, or any implementing or successor guidance; or

    (iii) Any specific destruction methods required by laws, regulations, or Government-wide policies for that item.

    (g) Information systems that process, store, or transmit CUI.

    (1) Agencies must apply information system requirements to CUI that are consistent with already-required NIST standards and guidelines and OMB policies. The Federal Information Security Modernization Act (FISMA) of 2014, 44 U.S.C. 3541, et seq., requires all Federal agencies to apply the standards in FIPS Publication 199 and FIPS Publication 200. FIPS Publication 200 and OMB Memorandum-14-04, November 18, 2013, require all Federal agencies to also apply the appropriate security requirements and controls from NIST SP 800-53. All three sets of publications are free and available from the NIST Web site at http://www.nist.gov/publication-portal.cfm.

    (2) Consistent with this already-established framework governing all Federal information systems, CUI is categorized at the moderate confidentiality impact level in accordance with FIPS Publication 199. Likewise, agencies must also apply the appropriate security requirements and controls from FIPS Publication 200 and NIST SP 800-53 consistently with any risk-based tailoring decisions. Agencies may increase the confidentiality impact level above moderate and apply additional security requirements and controls only internally; they may not require anyone outside the agency to use a higher impact level or more stringent security requirements and controls.

    § 2002.13 Accessing and disseminating.

    (a) General policy. (1) Agencies should disseminate and permit access to CUI, provided such access or dissemination:

    (i) Abides by the laws, regulations, or Government-wide policies that established the CUI category or subcategory;

    (ii) Furthers a lawful Government purpose;

    (iii) Is not restricted by an authorized limited dissemination control established by the CUI Executive Agent; and,

    (iv) Is not otherwise prohibited by law.

    (2) Agencies should impose controls only as necessary to abide by restrictions on access to CUI. Agencies may not impose controls that unlawfully or improperly restrict access to CUI.

    (3) Prior to disseminating CUI, you must mark CUI according to marking guidance issued by the CUI Executive Agent.

    (4) Non-executive branch entities may receive CUI directly from members of the executive branch or as sub-recipients from other non-executive branch entities.

    (5) In order to disseminate CUI to a non-executive branch entity, you must have a reasonable expectation that the recipient will continue to control the information in accordance with the Order, this part, and the CUI Registry.

    (6) When feasible, agencies should enter into a written agreement with any intended non-executive branch entity. At a minimum, such agreements must specify that:

    (i) CUI remains under the legal control of the Federal Government and its misuse is subject to penalties permitted under applicable laws, regulations, or Government-wide policies;

    (ii) Non-executive branch entities must handle CUI consistently with the Order, this part, and the CUI Registry; and

    (iii) The non-executive branch entity must report any non-compliance with handling requirements to the disseminating agency's CUI senior agency official. When the disseminating agency is not the designating agency, the disseminating agency must notify the designating agency.

    (b) Controls on accessing and disseminating CUI—(1) CUI Basic. You should disseminate and encourage access to CUI Basic for any recipient when it meets the requirements set out in paragraph (a)(1) of this section.

    (2) CUI Specified. You may disseminate and allow access to CUI Specified as permitted by the authorizing laws, regulations, or Government-wide policies that established that category or subcategory of CUI Specified.

    (i) The CUI Registry annotates CUI categories and subcategories that contain Specified controls.

    (ii) In the absence of specific dissemination restrictions, agencies may disseminate and allow access to the CUI as they would for CUI Basic.

    (3) Limited dissemination. (i) You may place limits on disseminating CUI only through the use of limited dissemination controls approved by the CUI Executive Agent and published in the CUI Registry.

    (ii) Use of limited dissemination controls to unnecessarily restrict access to CUI is contrary to the stated goals of the CUI Program. You may therefore use these controls only when it serves a lawful Government purpose, or you are required by laws, regulations, or Government-wide policies to do so.

    (iii) You may apply limited dissemination controls to any CUI that is required or permitted to have restricted access by or to certain entities.

    (iv) You may combine the approved limited dissemination controls listed in the CUI Registry to accommodate necessary practices.

    (c) Methods of disseminating CUI. (1) Before disseminating CUI, you must reasonably expect that all intended recipients are authorized to receive the CUI. You may then disseminate the CUI by any method that meets the safeguarding requirements of this part and ensures receipt in a timely fashion, unless the laws, regulations, or Government-wide policies that govern that category or subcategory of CUI requires otherwise.

    (2) To disseminate CUI using systems or components that are subject to NIST guidelines and publications (e.g., email applications, text messaging, facsimile, or voicemail), you must do so consistently with the moderate confidentiality value set out in the FISMA-mandated FIPS Publication 199, FIPS Publication 200, and NIST SP 800-53.

    § 2002.14 Decontrolling.

    (a) Agencies may decontrol CUI that they have designated:

    (1) When laws, regulations or Government-wide policies no longer require its control as CUI;

    (2) In response to a request by an authorized holder to decontrol it, if the agency is the designating agency;

    (3) When the designating agency decides to release it to the public by making an affirmative, proactive disclosure;

    (4) When the agency releases it in accordance with an applicable information access statute, such as the Freedom of Information Act (FOIA);

    (5) Consistent with any declassification action under Executive Order 13526 or any predecessor or successor order; or

    (6) When a pre-determined event or date occurs, as described in the decontrol indicators section of this part.

    (b) Decontrolling may occur automatically upon the occurrence of one of the conditions in paragraph (a) of this section, or through an affirmative decision by the designating agency.

    (c) Only personnel that an agency authorizes may decontrol CUI.

    (d) Decontrolling CUI relieves authorized holders from requirements to handle the information under the CUI Program, but does not constitute authorization for public release.

    (e) Agencies should decontrol any CUI designated by their agency that no longer requires CUI controls as soon as practicable.

    (f) You must remove or strike through with a single straight line all CUI markings when restating, paraphrasing, re-using, releasing to the public, or donating CUI to a private institution. Otherwise, you are not required to mark, review, or take other actions to indicate the CUI is no longer controlled.

    (1) Agencies may establish policy that allows holders to remove or strike through only those markings on the first or cover page of the CUI.

    (2) If you use the decontrolled CUI in a newly created document, you must remove all CUI markings for the decontrolled information.

    (g) Once decontrolled, any public release of information that was formerly CUI must be in accordance with existing agency policies on the public release of information.

    (h) You may request that the designating agency decontrol certain CUI. Agency heads or the CUI senior agency official must establish processes for handling CUI decontrol requests submitted by authorized holders.

    (i) If an authorized holder publicly releases CUI in accordance with the designating agency's authorized procedures, the release constitutes decontrol of the information.

    (j) Unauthorized disclosure of CUI does not constitute decontrol.

    (k) You must not decontrol CUI in an attempt to conceal, circumvent, or mitigate an identified unauthorized disclosure.

    (l) When laws, regulations, and Government-wide policies require specific decontrol procedures, you must follow such requirements.

    (m) The Archivist of the United States may decontrol records transferred to the National Archives in accordance with § 2002.26 of this part, absent a specific agreement otherwise with the originating agency. The Archivist decontrols records to facilitate public access pursuant to 44 U.S.C. 2108 and NARA's regulations at 36 CFR parts 1235, 1250, and 1256.

    § 2002.15 Marking.

    (a) General marking policy. (1) CUI markings listed in the CUI Registry are the only control markings authorized to designate unclassified information requiring safeguarding or dissemination controls. You must mark CUI exclusively in accordance with this part and the CUI Registry.

    (2) You must uniformly and conspicuously apply CUI markings to all CUI prior to disseminating it unless otherwise specifically permitted by the CUI Executive Agent or as provided below.

    (3) The CUI Program prohibits using markings or practices not included in this part or the CUI Registry. Agencies must take active measures to discontinue use of any other markings, in accordance with guidance from the CUI Executive Agent. Agencies may not modify CUI Program markings or deviate from the method of use prescribed by the CUI Executive Agent in an effort to accommodate existing agency marking practices, except in extraordinary circumstances approved by the CUI Executive Agent.

    (4) The designating agency determines that the information qualifies for CUI status and applies the appropriate CUI marking at the time of designation.

    (5) You must not mark information as CUI to conceal illegality, negligence, ineptitude, or other disreputable circumstances embarrassing to any person, any agency, the Federal Government, or any partners thereof.

    (6) The CUI Program does not require agencies to redact or re-mark documents that bear legacy markings. However, agencies must mark as CUI any information they derive from such documents and re-use in a new document, if the information qualifies as CUI.

    (7) When marking is excessively burdensome, an agency's CUI senior agency official may approve waivers of all or some of the marking requirements for CUI designated within that agency. However, all CUI must be marked when disseminated outside of that agency.

    (i) When CUI senior agency officials grant such waivers, they must still ensure that the agency appropriately safeguards and disseminates the CUI.

    (ii) The CUI senior agency official must detail in each waiver the alternate protection methods the agency must employ to ensure protection of the CUI in question.

    (iii) All such waivers apply to CUI only while in possession of employees of that agency.

    (8) The lack of a CUI marking on information does not exempt the information from applicable handling requirements set forth in laws, regulations, or Government-wide policies.

    (b) The CUI banner marking. You must mark all CUI with a CUI banner marking, which may include up to three elements:

    (1) The CUI control marking (mandatory). (i) The CUI control marking may consist of either the word “CONTROLLED” or the acronym “CUI” (at the designator's discretion). You may not use alternative markings to identify or mark items as CUI.

    (ii) If you include in the banner marking other authorized CUI markings in addition to the CUI control marking (as set out below), separate those elements from the CUI control marking by a single slash (“/”).

    (2) CUI category and subcategory markings (mandatory for CUI Specified). (i) The CUI Registry lists the category and subcategory markings, which align with the CUI's designated category or subcategory.

    (ii) The CUI senior agency official may approve optional use of CUI category and subcategory markings for CUI Basic, through agency policy. The policy may also address whether to include these markings in the CUI banner marking. When the CUI senior agency official has approved CUI Basic category or subcategory markings through agency policy, you may include those markings in the CUI banner marking when multiple categories or subcategories are present.

    (iii) You must use CUI category and subcategory markings for CUI Specified. If laws, regulations, or Government-wide policies require specific marking, disseminating, informing, or warning statements, you must use those indicators as required by those authorities. However, you must not include these additional indicators in the CUI banner marking or portion markings.

    (iv) Include in the CUI banner marking all CUI Specified category or subcategory markings; other category or subcategory markings that may apply are optional.

    (v) List category or subcategory markings in alphabetical order, using the approved abbreviations listed in the CUI Registry, and separate multiple categories or subcategories from each other by a single slash (“/”).

    (3) Limited dissemination control markings. (i) CUI limited dissemination control markings align with limited dissemination controls established under § 2002.13(b)(3) of this part.

    (ii) Designating agencies must establish agency policy that includes specific criteria for when, and by whom, they will allow the use of limited dissemination controls and control markings, and ensure the policy aligns with the requirements in § 2002.13(b)(3) of this part.

    (iii) In accordance with its policy, the designating agency may apply limited dissemination control markings when it designates information as CUI and may approve later requests by authorized holders to apply them. Authorized holders may apply limited dissemination control markings only with the approval of the designating agency.

    (iv) When including limited dissemination control markings in the CUI banner marking, use a double slash (“//”) to separate them from the previous element of the CUI banner marking (e.g. “CUI//NOFORN” or “CONTROLLED/LEI//NOFORN”).

    (v) List limited dissemination control markings in alphabetical order, using the approved abbreviations listed in the CUI Registry, and separate them from each other by a single slash (“/”).

    (c) Using the CUI banner marking. (1) The content of the CUI banner marking must apply to the whole document (e.g., inclusive of all CUI within the document) and must be the same on every page on which you use it.

    (2) The CUI banner marking must appear, at a minimum, at the top center of each page containing CUI.

    (3) For non-document formats, the container or portion of the item that is first visible must carry the banner.

    (d) CUI designation indicator (mandatory). (1) All media containing CUI must carry an indicator of who designated the CUI within it. This should include:

    (i) The designator's agency (at a minimum); and

    (ii) If not otherwise evident, the designating agency or office via a “Controlled by” line. For example, “Controlled by: Division 5, Department of Good Works.”

    (2) The designation indicator must be readily apparent to authorized holders and may appear only on the first page or cover.

    (e) CUI decontrolling indicators. (1) Where feasible, designating agencies must include a specific decontrolling date or event with all media containing CUI. This may be accomplished in any manner that makes the decontrolling schedule readily apparent to an authorized holder.

    (2) When used, decontrolling indicators must use the format: “Decontrol On:” followed by a date or name of a specific event.

    (3) If using a specific decontrolling date, list it in the format “YYYYMMDD.”

    (i) Decontrol is presumed at midnight local time on the date indicated.

    (ii) Authorized holders may consider specific items of CUI as decontrolled as of the date indicated, requiring no further review by, or communication with, the designator.

    (4) If using a specific event after which the CUI is considered decontrolled:

    (i) The event must be foreseeable and verifiable by any authorized holder (e.g., not based on or requiring special access or knowledge);

    (ii) State the event title in bullet format rather than a narrative statement; and

    (iii) Include point of contact and preferred method of contact information in the decontrol indicator when using this method, to allow authorized holders to verify that a specified event has occurred.

    (f) Portion marking CUI. (1) Agencies are permitted and encouraged to portion mark all CUI, to facilitate information sharing and proper handling.

    (2) You may mark CUI only with portion markings approved by the CUI Executive Agent and listed in the CUI Registry.

    (3) CUI portion markings consist of the following elements:

    (i) The CUI control marking, which must be the acronym “CUI”;

    (ii) CUI category/subcategory portion markings (if required); and

    (iii) CUI limited dissemination control portion markings (if required).

    (4) When using portion markings:

    (i) You must indicate CUI portions by placing the required portion marking for each portion inside parentheses, immediately before the portion to which it applies (e.g. “(CUI)” or “(CUI/LEI//NF).”

    (ii) CUI category and subcategory markings are optional for CUI Basic. Agencies should manage their use by means of agency policy.

    (iii) You must portion mark both CUI and uncontrolled unclassified portions. Indicate the uncontrolled unclassified portions by using a “(U)” immediately preceding the portion to which it applies.

    (5) In cases where portions consist of several segments, such as paragraphs, sub-paragraphs, bullets, and sub-bullets, and the control level is the same throughout, you may place a single portion marking at the beginning of the primary paragraph or bullet. However, if the portion includes different CUI categories or subcategories, you must portion mark all segments separately to avoid improper control of any one segment.

    (6) Each portion must reflect the control level of that individual portion and not any other portions. If the information contained in a sub-paragraph or sub-bullet is a different CUI category or subcategory from its parent paragraph or parent bullet, this does not make the parent paragraph or parent bullet controlled at that same level.

    (g) Commingling CUI markings with classified information. (1) When you include CUI in documents that also contain classified information, you must make the following changes to the CUI marking scheme:

    (i) Portion mark all CUI to ensure that CUI portions can be distinguished from portions containing classified and uncontrolled unclassified information;

    (ii) Include CUI Specified category and subcategory markings in the overall banner marking;

    (iii) Include the CUI control marking (“CUI”) in the overall marking banner directly before the CUI category and subcategory markings (e.g., “CUI/SP-PCII”). This applies only when CUI category and subcategory markings are included in the banner;

    (iv) Separate category and subcategory markings from each other by a single slash (e.g. “CUI/SP-PCII/SP-UCNI”);

    (v) Include all CUI limited dissemination controls with each CUI portion and in the CUI section of the overall classified marking banner, if applicable. Separate limited dissemination markings from each other by a single slash (“/”); and

    (vi) Separate the entire CUI marking string for the CUI banner marking from other parts of the overall classified marking banner by using a double slash (“//”) on either end. However, if the CUI marking string is the final portion of the overall classified marking banner, do not use an ending double slash (“//”).

    (2) Commingling restricted data (RD) and formerly restricted data (FRD) with CUI. (i) To the extent possible, avoid commingling RD or FRD with CUI in the same document. When it is not practicable to avoid such commingling, follow the marking requirements in the Order, this part, and the CUI Registry, as well as the marking requirements in 10 CFR part 1045, Nuclear Classification and Declassification.

    (ii) The decontrolling provisions of the Order do not apply to portions marked as containing RD or FRD.

    (iii) Add “Not Applicable (or N/A) to RD/FRD portions” to the “Decontrol On” line for commingled documents.

    (iv) Follow the requirements of 10 CFR part 1045 when extracting an RD or FRD portion for use in a new document.

    (v) Follow the requirements of the Order, this part, and the CUI Registry if extracting a CUI portion for use in a new document.

    (vi) The lack of declassification instructions for RD or FRD portions does not eliminate the requirement to process commingled documents for declassification in accordance with the Atomic Energy Act, or 10 CFR part 1045.

    (h) Transmittal document marking requirements. (1) When a transmittal document accompanies CUI, the transmittal document must include a CUI marking on its face (“CONTROLLED” or “CUI”), indicating that CUI is attached or enclosed.

    (2) The transmittal document must also include conspicuously on its face the following or similar instructions, as appropriate:

    (i) “Upon Removal of Enclosure, This Document is Uncontrolled Unclassified Information”; or

    (ii) “Upon Removal of Enclosure, This Document is (Control Level).”

    (i) Working papers. Mark working papers containing CUI as required for any CUI contained within them and handle them in accordance with this part and the CUI Registry.

    (j) Using supplemental administrative markings with CUI. (1) Agency heads may authorize the use of supplemental administrative markings (e.g. “Pre-decisional,” “Deliberative,” “Draft”) for use with CUI.

    (2) Agency heads may not authorize the use of supplemental administrative markings to establish safeguarding requirements or disseminating restrictions, or to designate the information as CUI.

    (3) To be eligible for use with CUI, agencies must detail use and requirements for supplemental administrative markings in agency policy that is available to anyone who may come into possession of CUI carrying these markings.

    (4) Do not incorporate or include supplemental administrative markings in the CUI markings.

    (5) Supplemental administrative markings must not duplicate any CUI marking described in this part and the CUI Registry.

    (k) Unmarked CUI. Treat unmarked information that qualifies as CUI as described in the Order, this part, and the CUI Registry.

    § 2002.16 Waivers of CUI requirements in exigent circumstances.

    (a) In exigent circumstances, the agency head or the CUI senior agency official may waive the requirements established in this part or the CUI Registry for any CUI within the agency's possession or control, unless specifically prohibited by applicable laws, regulations, or Government-wide policies.

    (b) When the circumstances requiring the waiver end, the agency must reinstitute the requirements for all CUI covered by the waiver.

    § 2002.17 Limitations on applicability of agency CUI policies.

    (a) Agency policies pertaining to CUI do not apply to entities outside that agency unless the CUI Executive Agent approves their application and publishes them in the CUI Registry.

    (b) Agencies may not include any requirements on handling CUI other than those contained in the Order, this part, or the CUI Registry when entering into contracts, treaties, or other agreements with entities outside of that agency.

    Subpart C—CUI Program Management
    § 2002.20 Education and training.

    (a) The agency head or CUI senior agency official must establish policies that address the means, methods, and frequency of agency CUI training.

    (b) At a minimum, agencies must ensure that personnel who have access to CUI receive training on creating CUI, relevant CUI categories and subcategories, the CUI Registry, associated markings, and applicable safeguarding, disseminating, and decontrolling policies and procedures. Agencies must ensure that it trains employees on these matters when the employees first begin working for the agency and at least once every two years thereafter, at a minimum.

    (c) The CUI Executive Agent may review agency training materials to ensure consistency and compliance with the Order, this part, and the CUI Registry.

    § 2002.21 Agency self-inspection program.

    (a) Agency heads must establish and maintain a self-inspection program to ensure compliance with the principles and requirements of the Order, this part, and the CUI Registry.

    (b) The self-inspection program must include no less than annual periodic review and assessment of the agency's CUI program. The agency head or CUI senior agency official should determine frequency based on program needs and the degree of designation activity.

    (c) The self-inspection program must include:

    (1) Self-inspection methods, reviews, and assessments that serve to evaluate program effectiveness, measure the level of compliance, and monitor the progress of CUI implementation;

    (2) Formats for documenting self-inspections and recording findings, when not prescribed by the CUI Executive Agent;

    (3) Procedures by which to integrate lessons learned and best practices arising from reviews and assessments into operational policies, procedures, and training;

    (4) A process for resolving deficiencies and taking corrective actions in an accountable manner; and

    (5) Analysis and conclusions from the self-inspection program, documented on an annual basis and as requested by the CUI Executive Agent.

    § 2002.22 Challenges to designation of information as CUI.

    (a) Authorized holders of CUI who, in good faith, believe that its designation as CUI is improper or incorrect should notify the designating agency of this belief.

    (b) Agency CUI senior agency officials must create a process within their agency to accept and manage challenges to CUI status. At a minimum, this process must include a timely response to the challenger that:

    (1) Acknowledges receipt of the challenge;

    (2) States an expected timetable for response to the challenger;

    (3) Provides an opportunity for the challenger to define their rationale for belief that the CUI in question is inappropriately designated;

    (4) Gives contact information for the official making the agency's decision in this matter; and

    (5) Ensures that challengers are not subject to retribution for bringing such challenges.

    (c) Until the challenge is resolved, continue to safeguard and disseminate the challenged CUI at the control level indicated in the markings.

    (d) If a challenging party disagrees with the response to their challenge, that party may use the Dispute Resolution procedures described in § 2002.23 of this part.

    § 2002.23 Dispute resolution.

    (a) All parties to a dispute arising from implementation or interpretation of the Order, this part, or the CUI Registry should make every effort to resolve the dispute expeditiously. Disputes should be resolved within a reasonable, mutually acceptable time period, taking into consideration the mission, sharing, and protection requirements of the parties concerned.

    (b) If parties to a dispute cannot reach a mutually acceptable resolution, either party may refer the matter to the CUI Executive Agent.

    (c) The CUI Executive Agent is the impartial arbiter of the dispute and has the authority to render a decision on the dispute after consultation with all affected parties, unless laws, regulations, or Government-wide policies otherwise specifically govern requirements for the involved category or subcategory of information. If a party to the dispute is also a member of the Intelligence Community, the CUI Executive Agent must consult with the Office of the Director of National Intelligence beginning when the CUI Executive Agent receives the dispute for resolution.

    (d) Until the dispute is resolved, continue to safeguard and disseminate any disputed CUI at the control level indicated in the markings.

    (e) Per section 4(e) of the Order, parties may appeal the CUI Executive Agent's decision through the Director of OMB to the President for resolution.

    § 2002.24 Misuse of CUI.

    (a) CUI senior agency officials establish agency processes and criteria for reporting and investigating misuse of CUI.

    (b) The CUI Executive Agent reports findings on any incident involving misuse of CUI to the offending agency's CUI senior agency official or CUI Program manager for action, as appropriate.

    § 2002.25 Sanctions for misuse of CUI.

    (a) To the extent that agency heads are otherwise authorized to take administrative action against agency personnel who misuse CUI, agency CUI policy governing misuse should reflect that authority.

    (b) Where laws, regulations, or Government-wide policies governing certain categories or subcategories of CUI specifically establishes sanctions, agencies must adhere to such sanctions.

    § 2002.26 Transferring records.

    (a) When feasible, agencies must decontrol records containing CUI prior to transferring them to NARA.

    (b) When an agency cannot decontrol records before transferring them to NARA, the agency must:

    (1) Indicate on a Transfer Request (TR) in NARA's Electronic Records Archives (ERA) or on an SF 258 paper transfer form, that the records should continue to be controlled as CUI (subject to NARA's regulations on transfer, public availability, and access; see 36 CFR parts 1235, 1250, and 1256); and

    (2) For hard copy transfer, place the appropriate CUI marking on the outside of the container to indicate that it contains information designated as CUI.

    (c) If the agency does not indicate the CUI status on both the container and the TR or SF 258, NARA may assume the information was decontrolled prior to transfer, regardless of any CUI markings on the actual records.

    § 2002.27 CUI and the Freedom of Information Act (FOIA).

    (a) The mere fact that information is designated as CUI has no bearing on determinations pursuant to any law requiring the disclosure of information or permitting disclosure as a matter of discretion.

    (b) Accordingly, agencies must ensure that:

    (1) They do not cite the FOIA as a CUI safeguarding or disseminating control authority for CUI; and

    (2) Agency FOIA reviewers use FOIA release standards and exemptions to determine whether or not to release records in response to a FOIA request; they do not use CUI markings and designations as a dispositive factor in making a FOIA disclosure determination.

    § 2002.28 CUI and the Privacy Act.

    The fact that records are subject to the Privacy Act of 1974 does not mean that agencies must mark them as CUI. Consult agency guidance to determine which records may be subject to the Privacy Act. However, information contained in Privacy Act systems of records may be subject to controls under other CUI categories or subcategories and the agency may need to mark that information as CUI for that reason.

    Dated: April 27, 2015. David S. Ferriero, Archivist of the United States.
    [FR Doc. 2015-10260 Filed 5-7-15; 8:45 am] BILLING CODE 7515-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0315] RIN 1625-AA00 Safety Zone for Fireworks Display, Patapsco River, Inner Harbor; Baltimore, MD AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes to establish a temporary safety zone encompassing certain waters of the Patapsco River. This action is necessary to provide for the safety of life on navigable waters during a fireworks display launched from a barge located within the Inner Harbor at Baltimore, MD, on July 2, 2015. This safety zone is intended to protect the maritime public in a portion of the Patapsco River.

    DATES:

    Comments and related material must be received by the Coast Guard on or before May 15, 2015.

    ADDRESSES:

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

    (1) Federal eRulemaking Portal: http://www.regulations.gov.

    (2) Fax: 202-493-2251.

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

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

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email Mr. Ronald Houck, Sector Baltimore Waterways Management Division, Coast Guard; telephone 410-576-2674, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

    SUPPLEMENTARY INFORMATION:

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

    To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG-2015-0315] 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-2015-0315) 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

    This rule involves a fireworks display associated with an event that will take place in Baltimore, MD, on July 2, 2015. The launch site for the fireworks display is from a discharge barge located in the Patapsco River. The permanent safety zones listed in the Table to 33 CFR 165.506 do not apply to this event.

    C. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 U.S.C. 1231; 33 CFR 1.05-1 and 160.5; and Department of Homeland Security Delegation No. 0170.1., which collectively authorize the Coast Guard to propose, establish, and define regulatory safety zones. Fireworks displays are frequently held from locations on or near the navigable waters of the United States. The potential hazards associated with fireworks displays are a safety concern during such events. The purpose of this rule is to promote public and maritime safety during a fireworks display, and to protect mariners transiting the area from the potential hazards associated with a fireworks display, such as the accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. This rule is needed to ensure safety on the waterway before, during and after the scheduled event.

    D. Discussion of Proposed Rule

    Under Armour will sponsor a fireworks display launched from a barge located in the Inner Harbor in Baltimore, MD, scheduled on July 2, 2015 at approximately 9:30 p.m.

    Through this regulation, the Coast Guard proposes to establish a temporary safety zone. The proposed zone will encompass all waters of the Patapsco River, within a 300 yards radius of a fireworks discharge barge in approximate position latitude 39°16′56″ N, longitude 076°36′19″ W, located in the Inner Harbor at Baltimore, Maryland, MD. The temporary safety zone will be enforced from 8:30 p.m. through 10:30 p.m. on July 2, 2015.

    The effect of this temporary safety zone will be to restrict navigation in the regulated area immediately before, during, and immediately after the fireworks display. Vessels will be allowed to transit the waters of the Patapsco River outside the safety zone.

    This rule requires that entry into or remaining in this safety zone is prohibited unless authorized by the Coast Guard Captain of the Port Baltimore. All vessels underway within this safety zone at the time it is implemented are to depart the zone. To seek permission to transit the area of the safety zone, the Captain of the Port Baltimore can be contacted at telephone number 410-576-2693 or on Marine Band Radio VHF-FM channel 16 (156.8 MHz). Coast Guard vessels enforcing the safety zone can be contacted on Marine Band Radio VHF-FM channel 16 (156.8 MHz). Federal, state, and local agencies may assist the Coast Guard in the enforcement of the safety zone. The Coast Guard will issue notices to the maritime community to further publicize the safety zone and notify the public of changes in the status of the zone. Such notices will continue until the event is complete.

    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 a number of these statutes or executive orders.

    1. Regulatory Planning and Review

    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, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders.

    Although this regulation would restrict access to this area, the effect of this proposed rule will not be significant because: (i) The safety zone will only be in effect from 8:30 p.m. through 10:30 p.m. on July 2, 2015, (ii) the Coast Guard will give advance notification via maritime advisories so mariners can adjust their plans accordingly, and (iii) although the safety zone will apply to certain portions of the Inner Harbor, smaller vessel traffic will be able to transit safely around the safety zone.

    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 will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to operate or transit through or within, or anchor in, the safety zone during the enforcement period. This proposed safety zone will not have a significant economic impact on a substantial number of small entities for the reasons provided under Regulatory Planning and Review.

    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. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. 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 will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

    5. Federalism

    A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and determined that this rule 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 an 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 is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves establishing a temporary safety zone for a fireworks display. The fireworks are launched from navigable waters of the United States and may negatively impact the safety or other interests of waterway users and near shore activities in the event area. The activity includes fireworks launched from barges near the shoreline that generally rely on the use of navigable waters as a safety buffer to protect the public from fireworks fallouts and premature detonations. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A preliminary environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. 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.T05-0315 to read as follows:
    § 165.T05-0315 Safety Zone for Fireworks Display, Patapsco River, Inner Harbor; Baltimore, MD.

    (a) Location. The following area is a safety zone: All waters of the Patapsco River, within a 300 yards radius of a fireworks discharge barge in approximate position latitude 39°16′56″ N, longitude 076°36′19″ W, located in the Inner Harbor at Baltimore, Maryland. All coordinates refer to datum NAD 1983.

    (b) Regulations. The general safety zone regulations found in 33 CFR 165.23 apply to the safety zone created by this temporary section.

    (1) All persons are required to comply with the general regulations governing safety zones found in 33 CFR 165.23.

    (2) Entry into or remaining in this zone is prohibited unless authorized by the Coast Guard Captain of the Port Baltimore. All vessels underway within this safety zone at the time it is implemented are to depart the zone.

    (3) Persons desiring to transit the area of the safety zone must first obtain authorization from the Captain of the Port Baltimore or his designated representative. To seek permission to transit the area, the Captain of the Port Baltimore and his designated representatives can be contacted at telephone number 410-576-2693 or on Marine Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other Federal, State, or local agency vessel, by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port Baltimore or his designated representative and proceed as directed while within the zone.

    (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State, and local agencies.

    (c) Definitions. As used in this section:

    Captain of the Port Baltimore means the Commander, U.S. Coast Guard Sector Baltimore, Maryland.

    Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Baltimore to assist in enforcing the safety zone described in paragraph (a) of this section.

    (d) Enforcement period. This section will be enforced from 8:30 p.m. through 10:30 p.m. on July 2, 2015.

    Dated: April 28, 2015. Kevin C. Kiefer, Captain, U.S. Coast Guard, Captain of the Port Baltimore.
    [FR Doc. 2015-11190 Filed 5-7-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0188] RIN 1625-AA00 Safety Zones; Misery Challenge, Manchester Bay, Manchester, MA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard is proposing to establish a temporary safety zone in Manchester Bay to be enforced during the Misery Challenge marine event, which will involve swimmers, kayakers, and stand-up paddlers. This safety zone would ensure the protection of the event participants, support vessels, and maritime public from the hazards associated with the event. Vessels will be prohibited from entering into, transiting through, mooring, or anchoring within this safety zone during periods of enforcement unless authorized by the Coast Guard Sector Boston Captain of the Port (COTP) or the COTP's designated representative.

    DATES:

    Comments and related material must be received by the Coast Guard on or before June 8, 2015. Requests for public meetings must be received by the Coast Guard on or before May 15, 2015.

    ADDRESSES:

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

    (1) Federal eRulemaking Portal: http://www.regulations.gov.

    (2) Fax: 202-493-2251.

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

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

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, contact Mr. Mark Cutter, Coast Guard Sector Boston Waterways Management Division, telephone 617-223-4000, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.

    SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security CFR Code of Federal Regulation FR Federal Register NPRM Notice of Proposed Rulemaking NAD 83 North American Datum of 1983 A. Public Participation and Request for Comments

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

    1. Submitting Comments

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

    To submit your comment online, go to http://www.regulations.gov, type the docket number USCG-2015-0188 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-2015-0188 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. Regulartory History and Information

    This is a first time event with no regulatory history.

    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 establish regulatory safety zones.

    By establishing a temporary safety zone, the Coast Guard will ensure the protection of the event participants, support vessels, and maritime public from the hazards associated with the event.

    D. Discussion of Proposed Rule

    For the reason discussed above, the COTP, Sector Boston, is proposing to establish a temporary safety zone in the navigable waters of Manchester Bay, Manchester, Massachusetts. This rule is necessary to ensure the protection of the event participants, support vessels, and maritime public from the hazards associated with the event. Vessels not associated with the event shall maintain a distance of at least 100 yards from the participants. Specific geographic locations are specified in the regulatory text. This rule will be effective on August 1, 2015, from 7:30 a.m. to 11:30 a.m.

    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 these statutes or executive orders.

    1. Regulatory Planning and Review

    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, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders.

    We expect the economic impact of this rule to be minimal. This regulation may have some impact on the public, but that potential impact will likely be minimal for several reasons. First, this safety zone will be in effect for only 4 hours in the morning when vessel traffic is expected to be light. Second, vessels may enter or pass through the safety zone during an enforcement period with the permission of the COTP or the designated representative. Finally, the Coast Guard will provide notification to the public through Broadcast Notice to Mariners 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.

    For all of the reasons discussed in the REGULATORY PLANNING AND REVIEW section, the Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities.

    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. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. 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 will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

    5. Federalism

    A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and determined that this rule 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 an 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 is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a temporary safety zone. This rule may be categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A preliminary environmental analysis checklist supporting this assessment is available in the docket where indicated under ADDRESSES. 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 a new § 165.T01-0188 to read as follows:
    § 165.T01-0188 Safety Zone—Misery Challenge—Manchester Bay, Manchester, Massachusetts.

    (a) General. Establish a temporary safety zone:

    (1) Location. The following area is a safety zone: All navigable waters, from surface to bottom, within (100) yards from the participants and vessels in support of events in Manchester Bay, Manchester, MA, and enclosed by a line connecting the following points (NAD 83):

    Latitude Longitude 42°34′03″ N 70°46′42″ W; thence to 42°33′58″ N 70°46′33″ W; thence to 42°32′32″ N 70°47′45″ W; thence to 42°32′58″ N 70°48′40″ W; thence to point of origin.

    (2) Effective and enforcement period. This rule will be effective on August 1, 2015, from 7:30 a.m. to 11:30 a.m.

    (b) Regulations. While this safety zone is being enforced, the following regulations, along with those contained in 33 CFR 165.23, apply:

    (1) No person or vessel may enter or remain in this safety zone without the permission of the Captain of the Port (COTP), Sector Boston the COTP's representatives. However, any vessel that is granted permission by the COTP or the COTP's representatives must proceed through the area with caution and operate at a speed no faster than that speed necessary to maintain a safe course, unless otherwise required by the Navigation Rules.

    (2) Any person or vessel permitted to enter the safety zone shall comply with the directions and orders of the COTP or the COTP's representatives. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing lights, or other means, the operator of a vessel within the zone shall proceed as directed. Any person or vessel within the safety zone shall exit the zone when directed by the COTP or the COTP's representatives.

    (3) To obtain permissions required by this regulation, individuals may reach the COTP or a COTP representative via VHF channel 16 or 617-223-5757 (Sector Boston Command Center).

    (c) Penalties. Those who violate this section are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 1226.

    (d) Notification. Coast Guard Sector Boston will give notice through the Local Notice to Mariners, Broadcast Notice to Mariners, and to mariners for the purpose of enforcement of this temporary safety zone. Also, Sector Boston will notify the public to the greatest extent possible of any period in which the Coast Guard will suspend enforcement of this safety zone.

    (e) COTP representative. The COTP's representative may be any Coast Guard commissioned, warrant, or petty officer or any Federal, state, or local law enforcement officer who has been designated by the COTP to act on the COTP's behalf. The COTP's representative may be on a Coast Guard vessel, a Coast Guard Auxiliary vessel, a state or local law enforcement vessel, or a location on shore.

    Dated: April 27, 2015. J.C. O'Connor III, Captain, U.S. Coast Guard, Captain of the Port Boston.
    [FR Doc. 2015-11189 Filed 5-7-15; 8:45 am] BILLING CODE 9110-04-P
    POSTAL REGULATORY COMMISSION 39 CFR Part 3001 [Docket No. RM2015-8; Order No. 2465] Rules for Automatic Closure of Inactive Dockets AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Proposed rulemaking.

    SUMMARY:

    The Commission is proposing a rule which establishes procedures related to the automatic closure of inactive dockets. The primary purpose of the proposed rule is to simplify the docket closure process and reduce uncertainty over the status of inactive dockets. The Commission invites public comment on the proposal.

    DATES:

    Comments are due: June 8, 2015.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Background III. Proposed Rules IV. Comments Requested V. Ordering Paragraphs I. Introduction

    The Commission establishes a rulemaking docket pursuant to the Postal Accountability and Enhancement Act (PAEA), Public Law 109-435, 120 Stat. 3198 (2006), which authorizes the Commission to develop rules and establish procedures that it deems necessary and proper to carry out Commission functions.1

    1 See 39 U.S.C. 503; see also Postal Reorganization Act, Public Law 91-375, 84 Stat. 759 (1970), at section 3603.

    The primary purpose of this rulemaking is to establish procedures that would simplify the docket closure process by permitting automatic closure of a docket where there has been no activity in the docket for at least 12 months. The proposed rule would ensure that the information provided to the public concerning active dockets remains current. The proposed rule promotes sound and efficient administrative practice, and would serve the public interest by reducing uncertainty over the status of inactive dockets.

    II. Background

    Currently, there are no regulations in place that allow for the automatic closure of an inactive docket. In recent years, the Commission has initiated closure of inactive dockets by issuing an order to that effect. For example, on January 29, 2015, the Commission issued an order closing Docket No. PI2012-1 after nearly two years of inactivity.2 On January 30, 2015, the Commission issued an order closing Docket No. PI2010-1 as there had been no activity in the docket since June 2011.3 Certain other long-standing dockets, such as the ones noted above, remain open and are identified on the Commission's Web site as active dockets, despite years of inactivity. The proposed rule would establish a maximum inactive period that would automatically initiate docket closure, without Commission action, thereby preventing dormant dockets from remaining open without productive activity. It would also establish an opportunity for interested persons to request the reopening of an automatically closed docket for good cause.

    2 Docket No. PI2012-1, Order No. 2335, Order Closing Docket, January 29, 2015.

    3 Docket No. PI2010-1, Order No. 2337, Order Closing Proceeding, January 30, 2015, at 2.

    III. Proposed Rules

    Proposed § 3001.44(a) sets an inactive period of 12 months as the triggering event for automatic docket closure. Proposed § 3001.44(b) provides interested persons with an opportunity to request that an inactive docket remain open at least 10 days prior to automatic closure. Proposed § 3001.44(c) provides interested persons with an opportunity to request that an automatically closed docket be reopened for good cause.

    IV. Comments Requested

    Interested persons are invited to provide written comments concerning the proposed rules. Comments are due no later than 30 days after the date of publication of this notice in the Federal Register. All comments and suggestions received will be available for review on the Commission's Web site, http://www.prc.gov.

    Pursuant to 39 U.S.C. 505, Anne C. O'Connor is appointed to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in the above-captioned docket.

    VI. Ordering Paragraphs

    It is ordered:

    1. Docket No. RM2015-8 is established for the purpose of receiving comments on the proposed changes to part 3001, as discussed in this Order.

    2. Interested persons may submit comments no later than 30 days from the date of publication of this notice in the Federal Register.

    3. Pursuant to 39 U.S.C. 505, Anne C. O'Connor is appointed to serve as Public Representative in this proceeding.

    4. The Secretary shall arrange for publication of this Order in the Federal Register.

    By the Commission.

    Shoshana M. Grove, Secretary.
    Concurring Opinion of Commissioner Goldway

    I believe due process and transparency in public proceedings obliges a notice to the public when a docket is closed. Lacking such notice, it will be more difficult for interested persons to determine when, how and for what reason a docket was terminated.

    I would add the following language to the Proposed Rule: The Commission shall issue a public notice announcing the automatic closure of the docket, at the time of closure.

    The rule would be improved and the Commission's commitment to openness and citizen participation would be enhanced if the Commission were to adopt in the Final Rule the additional step I had recommended.

    Ruth Y. Goldway List of Subjects in 39 CFR Part 3001

    Administrative practice and procedure, Postal Service.

    For the reasons discussed in the preamble, the Commission proposes to amend chapter III of title 39 of the Code of Federal Regulations as follows:

    PART 3001—RULES OF PRACTICE AND PROCEDURE 1. The authority citation for part 3001 continues to read as follows: Authority:

    39 U.S.C. 404(d); 503; 504; 3661.

    2. Add new § 3001.44 to read as follows:
    § 3001.44 Automatic Closure of Inactive Docket.

    (a) The Commission shall automatically close a docket in which there has been no activity of record by any interested party or participant for 12 consecutive months.

    (b) Motion to stay automatic closure. Any interested party or participant, including the Postal Service, a Public Representative, or the Commission, may file a motion to stay automatic closure, pursuant to § 3001.21, and request that the docket remain open for a specified term not to exceed 12 months. Motions to stay automatic closure must be filed at least 10 days prior to the automatic closure date.

    (c) Motion to reopen automatically closed docket. If, at any time after a docket has been automatically closed, any interested party or participant, including the Postal Service, a Public Representative, or the Commission, may file a motion to reopen an automatically closed docket, pursuant to § 3001.21, and must set forth with particularity good cause for reopening the docket.

    [FR Doc. 2015-11061 Filed 5-7-15; 8:45 am] BILLING CODE 7710-FW-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 704 [EPA-HQ-OPPT-2010-0572; FRL-9926-86] Chemical Substances When Manufactured or Processed as Nanoscale Materials; TSCA Reporting and Recordkeeping Requirements; Notice of Public Meeting AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of public meeting.

    SUMMARY:

    EPA is holding a public meeting during the comment period of the proposed rule that published in the Federal Register of April 6, 2015, which involved proposed reporting and recordkeeping requirements for certain chemical substances when they are manufactured or processed at the nanoscale. Specifically, that proposal involves one-time reporting for existing nanoscale materials and one-time reporting for new discrete nanoscale materials before they are manufactured or processed. As stated in that proposed rule, the public meeting will provide an opportunity for further discussion of the proposed requirements and is intended to facilitate comments on all aspects of that proposed rule, especially comments on specific issues as identified in the proposed rule.

    DATES:

    The meeting will be held on June 11, 2015, from 9:00 a.m. to 4:00 p.m. Requests to participate in the meeting must be received on or before June 1, 2015.

    To request accommodation of a disability, please contact the technical person listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request.

    ADDRESSES:

    The meeting will be held at the East William Jefferson Clinton Building, Room 1153, 1201 Constitution Avenue NW., Washington, DC.

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Jim Alwood, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-8974; email address: [email protected]

    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. What is the topic of this public meeting?

    In the Federal Register issue of April 6, 2015 (80 FR 18330; FRL-9920-90), EPA proposed reporting and recordkeeping requirements for certain chemical substances when they are manufactured or processed at the nanoscale. EPA is seeking public comment on all aspects of the proposed rule. In addition, EPA is especially interested in comments pertaining to the following specific issues identified in Unit V. of the proposed rule:

    1. Identifying the chemical substances that would be subject to reporting. 2. Distinguishing between nanoscale forms of a reportable chemical substance. 3. Reporting discrete forms at least 135 days before commencement of manufacture or processing. 4. Considerations for the Agency's economic analysis. 5. Electronic reporting. 6. Consideration of potential future rulemaking regarding periodic reporting. II. How can I request to participate in this meeting?

    Requests to participate in this meeting, as well as any requests for accommodation of a disability, should be submitted directly to the technical person listed under FOR FURTHER INFORMATION CONTACT. Do not submit any information in your request that is considered Confidential Business Information (CBI), and do not submit any comments. Such requests must be received on or before June 1, 2015.

    Please remember that your comments must be submitted in accordance with the instructions in the proposed rule; must be identified by docket ID number EPA-HQ-OPPT-2010-0572; and must be received on or before July 6, 2015.

    III. How can I access the docket for the Proposed Rule?

    The docket for the proposed rule, identified by docket identification (ID) number EPA-HQ-OPPT-2010-0572, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 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 OPPT Docket is (202) 566-0280. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

    Authority:

    15 U.S.C. 2607(a).

    Dated: May 4, 2015. Maria J. Doa, Director, Chemical Control Division, Office of Pollution Prevention and Toxics.
    [FR Doc. 2015-11215 Filed 5-7-15; 8:45 am] BILLING CODE 6560-50-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1823, 1846, and 1852 RIN 2700-AE17 Drug- and Alcohol-Free Workforce and Mission Critical Systems Personnel Reliability Program AGENCY:

    National Aeronautics and Space Administration.

    ACTION:

    Proposed rule.

    SUMMARY:

    NASA is proposing to amend the NASA FAR Supplement (NFS) to remove requirements related to the discontinued Space Flight Mission Critical Systems Personnel Reliability Program and to revise requirements related to contractor drug and alcohol testing.

    DATES:

    Interested parties should submit comments to NASA at the address below on or before July 7, 2015 to be considered in formulation of the final rule.

    ADDRESSES:

    Interested parties may submit comments, identified by RIN number 2700-AE17 via the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments may also be submitted to Marilyn E. Chambers via email at [email protected]

    SUPPLEMENTARY INFORMATION:

    A. Background

    NASA is proposing to revise the NASA FAR Supplement (NFS) to remove policy at 1846.370 NASA contract clauses, and the related clause at 1852.246-70, Mission Critical Space System Personnel Reliability Program. Additionally, other revisions, partially related to the removal of the Mission Critical Space System Personnel Reliability Program, and to clarify and update the guidance, are proposed to Subpart 1823.5, Drug-Free Workplace, and the associated clause at 1852.223-74, Drug- and Alcohol-Free Workforce.

    NASA discontinued the Mission Critical Space System Personnel Reliability Program (the Program) effective April 8, 2014. As stated at 79 FR 7391, the Agency conducted an analysis of its existing regulations and determined that 14 CFR part 1214, entitled “Space Flight Mission Critical Systems Personnel Reliability Program,” was obsolete and had been replaced by other measures to ensure that contractor employees assigned to mission-critical positions meet established screening requirements. Accordingly, NFS policy implementing the Program is no longer needed. However, the Program was linked to the prescription for the Drug- and Alcohol-Free Workforce clause which directed contracting officers to use the clause in all solicitations and contracts containing the clause at 1852.246-70, “Mission Critical Space Systems Personnel Reliability Program.” With the discontinuance of the Program, the prescription for this clause must be revised.

    NASA's authority to require contractor alcohol and drug testing is derived from the Civil Space Employee Testing Act of 1991, Public Law 102-195, sec. 21, 105 Stat. 1616 to 1619. The Act states the success of the United States civil space program is contingent upon the safe and successful development and deployment of the many varied components of that program and that the greatest efforts must be expended to eliminate the abuse of alcohol and use of illegal drugs. To this end, NASA is authorized to prescribe regulations which require contractors to conduct preemployment, reasonable suspicion, random, and post-accident testing of contractor employees responsible for safety-sensitive, security, or national security functions for use, in violation of applicable law or Federal regulation, of alcohol or a controlled substance. While the NFS drug and alcohol testing requirements are partially tied to the Mission Critical Space System Personnel Reliability Program, rescission of the program does not remove the need for such testing. Furthermore, 14 CFR, subpart 1214.5, contained two key terms and their definitions that will be helpful to Agency contracting officers in determining which contracts should include the drug and alcohol testing requirements. These terms are “mission critical space system” and “mission critical positions/duties.” This rule proposes to add these terms to NFS 1823.570, Drug- and Alcohol-free Workplace, and the associated clause at 1852.223-74, Drug- and Alcohol-Free Workforce.

    Two other terms, “employee” and “controlled substance,” are referenced, but not defined at 1823.570-1. These terms are defined at FAR 23.503. Additionally, NFS 1823.570-1 contained the statement, “The use of a controlled substance in accordance with the terms of a valid prescription, or other uses authorized by law shall not be subject to the requirements of 1823.570 to 1823.570-3 and the clause at 1852.223-74.” This exemption of a controlled substance used in accordance with the terms of a valid prescription, or other uses authorized by law was removed from the definitions and added to paragraph (c)(1) of the clause, so that contractors may easily see when use of a controlled substance may be permitted.

    A revised section (b)(2) to the clause adds a reference to NASA Procedural Requirements (NPR) 3792.1, NASA's Plan for a Drug Free Workplace, Appendices A and B on “Testing Designated Positions” (TDPs) for federal employees, as a guide for contractors to use when determining if an employee is in a sensitive position and subject to drug and alcohol testing.

    The most recent titles and references for the applicable Federal drug testing programs are added: “Mandatory Guidelines for Federal Workplace Drug Testing Programs” published by the Department of Health and Human Services 73 FR 71858 and the procedures in 49 CFR part 40, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs. Additionally, the rule expands the list of drugs required to be tested for from “marijuana and cocaine” to add amphetamines, opiates and phencyclidine (PCP) in accordance with the Mandatory Guidelines for Federal Workplace Drug Testing Programs Mandatory Guidelines, Section 3.1, and 49 CFR 40.85.

    Based on the Civil Space Employee Testing Act requirements, the current clause at 1852.223-74 requires contractors to conduct “post-accident” drug and alcohol testing. A new paragraph (5) is added to specify post-accident testing is required when the contractor determines the employee's actions are reasonably suspected of having caused or contributed to an accident resulting in death or personal injury requiring immediate hospitalization or damage to Government or private property estimated to exceed $20,000. Additionally, the contractor is advised that the contracting officer may request the results of this post-accident testing. The purpose of this is to inform any accident investigation NASA may conduct. The contractor is required to provide only information on whether the testing was conducted and whether results showed any evidence of drug or alcohol use in violation of the clause. The contractor is not required to provide the names of individuals tested or of individual employee's test results.

    B. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule is not a significant regulatory action under section 3(f) of Executive Order 12866. This proposed rule is not a major rule under 5 U.S.C. 804.

    C. Regulatory Flexibility Act

    NASA does not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. However, an Initial Regulatory Flexibility Analysis has been performed and is summarized as follows:

    • This proposed rule amends the NFS to remove requirements related to the Mission Critical Space System Personnel Reliability Program which was discontinued effective April 8, 2014. The NFS contains a clause at 1852.246-70, Mission Critical Space System Personnel Reliability Program, which implemented the requirements of the Program on NASA contracts involving critical positions designated in accordance with 14 CFR 1214.5, Mission Critical Space System Personnel Reliability Program. With the discontinuance of the Program the clause is no longer necessary and is removed.

    • NFS 1823.570-2, Contract clause, requires the contracting officer to insert the clause at 1852.223-74, Drug- and Alcohol-Free Workforce, in all solicitations and contracts containing the clause at 1852.246-70, “Mission Critical Space Systems Personnel Reliability Program.” With the discontinuance of the Program, the prescription for this is revised to remove the reference to the Program. However, because NASA's contractor drug and alcohol testing requirements are based on the statutory requirements of the Civil Space Employee Testing Act of 1991, Public Law 102-195, sec. 21, 105 Stat. 1616 to 1619, the terms “mission critical space systems” and “mission critical positions/duties,” previously used in the Program, are carried over to the drug and alcohol testing clause as a point of reference for defining contract personnel and contract functions which come under the civil space employee testing requirements. While the term “mission critical space systems” is carried over, the definition is revised from “The Space Shuttle and other critical space systems, including Space Station Freedom, designated Expendable Launch Vehicles (ELV's), designated payloads, Shuttle Carrier Aircraft and other designated resources that provide access to space” to “the collection of all space-based and ground-based systems used to conduct space missions or support activity in space, including, but not limited to, the crewed space system, space-based communication and navigation systems, launch systems, and mission/launch control.” The revised definition deletes obsolete references such as the “Space Station Freedom” and “Shuttle Carrier Aircraft” and characterizes the systems which are critical to NASA's space mission.

    • The statement that use of a controlled substance in accordance with a valid prescription or otherwise authorized by law is moved from the definitions to 1823.570-1 to paragraph (c)(1) of the clause, so that contractors may readily see when use of a controlled substance may be permitted.

    • A reference is added to NASA Procedural Requirements (NPR) 3792.1, NASA's Plan for a Drug Free Workplace, Appendices A and B on “Testing Designated Positions” (TDPs) for federal employees, as a guide for contractors to use when designating “sensitive” positions. This is intended as a guide and does not change the application of the policy.

    • The clause contained an outdated Federal Register reference to the Mandatory Guidelines for Federal Workplace Drug Testing Programs, published by the Department of Health and Human Services. The reference to the Department of Transportation's procedures at 49 CFR part 40 is revised to include the appropriate title, Procedures for Transportation Workplace Drug and Alcohol Testing Programs.

    • The list of drugs required to be tested is revised from marijuana and cocaine to add amphetamines, opiates and phencyclidine (PCP) in accordance with the Mandatory Guidelines for Federal Workplace Drug Testing Programs Mandatory Guidelines, Section 3.1, and 49 CFR part 40 Section 40.85.

    • A new paragraph (5) is added to specify that post-accident testing is required when the contractor determines the employee's actions are reasonably suspected of having caused or contributed to an accident resulting in death or personal injury requiring immediate hospitalization or damage to Government or private property estimated to exceed $20,000. Additionally, the contractor is informed that the contracting officer may request the results of this post-accident testing.

    The proposed rule will not change the application of the clause. This proposed rule imposes no new reporting requirements. This proposed rule does not duplicate, overlap, or conflict with any other Federal rules. No alternatives were identified that would meet the objectives of the rule. Excluding small business concerns that may be subject to the rule would not be in the best interest of the small business concerns or the Government, because drug and alcohol testing of contractors performing functions related to mission critical space systems is statutorily mandated and is necessary in order to protect human life and the nation's civil space assets. NASA invites comments from small business concerns and other interested parties on the expected impact of this proposed rule on small entities. NASA will also consider comments from small entities concerning the existing regulations in subparts affected by this proposed rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 and RIN number 2700-AE17 in correspondence.

    D. Paperwork Reduction Act

    The proposed rule does not contain information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. Chapter 35).

    List of Subjects in 48 CFR 1823, 1846, and 1852

    Government procurement.

    Cynthia D. Boots, Alternate Federal Register Liaison.

    Accordingly, 48 CFR parts 1823, 1846, and 1852 are proposed to be amended as follows:

    PART 1823—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE 1. The authority citation for part 1823 continues to read as follows: Authority:

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

    1823.570-1 [Revised]
    2. Section 1823.570-1 is revised by: a. Removing the introductory paragraph, b. Revising the definition for “Employee in a sensitive position”, and c. Adding the definitions for “Mission Critical Space Systems” and “Mission Critical Positions/Duties” to read as follows: Subpart 1823.5—Drug-Free Workplace
    1823.570-1 Definitions.

    “Employee in a sensitive position” means a contractor or subcontractor employee who has been granted access to classified information; a contractor or subcontractor employee in other positions that the contractor or subcontractor determines could reasonably be expected to affect safety, security, National security, or functions other than the foregoing requiring a high degree of trust and confidence; and includes any employee performing in a position designated “mission critical” or performing mission-critical duties. The term also includes any applicant who is tentatively selected for a position described in this paragraph.

    Mission Critical Space Systems” means the collection of all space-based and ground-based systems used to conduct space missions or support activity in space, including, but not limited to, the crewed space system, space-based communication and navigation systems, launch systems, and mission/launch control.

    Mission Critical Positions/Duties” means positions or duties which, if performed in a faulty, negligent, or malicious manner, could jeopardize mission critical space systems and/or delay a mission.

    1823.570-2 [Revised]
    3. Section 1823.570-2 is revised to read as follows:
    1823.570-2 Contract clause.

    The contracting officer shall insert the clause at 1852.223-74, “Drug- and Alcohol-Free Workforce,” in all solicitations and contracts exceeding $5 million in which work is performed by an employee in a sensitive position. However, the contracting officer shall not insert the clause at 1852.223-74 in solicitations and contracts for commercial items.

    PART 1846—QUALITY ASSURANCE 4. The authority citation for part 1846 continues to read as follows: Authority:

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

    1846.370 [Revised]
    5. Section 1846.370 is revised to read as follows:
    1846.370 NASA contract clauses

    The contracting officer shall insert the clause at 1852.246-73, Human Space Flight Item, in solicitations and contracts for human space flight hardware and flight-related equipment if the highest available quality standards are necessary to ensure astronaut safety.

    PART 1852—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 6. The authority citation for part 1852 continues to read as follows: Authority:

    51 U.S.C. 20113(a) and 48 CFR chapter 1.

    1852.223-74 [Revised]
    7. Section 1852.223-74 is revised by: a. Amending paragraph (a), b. Amending paragraphs (b)(2) through (b)(4) c. Adding a new paragraph (b)(5) to read as follows:
    1852.223-74 Drug- and alcohol-free workforce.

    As prescribed in 1823.570-2, insert the following clause:

    Drug- and Alcohol-Free Workforce (XX/XXXX)

    (a) Definitions.

    “Employee in a sensitive position” means a contractor or subcontractor employee who has been granted access to classified information; a contractor or subcontractor employee in other positions that the contractor or subcontractor determines could reasonably be expected to affect safety, security, National security, or functions other than the foregoing requiring a high degree of trust and confidence; and includes any employee performing in a position designated mission critical or performing mission critical duties. The term also includes any applicant who is tentatively selected for a position described in this paragraph.

    Mission Critical Space Systems” means the collection of all space-based and ground-based systems used to conduct space missions or support activity in space, including, but not limited to, the crewed space system, space-based communication and navigation systems, launch systems, and mission/launch control.

    Mission Critical Positions/Duties” means positions or duties which, if performed in a faulty, negligent, or malicious manner, could jeopardize mission critical space systems and/or delay a mission.]

    (b) * * *

    (2) In determining which positions to designate as “sensitive,” the contractor may use NASA Procedural Requirements (NPR) 3792.1, NASA's Plan for a Drug Free Workplace, Appendices A and B on “Testing Designated Positions” (TDPs) for Federal employees, as a guide for the criteria and in designating “sensitive” positions for contractor employees.

    (3) This clause neither prohibits nor requires the Contractor to test employees in a foreign country. If the Contractor chooses to conduct such testing, this does not authorize the Contractor to violate foreign law in conducting such testing.

    (4) The Contractor's program shall conform to the “Mandatory Guidelines for Federal Workplace Drug Testing Programs” published by the Department of Health and Human Services (73 FR 71858) and the procedures in 49 CFR part 40, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs.”

    (i) The Contractor shall test for the following drugs: Marijuana, Cocaine, Amphetamines, Opiates and Phencyclidine (PCP) in accordance with the Mandatory Guidelines for Federal Workplace Drug Testing Programs Mandatory Guidelines, Section 3.1, and 49 CFR 40.85.

    (ii) The contractor shall comply with the requirements and procedures for alcohol testing at 49 CFR part 40.

    (iii) The use of a controlled substance in accordance with the terms of a valid prescription, or other uses authorized by law shall not be subject to the requirements this clause.

    (5) The contractor shall conduct post-accident testing when the contractor determines the employee's actions are reasonably suspected of having caused or contributed to an accident resulting in death or personal injury requiring immediate hospitalization or damage to Government or private property estimated to exceed $20,000. Upon request, the Contractor shall provide the results of post-accident testing to the Contracting Officer.

    1852.246-70 [Removed]
    8. Section 1852.246-70 is removed.
    [FR Doc. 2015-10945 Filed 5-7-15; 8:45 am] BILLING CODE 7510-13-P
    80 89 Friday, May 8, 2015 Notices DEPARTMENT OF AGRICULTURE Agricultural Research Service Notice of Intent To Grant Exclusive License AGENCY:

    Agricultural Research Service, USDA.

    ACTION:

    Notice of intent.

    SUMMARY:

    Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Washington State Crop Improvement Association of Pullman, Washington, an exclusive license to the variety of field pea described in Plant Variety Protection Certificate Application Number 201500303, “HAMPTON,” dated April 13, 2015.

    DATES:

    Comments must be received on or before June 8, 2015.

    ADDRESSES:

    Send comments to: USDA, ARS, Office of Technology Transfer, 5601 Sunnyside Avenue, Rm. 4-1174, Beltsville, Maryland 20705-5131.

    FOR FURTHER INFORMATION CONTACT:

    Mojdeh Bahar of the Office of Technology Transfer at the Beltsville address given above; telephone: 301-504-5989.

    SUPPLEMENTARY INFORMATION:

    The Federal Government's rights in this plant variety are assigned to the United States of America, as represented by the Secretary of Agriculture. It is in the public interest to so license this plant variety as Washington State Crop Improvement Association of Pullman, Washington has submitted a complete and sufficient application for a license. The prospective exclusive license will be royalty-bearing and will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. The prospective exclusive license may be granted unless, within thirty (30) days from the date of this published Notice, the Agricultural Research Service receives written evidence and argument which establishes that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7.

    Mojdeh Bahar, Assistant Administrator.
    [FR Doc. 2015-11132 Filed 5-7-15; 8:45 am] BILLING CODE 3410-03-P
    DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request May 4, 2015.

    The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725 17th Street NW., Washington, DC 20503. Commenters are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received by June 8, 2015. Copies of the submission(s) may be obtained by calling (202) 720-8681.

    An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

    Grain Inspection, Packers and Stockyard Administration

    Title: Export Inspection and Weighing Waiver for High Quality Specialty Grains Transported in Containers.

    OMB Control Number: 0580-0022.

    Summary of Collection: The United States Grain Standards Act, as amended (7 U.S.C. 71-87) (USGSA), with few exceptions, requires that all grain shipped from the United States must be officially inspected and weighed. The Grain Inspection, Packers and Stockyards Administration (GIPSA) amended section 7 CFR 800.18 of the regulations to waive the mandatory inspection and weighing requirements of the USGSA for high quality specialty grain exported in containers. GIPSA established this waiver to facilitate the marketing of high quality specialty grain exported in containers.

    Need and Use of the Information: To comply with the waiver of the mandatory inspection and weighing requirements, GIPSA requires exporters of high quality specialty grain to maintain records generated during the normal course of business that pertain to these shipments and make these documents available to GIPSA upon request for review or copying purposes. These records are maintained for a period of 3 years. This requirement is essential to ensure exporters of high quality specialty grain in containers comply with the waiver requirements.

    Description of Respondents: Business or other for-profit.

    Number of Respondents: 40.

    Frequency of Responses: Recordkeeping.

    Total Burden Hours: 240.

    Charlene Parker, Departmental Information Collection Clearance Officer.
    [FR Doc. 2015-11096 Filed 5-7-15; 8:45 am] BILLING CODE 3410-KD-P
    DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2014-0096] Notice of Decision To Authorize the Interstate Movement of Sea Asparagus Tips From Hawaii Into the Continental United States AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    We are advising the public of our decision to authorize the interstate movement of fresh sea asparagus tips from Hawaii into the continental United States. Based on the findings of a pest list and a risk management document, which we made available to the public for review and comment through a previous notice, we have concluded that the application of one or more designated phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the movement of fresh sea asparagus tips from Hawaii into the continental United States.

    DATES:

    Effective May 8, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Mr. David Lamb, Senior Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851-2103.

    SUPPLEMENTARY INFORMATION:

    Under the regulations in “Subpart—Regulated Articles From Hawaii and the Territories” (7 CFR 318.13-1 through 318.13-26, referred to below as the regulations), the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture prohibits or restricts the interstate movement of fruits and vegetables from Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands to the continental United States to prevent the spread of plant pests and noxious weeds that occur in Hawaii and the territories.

    Section 318.13-4 contains a performance-based process for approving the interstate movement of certain fruits and vegetables from Hawaii and the U.S. territories that, based on the findings of a pest risk analysis, can be safely moved subject to one or more of the six phytosanitary measures listed in § 318.13-4(b).

    APHIS received a request from the Hawaii Department of Agriculture to allow the interstate movement of fresh sea asparagus tips (Salicornia bigelovii Torr.) to the continental United States. Hawaii has indicated a specific interest in production and shipment of fresh sea asparagus tips, which are currently prohibited from interstate movement from Hawaii to the continental United States.

    In accordance with the process in § 318.13-4, we published a notice 1 in the Federal Register on January 23, 2015 (80 FR 3548-3549, Docket No. APHIS-2014-0096), in which we announced, for review and comment, the availability of a pest list that identifies pests of quarantine significance that could follow the pathway of interstate movement of sea asparagus tips into the continental United States. Based on that pest list, we prepared a risk management document (RMD) to identify phytosanitary measures that could be applied to the commodity to mitigate the pest risk.

    1 To view the notice, pest list, RMD, and comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0096.

    We solicited comments on the pest list and RMD for 60 days ending on March 24, 2015. We received two comments by that date, from an organization of State plant regulatory agencies and a private citizen. Neither commenter opposed the action; however, one commenter asked for the scientific name and a general description of sea asparagus.

    As stated in the RMD, sea asparagus (Salicornia bigelovii Torr.) is grown in salt water ponds on floating plant cultivation platforms where their roots are exposed to brackish waters. The asparagus tips do not touch water, soil, or sediments. Sea asparagus is sometimes referred to as “sea beans” or “sapphire greens” on restaurant menus and ingredient lists.

    Therefore, in accordance with § 318.13-4, we our announcing our decision to authorize the interstate movement of sea asparagus from Hawaii to the continental United States subject to the following phytosanitary measures:

    • Sea asparagus tips must be moved interstate as commercial consignments only, and

    • Each consignment is subject to pre-departure inspection in Hawaii prior to interstate movement to the continental United States.

    These conditions will be listed in the Hawaii Fruits and Vegetables Manual (available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/hawaii.pdf).

    Authority:

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

    Done in Washington, DC, this 4th day of May 2015. Kevin Shea, Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2015-11124 Filed 5-7-15; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS-2015-0005] Ongoing Equivalence Verifications of Foreign Food Regulatory Systems AGENCY:

    Food Safety and Inspection Service, USDA.

    ACTION:

    Notice; response to comments.

    SUMMARY:

    The Food Safety and Inspection Service (FSIS) is responding to comments on the Federal Register notice, “Ongoing Equivalence Verifications of Foreign Food Regulatory Systems,” it published on January 25, 2013.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Daniel Engeljohn, Assistant Administrator, Office of Policy and Program Development; Telephone: (202) 205-0495.

    SUPPLEMENTARY INFORMATION: Background

    Imported meat, poultry, and egg products must meet all applicable statutory provisions and regulations, including standards for safety, wholesomeness, and labeling applicable to similar products produced in the United States (see 21 U.S.C. 620, 466, and 1046; 9 CFR 327.2, 381.196, and 590.910). Foreign meat, poultry, and egg products food regulatory systems may apply equivalent sanitary measures if those measures provide the same level of public health protection achieved by U.S. measures.

    Any country can apply for eligibility to export meat, poultry, or egg products to the United States. Based on FSIS's review of the information and documentation that the country submits, FSIS decides whether the foreign country's food regulatory system meets all U.S. requirements in the same or an equivalent manner. This is the document analysis. If so, FSIS performs an on-site audit of the entire foreign meat, poultry, or egg products regulatory system. When both the document analysis and on-site audit show that the country's system is equivalent to that of the U.S., FSIS publishes a proposed rule in the Federal Register that announces the results of the first two steps and proposes to add the country to its list of countries eligible to export to the U.S. in FSIS's regulations. After analyzing the public comments that it receives, FSIS makes a final decision about whether the country's system is equivalent based upon all the information it has gathered and publishes a final rule in the Federal Register announcing its determination on the country's eligibility. This comprehensive process is described fully on FSIS's Web site at http://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/importing-products/equivalence/equivalence-process-overview.

    Once a country is determined to be eligible to export to the United States, FSIS continues to monitor that country's food regulatory system. In a notice published in the Federal Register on January 25, 2013, “Ongoing Equivalence Verification of Foreign Food Regulatory Systems,” (78 FR 5409) (hereafter “the Federal Register notice”), FSIS described how it conducts ongoing activities to ensure that food regulatory systems of countries that export meat, poultry, or processed egg products to the United States remain equivalent to FSIS's system. FSIS explained that it uses a three-part approach that includes (1) document reviews, (2) on-site system audits, and (3) port-of-entry (POE) reinspections. FSIS determines the scope and frequency of foreign on-site system audits based on its analysis of the results of its document reviews and its ongoing assessment of a country's performance. This performance-based approach allows FSIS to direct its audit resources to foreign food regulatory systems that appear to pose a greater risk to public health than other foreign systems.

    FSIS uses the equivalence questionnaire, called the Self-Reporting Tool (SRT), to collect information for FSIS's document review of the food regulatory systems of countries that are listed in the regulations as eligible to export meat, poultry, or egg products to the United States as well as for the systems of countries interested in becoming eligible (78 FR 5409, January 25, 2013). A copy of the SRT is available on FSIS's Web site at http://www.fsis.usda.gov/wps/wcm/connect/7893547e-d0d2-4fa9-a984-fdc17228bfcd/SRT.pdf?MOD=AJPERES. The SRT is a repository for key documents about a foreign food safety inspection system (e.g., inspection system laws, regulations, and policy issuances) that FSIS uses, in addition to on-site audits, to verify whether the laws, regulations, and implementing policies of a foreign country establish an inspection system that is equivalent to the U.S. system. It also allows FSIS to evaluate whether a country maintains system effectiveness and to assess any impacts that an administrative or legislative change has had on a foreign food regulatory system. FSIS conducts a document review at least annually.

    The SRT also includes questions for FSIS to use in assessing how frequently it is necessary to conduct on-site audits of the country after FSIS approves export to the United States. FSIS refers to these questions as level of advancement (LOA) questions. The LOA questions are clearly marked in the SRT as “used for scoring purposes.” In answering the LOA questions, foreign countries demonstrate the full extent to which they have developed and implemented an equivalent, systems-based approach to food safety regulation that achieves the U.S. level of protection. The SRT and LOA questions may change over time to reflect changes in the United States' inspection system and associated sanitary measures. As explained in the Federal Register notice, the LOA questions are derived from the Codex Alimentarius Commissions' Guidelines on the Judgment of Equivalence of Sanitary Measures associated with Food Inspection and Certification systems (CAC/GL 53-2003), and the principles outlined in the joint Food and Agricultural Office of the United Nations (FAO) and World Health Organization (WHO) publication, “Assuring Food Safety and Quality: Guidelines for Strengthening National Food Control Systems” (78 FR 5409, January 25, 2013). These questions ask foreign countries to provide information to FSIS on the use of risk analysis principles; the impact of organizational, structural, or administrative change in an exporting country's competent authority; the availability of contingency plans in the country for containing and mitigating the effects of food safety emergencies; the competent authority's willingness and ability to take appropriate actions to manage food safety incidents; and the effectiveness of foodborne disease surveillance systems. For each LOA question, FSIS assigns a score.

    In February 2013, FSIS posted more information on LOA questions and scoring in the supplementary document “Performance-Based Approach to Foreign Country Equivalence Verification Audits and Point-of-Entry (POE) Reinspections,” which is available on FSIS's Web site at http://www.fsis.usda.gov/wps/wcm/connect/c10d362b-c978-4578-8b9e-93f956601ccf/Performance_Based_Approach_Equivalence_Verification_0213.pdf?MOD=AJPERES. In the Federal Register notice and the supplementary document, FSIS provided examples of criteria applied to assign an LOA to two aspects of a foreign country's regulatory system (i.e., risk analysis and POE results) but did not provide details on how the various assignments were combined to determine a foreign food regulatory system's overall LOA (78 FR 5409, January 25, 2013). FSIS has since updated and streamlined the SRT questions and restructured the LOA questions (80 FR 9428, February 23, 2015). As a result, FSIS has changed the way that it scores LOA questions. Specifically, a score of zero or one is assigned for each LOA question. FSIS summarizes these scores and applies adjustments as needed to ensure meaningful comparisons when setting each country's LOA. FSIS intends to update the supplementary document to provide more information about this change.

    FSIS uses the results from the analysis of the LOA questions, previous on-site audits, and POE results to place exporting countries into one of three categories based on food safety performance, with corresponding audit frequencies: Well-performing countries are to be audited every three years; average-performing countries are to be audited every two years; and adequately-performing countries are to be audited every year.

    FSIS received approximately 31 comments in response to the Federal Register notice from foreign countries, trade consulting groups, consumer groups, private citizens, a trade association representing the meat industry, and a member of the U.S. Congress.

    Recent Changes

    On February 23, 2015, FSIS responded to comments on the Agency's document review process for determining and verifying initial and ongoing equivalence (80 FR 9428). FSIS announced that it had streamlined the SRT and launched a Web-based version within its Public Health Information System (PHIS) to more efficiently capture up-to-date information about foreign food regulatory systems.

    A summary of the other issues raised by the commenters in response to the Federal Register notice and the Agency's responses are below. In addition, FSIS updated the National Advisory Committee on Meat and Poultry Inspection (NACMPI) and the public on the Agency's progress in incorporating NACMPI's 2008 recommendations on the equivalence process on January 7, 2014, and again on January 13, 2015 (see 78 FR 77643 and 79 FR 77441). On January 7, 2014, FSIS received three comments on the Agency's methodology from two consumer groups and a farmer. On January 13, 2015, FSIS received three comments from two consumer groups and a trade association that represents meat processors. These comments are also summarized and addressed below.

    Summary of Comments

    Comment: Several commenters stated that FSIS should have published the proposed changes to its ongoing equivalence verification process in the Federal Register and considered comments from the public before the Agency implemented any of the changes. The commenters argued that FSIS should not have changed its food safety inspection program without stakeholder involvement. A few commenters stated that FSIS should have also conducted a risk assessment and economic analysis before making any changes to its ongoing equivalence verification process.

    Response: FSIS made changes to its ongoing equivalence verification process, such as developing the Microsoft Word and Web-based versions of the SRT, transitioning from an annual on-site audit to less frequent on-site audits based on performance, and launching PHIS to schedule POE sampling over a period of years. These changes did not create new requirements for establishments or foreign countries and, therefore, did not require amendments to the relevant regulations. Matters relating to Agency management are exempt from the notice-and-comment requirements of the Administrative Procedure Act (APA) (5 U.S.C. 553(a)(2)). Similarly, because FSIS did not propose new requirements for the industry or foreign countries, FSIS did not develop a risk assessment or an economic analysis on the Agency's decision to change its ongoing equivalence verification process. Nonetheless, the Agency made its decision-making process public. As noted in the Federal Register notice, FSIS held a public meeting with NACMPI on the changes it intended to make before it made any changes to its ongoing equivalence verification process (78 FR 5409, January 25, 2013). Membership of NACMPI is drawn from representatives of consumer groups; producers, processors, and marketers from the meat, poultry, and egg product industries; State and local government officials; and academia. Therefore, the Agency provided an opportunity for stakeholder input before it made any changes to its ongoing equivalence verification process.

    On-Site Audits

    Comment: FSIS received several comments on the frequency of the Agency's on-site audits of foreign countries' food regulatory systems. A foreign country supported the Agency's determination that annual visits to countries are not necessary when those systems are documented to be performing “well” or in an “average” way. The foreign country stated that visits every two to three years to these countries, given the other information that is available to FSIS, provide the necessary information for FSIS to determine whether these foreign systems continue to meet the U.S. level of protection.

    Several commenters stated that FSIS should, at a minimum, conduct annual audits. These same commenters recommended that the scope and intensity of the annual audits should change, based on risk and the conditions in the country when auditors arrive. For example, these commenters stated that information provided through the SRT should provide information necessary for auditors to focus on particular areas of concern that auditors could adjust as appropriate, given actual conditions once they have arrived. The commenters asserted that this approach would ensure that FSIS was auditing foreign countries on a regular basis but would also allow them to devote finite resources to those areas of greatest concern.

    Some commenters who stated that FSIS should audit foreign countries' food regulatory systems at least annually stated that FSIS reduced the number of on-site audits because of budget constraints.

    One commenter stated that NACMPI never recommended that the Agency shift from annual on-site audits to periodic on-site audits. The commenter asserted that NACMPI recommended that FSIS continue to audit foreign country's food regulatory systems annually and consider risk in determining whether more frequent or more focused audits were necessary.

    Another commenter stated that FSIS is not conducting on-site audits at a minimum frequency of once every three years for all countries that are exporting meat, poultry, or egg products to the United States.

    Two commenters stated that food product recalls of imported products from foreign countries show that food safety issues have emerged since FSIS altered its audit frequency schedule. A few other commenters cited recent safety issues related to products produced in China (e.g., baby formula and jerky dog treats linked to illnesses and deaths of babies and dogs, respectively) to support their claim that food products produced in other countries are not always safe and wholesome. The commenters also stated that they were concerned about the safety of poultry products produced in China.

    Response: FSIS did not change its methodology because of budget constraints. FSIS determined, based on NACMPI's recommendations and audits conducted over the years, that annual visits are not necessary for countries with systems performing in an average way or well (see 78 FR 5409, January 25, 2013). If FSIS is annually receiving up-to-date documentation from the foreign country on the state of its food safety system, conducting periodic on-site audits of these countries that are informed by the documentation that the Agency receives, and reviewing and analyzing FSIS POE results, FSIS is able to determine on an on-going basis whether the countries' food regulatory systems are maintaining equivalence to FSIS's system, or whether additional audits are necessary.

    FSIS may adjust the scope and intensity of audits based on risk and the conditions in the country when auditors arrive. In addition, for countries that FSIS has determined to be eligible to export product to the U.S., FSIS develops an audit plan based on prior concerns that FSIS has identified with the country's system, any relevant changes the country has made since the last audit, and recent information that the country has submitted to FSIS concerning its system (such as information submitted through the SRT) (see FSIS Notice 35-14, Ongoing Foreign Equivalence Verification Audits, available at http://www.fsis.usda.gov/wps/wcm/connect/ac10a0c7-792f-4323-a0c7-15a8d4ee71bd/35-14.pdf?MOD=AJPERES).

    NACMPI did not recommend that the Agency conduct annual on-site audits to verify ongoing equivalence. In 2008, NACMPI recommended that the “length of time between audits can be based more on risk and compliance history in the foreign country,” 1 and that “a three-tiered system may be appropriate.” 2 NACMPI also recommended that the scope and frequency of on-site audits and POE reinspections be adjusted based on the capability of a country to be transparent and to share useful regulatory information and compliance history. Under FSIS's three-part approach, FSIS bases the frequency of on-site audits on the results of FSIS's assessment of the country's performance. FSIS assesses all countries annually. The assessment focuses on each eligible country's overall food safety performance relative to the performance of other eligible countries. The assessment includes a statistical analysis of compliance data from POE re-inspections and results from FSIS's previous on-site audits of the country's government offices, establishments, and laboratories. This approach is consistent with NACMPI's recommendation that FSIS adopt a risk-informed and compliance-based approach.

    1 National Advisory Committee on Meat and Poultry Inspection, “Report of Sub-committee Number 1,” Washington, DC (2008). Available at: http://www.fsis.usda.gov/wps/wcm/connect/c669100d-7282-4ee2-b04c-2a799516a962/NACMPI_Subcommittee1_082708.pdf?MOD=AJPERES.

    2 National Advisory Committee on Meat and Poultry Inspection, “Report of Sub-committee Number 2,” Washington, DC (2008). Available at: http://www.fsis.usda.gov/wps/wcm/connect/802e06af-81c1-4fc4-b582-6ccea24d8cba/NACMPI_Subcommittee2_082708.pdf?MOD=AJPERES.

    FSIS acknowledges that it has not audited all countries eligible to export at least once every three years. Some time was necessary to work through the mechanics of the transition from an annual on-site audit to less frequent on-site audits based on performance (78 FR 5409, January 25, 2013). Going forward, FSIS will conduct on-site audits of countries eligible to export product to the U.S. at least once every three years.

    Approximately the same number of recalls involving imported products occurred when FSIS conducted annual on-site audits as have occurred since FSIS changed the frequency of on-site audits in certain countries.3 FSIS is committed to protecting the health of U.S. consumers, and it will continue to make every effort to ensure that meat, poultry, and egg products imported into the United States are as safe as products produced in this country.

    3 From 2004 to 2008, approximately 16 recalls involved imported amenable products. In 2009, FSIS began its transition from its annual on-site audit to less frequent audits based on performance; there were approximately six recalls that year. From 2010 to 2014, there were approximately 15 recalls. FSIS did not include recalls that involved amenable products produced by a foreign establishment that were delivered into commerce without the benefit of FSIS POE reinspection because FSIS has changed its policy on these types of recalls over the years.

    Finally, regarding concerns about products from China, FSIS does not inspect baby formula or jerky dog treats. These products are under the jurisdiction of the U.S. Food and Drug Administration (FDA). Currently, China is only authorized to export to the United States processed poultry products that originated in the U.S. or another equivalent country. FSIS will reinspect at POE any processed (fully cooked) poultry products exported from China. China has not yet exported such product to the United States. FSIS will conduct annual on-site audits of China's regulatory system for at least the next three years, as the Agency would do for any country that has just been found to be equivalent.

    Comment: A few commenters requested that FSIS provide data that show that the new methodology with periodic on-site audits provides the same level of public health protection as FSIS's previous approach with annual on-site audits. The commenters stated that if the data do not exist, then FSIS should establish metrics to measure the effectiveness of the new methodology.

    Response: FSIS has had almost 20 years of experience in determining and verifying system equivalence, including conducting on-site audits and POE reinspections. Based on this accumulated experience and on-going analysis discussed in the next paragraph, FSIS is confident that its current approach provides for at least the same level of public health protection as FSIS's previous approach with annual on-site audits. As noted above, approximately the same number of recalls involving imported products occurred when FSIS conducted annual on-site audits as have occurred since FSIS changed the frequency of on-site audits in certain countries.

    FSIS measures the effectiveness of its methodology by routinely analyzing information from document reviews, on-site audits, and data from POE reinspections and recalls related to imported products. Since the PHIS import module was implemented on May 29, 2012, FSIS has used PHIS to generate detailed reports, including reports on the amount of product presented for reinspection; the types of activities performed at reinspection; the amount of product refused entry; and whether the product was refused because it failed a Public Health Critical exam (e.g., positive result for Shiga toxin-producing Escherichia coli (STEC) in raw, non-intact beef product). FSIS uses the reports to track trends and to facilitate routine management oversight. FSIS generates these reports at least quarterly. FSIS's analysis of this reported data shows that FSIS's current approach ensures that imported meat, poultry, or egg products are safe, wholesome, and properly labeled.

    Comment: FSIS also received several comments on how the Agency determines a country's performance score. One commenter stated that FSIS should not determine the performance score for each eligible country based on a comparison of one country's performance to another country's performance because it is similar to “curve grading.” The commenter stated that the “curve grading” concept could provide a false sense of food safety compliance when countries are being evaluated relative to one another instead of against FSIS's import requirements.

    Two commenters stated that it was not clear how frequently FSIS will audit each country. The commenters requested that FSIS identify which countries it will audit on an annual basis.

    A few commenters asserted that the LOAs are not well defined and requested that FSIS clarify how it will assign LOAs when determining a country's performance score. One commenter stated that assigning an LOA to each country or to each equivalence component would complicate the process, and that FSIS should assign one LOA to a group of factors.

    Response: FSIS disagrees that the Agency's performance assessment could provide a “false sense of food safety compliance.” The countries are being evaluated against FSIS's requirements. Further, FSIS will not release the specific annual audit schedule with names of countries it will audit each year because of concerns about security of its auditors, and because providing this information in advance may allow countries too much time to prepare in advance for their audits.

    As explained above, the SRT includes LOA questions that FSIS encourages countries to answer to demonstrate what they are doing that is above and beyond what is required to be equivalent to FSIS's system. FSIS then scores the responses.

    The LOA responses are just one of the factors that FSIS considers as part of an annual analysis of country performance to determine the frequency and scope of on-site audits (78 FR 5409, January 25, 2013). Previous on-site audits and POE results also contribute to FSIS's assessment of a country's performance and to FSIS's determination of the appropriate audit frequency for that country.

    Comment: A few commenters encouraged FSIS to post its audit reports on its Web site in a timelier manner. One commenter noted that prior to 2009, FSIS posted its audit reports within 120 days of the completion of the audit.

    Response: FSIS intends to make audit reports public in a timelier manner. FSIS is currently evaluating how best to improve and streamline this process.

    POE Reinspections

    Comment: One commenter stated that the frequency of POE reinspection testing for microbiological and chemical hazards should be dependent on the outcomes of country performance. The commenter previously received regular updates from FSIS on consignment testing frequency and results of testing for a particular country, with a breakdown by species and defect type. The commenter requested that FSIS resume this reporting and questioned whether it can be provided to exporting countries through PHIS.

    Another commenter stated that FSIS should offer more incentives to high performing countries in addition to reduced audit frequency. The commenter argued that FSIS should not reinspect every product from high performing countries. A few other commenters stated that FSIS should streamline the reinspection process by allowing the exporting countries to conduct inspections and sampling prior to shipment. The commenters asserted that this process would provide for the earliest possible detection of potential problems, prevent recalls, and reduce considerable transport and subsequent storage costs associated with such shipments. Another commenter suggested that FSIS collaborate with the FDA and U.S. Customs and Border Protection (CBP) to develop a consistent standard in the U.S. for determining which products are low or high risk.

    Response: FSIS is working to develop reports on POE testing for exporting countries. These reports will be provided through PHIS. FSIS will notify exporting countries when these reports are available.

    FSIS does not intend to change its POE reinspection procedures at this time. In compliance with statutory and regulatory requirements (21 U.S.C. 620, 466, and 1046; 9 CFR 327.6, 381.199, and 590.925), FSIS reinspects all shipments presented at ports of entry to ensure proper certification by the foreign country and examines each shipment for general condition and labeling compliance. Additionally, PHIS randomly assigns more targeted reinspections of the meat and poultry presented to include laboratory sampling and testing to identify microbiological pathogens, drug and chemical residues, and species. PHIS assigns the type of reinspection based on compliance history of the foreign establishment and country and product volume.

    Because FSIS reinspection is necessary to ensure that all imported meat, poultry, and egg products are properly labeled and not adulterated, FSIS will not rely on other country results in determining whether to allow the product to enter domestic commerce. However, FSIS is committed to collaborating with other U.S. agencies to enhance and streamline inspection efforts. For example, in April 2014, FSIS began a pilot program with CBP's Participating Government Agency (PGA) Message Set, which allows FSIS to electronically collect the information required by FSIS form 9540-1, Import Inspection Application and Report (see 79 FR 56220). FSIS's PHIS interfaces with CBP's Automated Commercial Environment (ACE), enabling a seamless transfer of data required for the application for FSIS import inspection in advance of the shipment arrival. The PGA Message Set pilot will remove tens of thousands of paper-based entry forms from the process and will save Agency resources by avoiding manual data entry. Meat, poultry, and processed egg product inspection and enforcement will be more efficient by having the required data available when shipments arrive at the official import inspection facility, benefitting FSIS, industry, trading partners, and U.S. citizens.

    In addition, the PGA Message Set pilot supports more efficient protection of public health by transferring all data from the industry for products under FSIS jurisdiction, thus providing the Agency with specific information on FSIS regulated products that could be potentially entering the country from ineligible sources.

    Finally, the pilot will facilitate compliance through early filing. Through ACE, importers file their FSIS application with their Customs entry, in advance of the shipment arriving at the official import inspection establishment. This early filing will enable FSIS inspection personnel to better monitor shipments and will facilitate faster recalls if amenable products produced by foreign establishments are delivered into commerce without the benefit of FSIS POE reinspection.

    USDA Non-Discrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, or political beliefs, exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States under any program or activity conducted by the USDA.

    How To File a Complaint of Discrimination

    To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your authorized representative.

    Send your completed complaint form or letter to USDA by mail, fax, or email:

    Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410, Fax: (202) 690-7442, Email: [email protected].

    Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.), should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    Additional Public Notification

    Public awareness of all segments of rulemaking and policy development is important. Consequently, FSIS will announce this Federal Register publication on-line through the FSIS Web page located at: http://www.fsis.usda.gov/federal-register.

    FSIS also will make copies of this publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, and other types of information that could affect or would be of interest to our constituents and stakeholders. The Update is available on the FSIS Web page. Through the Web page, FSIS is able to provide information to a much broader, more diverse audience. In addition, FSIS offers an email subscription service which provides automatic and customized access to selected food safety news and information. This service is available at: http://www.fsis.usda.gov/subscribe. Options range from recalls to export information, regulations, directives, and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts.

    Done in Washington, DC, on May 5, 2015. Alfred V. Almanza, Acting Administrator.
    [FR Doc. 2015-11250 Filed 5-7-15; 8:45 am] BILLING CODE 3410-DM-P
    DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service Inviting Applications for Value-Added Producer Grants AGENCY:

    Rural Business-Cooperative Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    This Notice announces that the Rural Business-Cooperative Service (Agency) is accepting fiscal year (FY) 2015 applications for the Value-Added Producer Grant (VAPG) program. Approximately $30 million in funding is available to help agricultural producers enter into value-added activities for FY 2015. Approximately $10.2 million has been appropriated through the Consolidated and Further Continuing Appropriations Act of 2015 and the remaining funds have been made available through either carry over funding from FY 2014 or through the Agricultural Act of 2014 (2014 Farm Bill). The Agency is concurrently publishing a final rule that will revise the current VAPG regulation at 7 CFR part 4284, subpart J in response to: The 2014 Farm Bill; comments received on the interim rule, which was published on February 23, 2011 (76 FR 10122); a listening session, held on April 25, 2014, on the VAPG provisions in the 2014 Farm Bill; and to provide program clarifications. The Agency is encouraging applications that directs grants to projects based in or serving census tracts with poverty rates greater than or equal to 20 percent. This emphasis will support Rural Development's (RD) mission of improving the quality of life for rural Americans and commitment to directing resources to those who most need them.

    DATES:

    You must submit your application by July 7, 2015 or it will not be considered for funding. Paper applications must be postmarked and mailed, shipped or sent overnight by this date. You may also hand carry your application to one of our field offices, but it must be received by close of business on the deadline date. Electronic applications are permitted via http://www.grants.gov only, and must be received before midnight Eastern Time July 2, 2015. Late applications are not eligible for grant funding under this Notice.

    ADDRESSES:

    You should contact your USDA Rural Development State Office if you have questions about eligibility or submission requirements. You are encouraged to contact your State Office well in advance of the application deadline to discuss your project and to ask any questions about the application process. Application materials are available at http://www.rd.usda.gov/programs-services/value-added-producer-grants.

    If you want to submit an electronic application, follow the instructions for the VAPG funding announcement on http://www.grants.gov. Please review the Grants.gov

    Web site at http://grants.gov/applicants/organization-registration.html for instructions on the process of registering your organization as soon as possible to ensure you are able to meet the electronic application deadline. If you want to submit a paper application, send it to the State Office located in the State where your project will primarily take place. You can find State Office Contact information at http://www.rd.usda.gov/contact-us/state-offices.

    FOR FURTHER INFORMATION CONTACT:

    Grants Division, Cooperative Programs, Rural Business-Cooperative Service, United States Department of Agriculture, 1400 Independence Avenue SW., MS 3253, Room 4008-South, Washington, DC 20250-3253, or call 202-690-1374.

    SUPPLEMENTARY INFORMATION:

    Overview

    Federal Agency Name: USDA Rural Business-Cooperative Service.

    Funding Opportunity Title: Value-Added Producer Grant.

    Announcement Type: Initial funding request.

    Catalog of Federal Domestic Assistance Number: 10.352.

    Dates: Application Deadline. You must submit your complete paper application by July 7, 2015, or it will not be considered for funding. Electronic applications must be received by http://www.grants.gov no later than midnight Eastern Time July 2, 2015, or it will not be considered for funding.

    Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act, the paperwork burden associated with this Notice has been approved by the Office of Management and Budget (OMB) under OMB Control Number 0570-0039.

    A. Program Description

    The VAPG program is authorized under section 231 of the Agriculture Risk Protection Act of 2000 (Pub. L. 106-224), as amended by section 6203 of the Agricultural Act of 2014 (Pub. L. 113-79) (see 7 U.S.C. 1632a). Applicants must adhere to the requirements contained in the program regulation, 7 CFR 4284, subpart J, which is incorporated by reference in this Notice.

    The primary objective of this grant program is to assist Independent Producers, Agricultural Producer Groups, Farmer and Rancher Cooperatives, and Majority-Controlled Producer-Based Businesses in starting or expanding value-added activities related to the processing and/or marketing of Value-Added Agricultural Products. Grants will be awarded competitively for either planning or working capital projects directly related to the processing and/or marketing of value-added products. Generating new products, creating and expanding marketing opportunities, and increasing producer income are the end goals of the program. All proposals must demonstrate economic viability and sustainability in order to compete for funding.

    Funding priority will be made available to Beginning Farmers and Ranchers, Veteran Farmers and Ranchers, Socially-Disadvantaged Farmers and Ranchers, Operators of Small and Medium-Sized Farms and Ranches structured as Family Farms or Ranches, Farmer or Rancher Cooperatives, and projects proposing to develop a Mid-Tier Value Chain. See 7 CFR 4284.923 for Reserved Funds eligibility and 7 CFR 4284.924 for Priority Scoring eligibility.

    Definitions

    The terms you need to understand are defined in 7 CFR 4284.902.

    B. Federal Award Information

    Type of Instrument: Grant.

    Fiscal Year 2015 Funds: Approximately $10.2 million.

    Approximate Number of Awards: Approximately 300.

    Available Total Funding: Approximately $30 million.

    Maximum Award Amount: Planning—$75,000; Working Capital—$250,000.

    Project Period: Up to 36 months depending on the complexity of the project.

    Anticipated Award Date: September 30, 2015.

    Reservation of Funds: Ten percent of available funds for applications will be reserved for applications submitted by Beginning and Socially-Disadvantaged Farmers or Ranchers, and an additional ten percent of available funds for applications from farmers or ranchers proposing development of Mid-Tier Value Chains. Reserved funds not obligated prior to June 30, 2015, will be used for the VAPG general competition. If this is the case, Beginning and Socially-Disadvantaged Farmers or Ranchers and applicants proposing Mid-Tier Value Chains will compete with other eligible VAPG applications.

    C. Eligibility Information

    Applicants must meet all of the following eligibility requirements. Applications which fail to meet any of these requirements by the application deadline will be deemed ineligible and will not be evaluated further.

    1. Eligible Applicants

    You must demonstrate that you meet all the applicant eligibility requirements of 7 CFR 4284.920 and 4284.921 (Ineligible applicants). This includes meeting the definition requirements at 7 CFR 4284.902 for one of the following applicant types: Independent Producer, Agricultural Producer Group, Farmer or Rancher Cooperative or Majority-Controlled Producer-Based Business and also meeting the Emerging Market, Citizenship, Legal Authority and Responsibility, Multiple Grants and Active Grants requirements of the section. Required documentation to support eligibility is contained at 7 CFR 4284.931.

    Federally-recognized Tribes and tribal entities must demonstrate that they meet all definition requirements for one of the four eligible applicant types. Rural Development State Offices and posted application toolkits will provide additional information on Tribal eligibility.

    Per 4284.921, an applicant is ineligible if they have been debarred or suspended or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, “Debarment and Suspension.” In addition, an applicant will be considered ineligible for a grant due to an outstanding judgment obtained by the U.S. in a Federal Court (other than U.S. Tax Court), is delinquent on the payment of Federal income taxes, or is delinquent on Federal debt.

    2. Cost-Sharing or Matching

    There is a matching funds requirement of at least $1 for every $1 in grant funds provided by the Agency (matching funds plus grant funds must equal proposed Total Project Costs). Matching funds may be in the form of cash or eligible in-kind contributions and may be used only for eligible project purposes. Matching funds must be available at time of application and must be certified and verified as described in 7 CFR 4284.931(b)(3) and (4). Note that matching funds must also be discussed as part of the scoring criterion Commitments and Support as described in section E.1. (c).

    3. Project Eligibility

    You must demonstrate that you meet all the project eligibility requirements of 7 CFR 4284.922.

    (a) Product eligibility. Applicants for both planning and working capital grants must meet all requirements at 7 CFR 4284.922(a), including that your value-added product must result from one of the five methodologies identified in the definition of Value-Added Agricultural Product at 7 CFR 4284.902. In addition, you must demonstrate that, as a result of the project, the customer base for the agricultural commodity or value-added product will be expanded, by including a baseline of current customers for the commodity, and an estimated target number of customers that will result from the project; and that, a greater portion of the revenue derived from the marketing or processing of the value-added product is available to the applicant producer(s) of the agricultural commodity, by including a baseline of current revenues from the sale of the agricultural commodity and an estimate of increased revenues that will result from the project.

    (b) Purpose eligibility. Applicants for both planning and working capital grants must meet all requirements at 7 CFR 4284.922(b) regarding maximum grant amounts, verification of matching funds, eligible and ineligible uses of grant and matching funds, a substantive work plan and budget.

    (i) Planning Grants. A planning grant is used to fund development of a defined program of economic planning activities to determine the viability of a potential value-added venture, and specifically for the purpose of paying for a qualified consultant to conduct and develop a feasibility study, business plan, and/or marketing plan associated with the processing and/or marketing of a value-added agricultural product. Planning grant funds may not be used to fund working capital activities.

    (ii) Working Capital Grants. This type of grant provides funds to operate a value-added project, specifically to pay the eligible project expenses related to the processing and/or marketing of the value-added product that are eligible uses of grant funds. Working capital funds may not be used for planning purposes.

    (c) Reserved Funds Eligibility. To qualify for Reserved Funds as a Beginning or Socially-Disadvantaged Farmer or Rancher or if you propose to develop a Mid-Tier Value Chain, you must meet the requirements found at 7 CFR 4284.923. If your application is eligible, but is not awarded under the Reserved Funds, it will automatically be considered for general funds in that same fiscal year, as funding levels permit.

    (d) Priority Points. To qualify for Priority Points for projects that contribute to increasing opportunities for Beginning Farmers or Ranchers, Socially-Disadvantaged Farmers or Ranchers, or if you are an Operator of a Small or Medium-sized Farm or Ranch structured as a Family Farm, a Veteran Farmer or Rancher, propose a Mid-Tier Value Chain project, or are a Farmer or Rancher Cooperative, you must meet the applicable eligibility requirements at 7 CFR 4284.923 and 4284.924 and must address the relevant proposal evaluation criterion.

    4. Eligible Uses of Grant and Matching Funds

    Eligible uses of grant and matching funds are discussed, along with examples, in 7 CFR 4284.923. In general, grant and cost-share matching funds have the same use restrictions and must be used to fund only the costs for eligible purposes as defined at 7 CFR 4284.923(a) and (b).

    5. Ineligible Uses of Grant and Matching Funds

    A list (not all inclusive) of ineligible uses of grant and matching fund is found in 7 CFR 4284.926. An Applicant may submit only one application in response to a solicitation, and must explicitly direct that it compete in either the general funds competition or in one of the named reserved funds competitions. Multiple applications from separate entities with identical or greater than 75 percent common ownership, or from a parent, subsidiary or affiliated organization (with “affiliation” defined by Small Business Administration regulation 13 CFR 121.103, or successor regulation) are not permitted. Further, Applicants who have already received a Planning Grant for the proposed project cannot receive another Planning Grant for the same project. Applicants who have already received a Working Capital Grant for the proposed project cannot receive any additional grants for that project.

    D. Application and Submission Information 1. Address To Request Applications

    The application toolkit, regulation, and official program notification for this funding opportunity can be obtained online at http://www.rd.usda.gov/programs-services/value-added-producer-grants. Or, you can contact your USDA Rural Development State Office by visiting http://www.rd.usda.gov/contact-us/state-offices. You may also obtain a copy by calling 202-690-1374. The toolkit contains an application checklist, templates, required grant forms, and instructions. Although the Agency highly recommends their use, use of the templates in the toolkit is not mandatory.

    2. Content and Form of Application Submission

    You may submit your application in paper form or electronically through Grants.gov. Your application must contain all required information.

    To submit an application electronically, you must follow the instructions for this funding announcement at http://www.grants.gov. Please note that we cannot accept emailed or faxed applications.

    You can locate the Grants.gov downloadable application package for this program by using a keyword, the program name, or the Catalog of Federal Domestic Assistance Number for this program.

    When you enter the Grants.gov Web site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    To use Grants.gov, you must already have a DUNS number and you must also be registered and maintain registration in SAM. We strongly recommend that you do not wait until the application deadline date to begin the application process through Grants.gov.

    You must submit all of your application documents electronically through Grants.gov.

    After electronically submitting an application through Grants.gov, you will receive an automatic acknowledgement from Grants.gov that contains a Grants.gov tracking number.

    If you want to submit a paper application, send it to the State Office located in the State where your project will primarily take place. You can find State Office Contact information at: http://www.rd.usda.gov/contact-us/state-offices. An optional-use Agency application template is available online at http://www.rd.usda.gov/programs-services/value-added-producer-grants.

    Your application must contain all of the required forms and proposal elements described in 7 CFR 4284.931, unless otherwise clarified in this Notice. You are encouraged, but not required to utilize the Application Toolkits found at http://www.rd.usda.gov/programs-services/value-added-producer-grants. Basic application contents are outlined below:

    • Standard Form (SF)-424, “Application for Federal Assistance,” to include your DUNS number and SAM (CAGE) code and expiration date. Because there are no specific fields for a CAGE code and expiration date, you may identify them anywhere you want to on the form. If you do not include the CAGE code and expiration date and the DUNS number in your application, it will not be considered for funding.

    • SF-424A, “Budget Information-Non-Construction Programs.” This form must be completed and submitted as part of the application package.

    • SF-424B, “Assurances—Non-Construction Programs.” This form must be completed, signed, and submitted as part of the application package.

    • Form AD-3030, “Representations Regarding Felony Conviction and Tax Delinquent Status for Corporate Applicants,” if you are a corporation. A corporation is any entity that has filed articles of incorporation in one of the 50 States, the District of Columbia, the Federated States of Micronesia, the Republic of Palau, and the Republic of the Marshall Islands, or the various territories of the United States including American Samoa, Guam, Midway Islands, the Commonwealth of the Northern Mariana Islands, Puerto Rico, or the U.S. Virgin Islands. Corporations include both for profit and non-profit entities.

    • You must certify that there are no current outstanding Federal judgments against your property and that you will not use grant funds to pay for any judgment obtained by the United States. To satisfy the Certification requirement, you should include this statement in your application: “[INSERT NAME OF APPLICANT] certifies that the United States has not obtained an unsatisfied judgment against its property and will not use grant funds to pay any judgments obtained by the United States.” A separate signature is not required.

    • Executive Summary and Abstract. A one-page Executive Summary containing the following information: Legal name of applicant entity, application type (planning or working capital), applicant type, amount of grant request, a summary of your project, and whether you are submitting a simplified application, and whether you are requesting Reserved Funds. Also include a separate abstract of up to 100 words briefly describing your project.

    • Eligibility discussion.

    • Work plan and budget.

    • Performance evaluation criteria.

    • Proposal evaluation criteria.

    • Certification and verification of matching funds.

    • Reserved Funds and Priority Point documentation (as applicable).

    • Appendices containing required supporting documentation.

    3. Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Awards Management (SAM)

    In order to be eligible (unless you are excepted under 2 CFR 25.110(b), (c) or (d), you are required to:

    (a) Provide a valid DUNS number in your application, which can be obtained at no cost via a toll-free request line at (866) 705-5711;

    (b) Register in SAM before submitting your application. You may register in SAM at no cost at https://www.sam.gov/portal/public/SAM/; and

    (c) Continue to maintain an active SAM registration with current information at all times during which you have an active Federal award or an application or plan under consideration by a Federal awarding agency.

    The Agency may not make a Federal award to you until you have complied with all applicable DUNS and SAM requirements. If you have not fully complied with the requirements, the Agency may determine that the applicant is not qualified to receive a Federal award and the Agency may use that determination as a basis for making an award to another applicant. Please refer to Section F. 2. for additional submission requirements that apply to grantees selected for this program.

    4. Submission Dates and Times

    Application Deadline Date: July 7, 2015.

    Explanation of Deadlines: Paper applications must be postmarked and mailed, shipped, or sent overnight by July 2, 2015. The Agency will determine whether your application is late based on the date shown on the postmark or shipping invoice. You may also hand carry your application to one of our field offices, but it must be received by close of business on the deadline date. If the due date falls on a Saturday, Sunday, or Federal holiday, the application is due the next business day. Late applications will automatically be considered ineligible and will not be evaluated further.

    Electronic applications must be received at http://www.grants.gov no later than midnight Eastern time July 2, 2015, to be eligible for FY 2015 grant funding. Please review the Grants.gov Web site at http://grants.gov/applicants/organization_registration.jsp for instructions on the process of registering your organization as soon as possible to ensure you are able to meet the electronic application deadline. Grants.gov will not accept applications submitted after the deadline.

    5. Intergovernmental Review

    Executive Order (EO) 12372, Intergovernmental Review of Federal Programs, applies to this program. This EO requires that Federal agencies provide opportunities for consultation on proposed assistance with State and local governments. Many States have established a Single Point of Contact (SPOC) to facilitate this consultation. A list of States that maintain a SPOC may be obtained at http://www.whitehouse.gov/omb/grants_spoc. If your State has a SPOC, you must submit your application directly for review. Any comments obtained through the SPOC must be provided to RD for consideration as part of your application. If your State has not established a SPOC or you do not want to submit your application to the SPOC, RD will submit your application to the SPOC or other appropriate agency or agencies.

    6. Funding Restrictions

    Funding limitations and reservations found in the program regulation at 7 CFR 4284.927 will apply, including:

    (a) Use of Funds. Grant funds may be used to pay up to 50 percent of the total eligible project costs, subject to the limitations established for maximum total grant amount. Grant funds may not be used to pay any costs of the project incurred prior to the date of grant approval. Grant and matching funds may only be used for eligible purposes. (see examples of eligible and ineligible uses in 7 CFR 4284.923 and 4284.924, respectively).

    (b) Grant Term (project period). Your project timeframe or grant period can be a maximum of 36 months in length from the date of award. Your proposed grant period should begin no earlier than the anticipated award announcement date in this notice, September 30, 2015, and should end no later than 36 months following that date. If you receive an award, your grant period will be revised to begin on the actual date of award—the date the grant agreement is executed by the Agency—and your grant period end date will be adjusted accordingly. Your project activities must begin within 90 days of that date of award. The length of your grant period should be based on your project's complexity, as indicated in your application work plan. For example, it is expected that most planning grants can be completed within 12 months.

    (c) Program Income. If Program Income is earned during the grant period as a result of the project activities, it is subject to the requirements in 2 CFR 200.80, and must be managed and reported accordingly.

    (d) Majority Controlled Producer-Based Business. The aggregate amount of awards to Majority Controlled Producer-Based Businesses in response to this announcement shall not exceed 10 percent of the total funds obligated for the program during the fiscal year.

    (e) Reserved Funds. Ten percent of all funds available for FY 2015 will be reserved to fund projects that benefit Beginning Farmers or Ranchers, or Socially-Disadvantaged Farmers or Ranchers. In addition, 10 percent of total funding available will be used to fund projects that propose development of Mid-Tier Value Chains as part of a Local or Regional Supply Chain Network. See related definitions in 7 CFR 4284.902.

    (f) Disposition of Reserved Funds Not Obligated. For this announcement, any reserved FY 2015 funds that have not been obligated by June 30, 2015, will be available to the Secretary to make VAPG grants in accordance with 7 CFR 4284.927(d).

    7. Other Submission Requirements (a) National Environmental Policy Act

    This notice has been reviewed in accordance with 7 CFR part 1940, subpart G, “Environmental Program.” We have determined that an Environmental Impact Statement is not required because the issuance of regulations and instructions, as well as amendments to them, describing administrative and financial procedures for processing, approving, and implementing the Agency's financial programs is categorically excluded in the Agency's National Environmental Policy Act (NEPA) regulation found at 7 CFR 1940.310(e)(3) of subpart G, “Environmental Program.” We have determined that this Notice does not constitute a major Federal action significantly affecting the quality of the human environment. Individual awards under this Notice are hereby classified as Categorical Exclusions according to 7 CFR 1940.310(e), which do not require any additional documentation.

    (b) Civil Rights Compliance Requirements

    All grants made under this Notice are subject to Title VI of the Civil Rights Act of 1964 as required by the USDA (7 CFR part 15, subpart A) and Section 504 of the Rehabilitation Act of 1973.

    E. Application Review Information

    Applications will be reviewed and processed as described at 7 CFR 4284.940. The Agency will review your application to determine if it is complete and eligible. If at any time, the Agency determines that your application is ineligible, you will be notified in writing as to the reasons it was determined ineligible and you will be informed of your review and appeal rights. Funding of successfully appealed applications will be limited to available FY 2015 funds.

    The Agency will only score applications in which the applicant and project are eligible, which are complete and sufficiently responsive to program requirements, and in which the Agency agrees on the likelihood of financial feasibility for working capital requests. We will score your application according to the procedures and criteria specified in 7 CFR 4284.942, and with tiered scoring thresholds as specified below.

    1. Scoring Criteria

    For each criterion, you must show how the project has merit and why it is likely to be successful. If you do not address all parts of the criterion, or do not sufficiently communicate relevant project information, you will receive lower scores. VAPG is a competitive program, so you will receive scores based on the quality of your responses. Simply addressing the criteria will not guarantee higher scores. The maximum number of points that can be awarded to your application is 100. For this announcement, the minimum score requirement for funding is 50 points.

    The Agency application toolkit provides additional instruction to help you to respond to the criteria below.

    (a) Nature of the Proposed Venture (graduated score 0-30 points).

    For both planning and working capital grants, you should discuss the technological feasibility of the project, as well as operational efficiency, profitability, and overall economic sustainability resulting from the project. In addition, demonstrate the potential for expanding the customer base for the agricultural commodity or value-added product, and the expected increase in revenue returns to the producer-owners providing the majority of the raw agricultural commodity to the project. You should reference third-party data and other information that specifically supports your value-added project; discuss the value-added process you are proposing; potential markets and distribution channels; the value to be added to the raw commodity through the value-added process; cost and availability of inputs, your experience in marketing the proposed or similar product; business financial statements; and any other relevant information that supports the viability of your project. Working capital applicants should demonstrate that these outcomes will result from the project. Planning grant applicants should describe the expected results, and the reasons supporting those expectations.

    Points will be awarded as follows:

    (i) 0 points will be awarded if you do not substantively address the criterion.

    (ii) 1-5 points will be awarded if you do not address each of the following: Technological feasibility, operational efficiency, profitability, and overall economic sustainability.

    (iii) 6-13 points will be awarded if you address technological feasibility, operational efficiency, profitability, and overall economic sustainability, but do not reference third-party information that supports the success of your project.

    (iv) 14-22 points will be awarded if you address technological feasibility, operational efficiency, profitability, and overall economic sustainability, supported by third-party information demonstrating a reasonable likelihood of success.

    (v) 23-30 points will be awarded if all criterion components are well addressed, supported by third-party information, and demonstrate a high likelihood of success.

    (b) Qualifications of Project Personnel (graduated score 0-20 points).

    You must identify all individuals who will be responsible for completing the proposed tasks in the work plan, including the roles and activities that owners, staff, contractors, consultants or new hires may perform; and show that these individuals have the necessary qualifications and expertise, including those hired to do market or feasibility analyses, or to develop a business operations plan for the value-added venture. You must include the qualifications of those individuals responsible for leading or managing the total project (applicant owners or project managers), as well as those individuals responsible for actually conducting the various individual tasks in the work plan (such as consultants, contractors, staff or new hires). You must discuss the commitment and the availability of any consultants or other professionals to be hired for the project. If staff or consultants have not been selected at the time of application, you must provide specific descriptions of the qualifications required for the positions to be filled. Applications that demonstrate the strong credentials, education, capabilities, experience and availability of project personnel that will contribute to a high likelihood of project success will receive more points than those that demonstrate less potential for success in these areas.

    Points will be awarded as follows:

    (i) 0 points will be awarded if you do not substantively address the criterion.

    (ii) 1-4 points will be awarded if qualifications and experience of all staff is not addressed and/or if necessary qualifications of unfilled positions are not provided.

    (iii) 5-9 points will be awarded if all project personnel are identified but do not demonstrate qualifications or experience relevant to the project.

    (iv) 10-14 will be awarded if most key personnel demonstrate strong credentials and/or experience, and availability indicating a reasonable likelihood of success.

    (v) 15-20 points will be awarded if all personnel demonstrate strong, relevant credentials or experience, and availability indicating a high likelihood of project success.

    (c) Commitments and Support (graduated score 0-10 points).

    Producer commitments to the project will be evaluated based on the number of independent producers currently involved in the project; and the nature, level and quality of their contributions. End-user commitments will be evaluated on the basis of potential or identified markets and the potential amount of output to be purchased, as indicated by letters of intent or contracts from potential buyers referenced within the application. Other third-party commitments to the project will be evaluated based on the critical and tangible nature of their contribution to the project, such as technical assistance, storage, processing, marketing, or distribution arrangements that are necessary for the project to proceed; and the level and quality of these contributions. All cash or in-kind contributions from producers, end users, or other contributors should be discussed. End-user commitments may include contracts or letters of intent or interest in purchasing the value-added product. Letters of commitment by producers, end-users, and third-parties should be summarized as part of your response to this criterion, and the letters should be included in Appendix B. Applications that demonstrate the project has strong direct financial, technical and logistical support to successfully complete the project will receive more points than those that demonstrate less potential for success in these areas.

    Points will be awarded as follows:

    (i) 0 points will be awarded if you do not substantively address the criterion.

    (ii) 1-3 points will be awarded if you show real, direct support from at least one end-user or third-party contributor.

    (iii) 4-6 points will be awarded if you, as the applicant, show strong financial commitment to the project AND measurable commitment or interest in purchasing the value-added product from at least one end-user; AND commitment or tangible support from at least one other third-party contributor.

    (iv) 7-10 points will be awarded if you, as the applicant, show strong financial commitment to the project, AND participation from additional producers, AND measurable commitment or interest from multiple end-users, AND commitment or tangible support from multiple third-party contributors.

    (d) Work Plan and Budget (graduated score 0-20 points).

    You must submit a comprehensive work plan and budget (for full details, see 7 CFR 4284.922(b)(5)). Your work plan must provide specific and detailed descriptions of the tasks and the key project personnel that will accomplish the project's goals. The budget must present a detailed breakdown of all estimated costs of project activities and allocate those costs among the listed tasks. You must show the source and use of both grant and matching funds for all tasks. Matching funds must be spent at a rate equal to, or in advance of, grant funds. An eligible start and end date for the project and for individual project tasks must be clearly shown and may not exceed Agency specified timeframes for the grant period. Working capital applications must include an estimate of program income expected to be earned during the grant period (see 2 CFR 200.307).

    Points will be awarded as follows:

    (i) 0 points will be awarded if you do not substantively address the criterion.

    (ii) 1-7 points will be awarded if the work plan and budget do not account for all project goals, tasks, costs, timelines, and responsible personnel.

    (iii) 8-14 points will be awarded if you provide a clear, comprehensive work plan detailing all project goals, tasks, timelines, costs, and responsible personnel in a logical and realistic manner that demonstrates a reasonable likelihood of success.

    (iv) 15-20 points will be awarded if you provide a clear, comprehensive work plan detailing all project goals, tasks, timelines, costs, and responsible personnel in a logical and realistic manner that demonstrates a high likelihood of success.

    (e) Priority Points up to 10 points (lump sum 0 or 5 points plus, graduated score 0-5 points).

    It is recommended that you use the Agency application package when applying for priority points and refer to the requirements specified in 7 CFR 4284.924. Priority points may be awarded in both the general funds and Reserved Funds competitions.

    (i) 5 points will be awarded if you meet the requirements for one of the following categories and provide the documentation described in 7 CFR 4284.923 and 4284.924 as applicable: Beginning Farmer or Rancher, Socially-Disadvantaged Farmer or Rancher, Veteran Farmer or Rancher, Operator of a Small or Medium-sized Farm or Ranch that is structured as a Family Farm, Farmer or Rancher Cooperative, or a Mid-Tier Value Chain project.

    (ii) Up to 5 additional priority points will be awarded if you are an Agricultural Producer Group, Farmer or Rancher Cooperative, or Majority-Controlled Producer-Based Business Venture (referred to below as “applicant group”) whose project “best contributes to creating or increasing marketing opportunities” for Operators of Small- and Medium-sized Farms and Ranches that are structured as Family Farms, Beginning Farmers and Ranchers, Socially-Disadvantaged Farmers and Ranchers, and Veteran Farmers and Ranchers (referred to below as “priority groups”).

    (A) 2 priority points will be awarded if the existing membership of the applicant group is comprised of either more than 75 percent of any one of the four priority groups or more than 75 percent of any combination of the four priority groups.

    (B) 1 priority point will be awarded if the existing membership of the applicant group is comprised of two or more of the priority groups. One point is awarded regardless of whether a group's membership is comprised of two, three, or all four of the priority groups.

    (C) 2 priority points will be awarded if the applicant's proposed project will increase the number of priority groups that comprise the applicant membership by one or more priority groups. However, if an applicant group's membership is already comprised of all four priority groups, such an applicant would not be eligible for points under this criterion because there is no opportunity to increase the number of priority groups. Note also that this criterion does not consider either the percentage of the existing membership that is comprised of the four priority groups or the number of priority groups currently comprising the applicant group's membership.

    (f) Priority Categories (graduated score 0-10 points).

    The Administrator of the Agency may choose to award up to 10 points to an application to improve the geographic diversity of awardees in a fiscal year.

    2. Review and Selection Process

    The Agency will select applications for award under this Notice in accordance with the provisions specified in 7 CFR 4284.950(a).

    If your application is eligible and complete, it will be qualitatively scored by at least two reviewers based on criteria specified in section E.1. of this Notice. One of these reviewers will be an experienced RD employee from your servicing State Office and at least one additional reviewer will be a non-Federal, independent reviewer, who must meet the following qualifications. Independent reviewers must have at least bachelor's degree in one or more of the following fields: Agri-business, agricultural economics, agriculture, animal science, business, marketing, economics or finance; and a minimum of 8 years of experience in an agriculture-related field (e.g. farming, marketing, consulting, or research; or as university faculty, trade association official or non-Federal government official in an agriculturally-related field). Each reviewer will score evaluation criteria (a) through (d) and the totals for each reviewer will be added together and averaged. The RD State Office reviewer will also assign priority points based on criterion (e) in section E.1. of this Notice. These will be added to the average score. The sum of these scores will be ranked highest to lowest and this will comprise the initial ranking.

    The Administrator of the Agency may choose to award up to 10 Administrator priority points based on criterion (f) in section E.1. of this Notice. These points will be added to the cumulative score for a total possible score of 100.

    A final ranking will be obtained based solely on the scores received for criteria (a) through (e). A minimum score of 50 points is required. Applications for Reserved Funds will be funded in rank order until funds are depleted. Unfunded reserve applications will be returned to the general funds where applications will be funded in rank order until the funds are expended. Funding for Majority Controlled Producer-Based Business Ventures is limited to 10 percent of total grant funds expected to be obligated as a result of this Notice. These applications will be funded in rank order until the funding limitation has been reached. Grants to these applicants from Reserved Funds will count against this funding limitation. In the event of tied scores, the Administrator shall have discretion in breaking ties.

    If your application is ranked, but not funded, it will not be carried forward into the next competition.

    F. Federal Award Administration Information 1. Federal Award Notices

    If you are selected for funding, you will receive a signed notice of Federal award by postal mail, containing instructions on requirements necessary to proceed with execution and performance of the award.

    If you are not selected for funding, you will be notified in writing via postal mail and informed of any review and appeal rights. Funding of successfully appealed applications will be limited to available FY 2015 funding.

    2. Administrative and National Policy Requirements

    Additional requirements that apply to grantees selected for this program can be found in 7 CFR part 4284, subpart J; the Grants and Agreements regulations of the Department of Agriculture codified in 2 CFR parts 180, 400, 415, 417, 418, 421; 2 CFR parts 25 and 170; and 48 CFR 31.2, and successor regulations to these parts.

    In addition, all recipients of Federal financial assistance are required to report information about first-tier sub-awards and executive compensation (see 2 CFR part 170). You will be required to have the necessary processes and systems in place to comply with the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282) reporting requirements (see 2 CFR 170.200(b), unless you are exempt under 2 CFR 170.110(b)). More information on these requirements can be found at http://www.rd.usda.gov/programs-services/value-added-producer-grants.

    The following additional requirements apply to grantees selected for this program:

    (a) Agency approved Grant Agreement.

    (b) Letter of Conditions.

    (c) Form RD 1940-1, “Request for Obligation of Funds.”

    (d) Form RD 1942-46, “Letter of Intent to Meet Conditions.”

    (e) Form AD-1047, “Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions.”

    (f) Form AD-1048, “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions.”

    (g) Form AD-1049, “Certification Regarding a Drug-Free Workplace Requirement (Grants).”

    (h) Form AD-3031, “Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants.” Must be signed by corporate applicants who receive an award under this Notice.

    (i) Form RD 400-4, “Assurance Agreement.”

    (j) SF LLL, “Disclosure of Lobbying Activities,” if applicable.

    (k) Use Form SF 270, “Request for Advance or Reimbursement.”

    3. Reporting

    After grant approval and through grant completion, you will be required to provide the following, as indicated in the Grant Agreement:

    (a) A SF-425, “Federal Financial Report,” and a project performance report will be required on a semiannual basis (due 45 working days after end of the semiannual period). For the purposes of this grant, semiannual periods end on March 31st and September 30th. The project performance reports shall include the elements prescribed in the grant agreement.

    (b) A final project and financial status report within 90 days after the expiration or termination of the grant.

    (c) Provide outcome project performance reports and final deliverables.

    G. Agency Contacts

    If you have questions about this Notice, please contact the State Office as identified in the ADDRESSES section of this Notice. You are also encouraged to visit the application Web site for application tools, including an application guide and templates. The Web site address is: http://www.rd.usda.gov/programs-services/value-added-producer-grants. You may also contact National Office staff: Tracey Kennedy, VAPG Program Lead, [email protected], or Shantelle Gordon, [email protected], or call the main line at 202-690-1374.

    H. Nondiscrimination Statement

    The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.)

    If you wish to file an employment complaint, you must contact your agency's EEO Counselor (PDF) within 45 days of the date of the alleged discriminatory act, event, or in the case of a personnel action. Additional information can be found online at http://www.ascr.usda.gov/complaint_filing_file.html.

    If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form (PDF), found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410, by fax (202) 690-7442 or email at [email protected]

    Individuals who are deaf, hard of hearing or have speech disabilities and you wish to file either an EEO or program complaint please contact USDA through the Federal Relay Service at (800) 877-8339 or (800) 845-6136 (in Spanish).

    Persons with disabilities, who wish to file a program complaint, please see information above on how to contact us by mail directly or by email. If you require alternative means of communication for program information (e.g., Braille, large print, audiotape, etc.) please contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    Dated: April 29, 2015. Lillian Salerno, Administrator, Rural Business-Cooperative Service.
    [FR Doc. 2015-10440 Filed 5-7-15; 8:45 am] BILLING CODE 3410-XY-P
    DEPARTMENT OF COMMERCE [Docket No. 150324295-5295-01] Privacy Act of 1974, New System of Records AGENCY:

    Office of the Secretary, U.S. Department of Commerce.

    ACTION:

    Notice of a New Privacy Act System of Records; “COMMERCE/DEPARTMENT-25, Access Control and Identity Management System.”

    SUMMARY:

    In accordance with the Privacy Act of 1974, as amended, Title 5 United States Code (U.S.C.) 552(e)(4) and (11); and Office of Management and Budget (OMB) Circular A-130, Appendix I, Federal Agency Responsibilities for Maintaining Records About Individuals, the Department of Commerce is issuing this notice of its intent to establish a new system of records entitled “COMMERCE/DEPARTMENT-25, Access Control and Identity Management System.” This action is being taken to update the Privacy Act notice and Department of Commerce, Notice to Amend All Privacy Act System of Records. We invite the public to comment on the items noted in this publication. The purpose of this system of records is to establish identity, accountability, and audit control of electronic or other digital certificates of assigned personnel who require access to Department of Commerce electronic and physical assets. The records are created and maintained to provide assurance that the digital certificates/electronic access is granted to the correct individual, who typically has been issued an identification card by the Department of Commerce.

    DATES:

    To be considered, written comments must be submitted on or before June 8, 2015.

    Unless comments are received, the amended system of records will become effective as proposed on the date of publication of a subsequent notice in the Federal Register.

    ADDRESSES:

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

    Email: [email protected] Include “Privacy Act COMMERCE/DEPARTMENT-25, Access Control and Identity Management System” in the subtext of the message.

    Fax: (202) 482-6089, marked to the attention of Mr. Nicholas Schnare.

    Mail: Mr. Nicholas Schnare, Office of Security, U.S. Department of Commerce, 1401 Constitution Ave. NW., Room 1511, Washington, DC 20230.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Nicholas Schnare, Office of Security, U.S. Department of Commerce, 1401 Constitution Ave. NW., Room 1511, Washington, DC 20230. (202) 482-8333.

    SUPPLEMENTARY INFORMATION:

    This notice announces the Department of Commerce's proposal for a new system of records being established under the Privacy Act of 1974 for Access Control and Identity Management System. This new system of records is to account for the electronic collection, maintenance and use of information in connection with access to Department of Commerce electronic and physical assets.

    In a notice of proposed rulemaking, which is published separately in today's Federal Register, the Department of Commerce is proposing to exempt records maintained in this system from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), (k)(2), and (k)(5).

    The system will be effective as proposed, on the date of publication of a subsequent notice in the Federal Register, unless comments are received which would require a contrary determination. The Department of Commerce will publish a revised notice if changes are made based upon a review of the comments received.

    COMMERCE/DEPT-25 SYSTEM NAME:

    COMMERCE/DEPT-25 Access Control and Identity Management System.

    SECURITY CLASSIFICATION:

    None.

    SYSTEM LOCATIONS:

    a. For Office of Security, Office of the Secretary, U.S. Department of Commerce, Room 1033, 1401 Constitution Avenue NW., Washington, DC 20230.

    b. For Office of Security, U.S. Census Bureau, Room 2J438, 4600 Silver Hill Road, Washington, DC 20233-3700.

    c. For Office of Security, U.S. Census Bureau Indiana, Room 104, Building 66, 1201 E. 10th Street, Jeffersonville, IN 47132.

    d. For Office of Security, National Institute of Standards and Technology, Room A-105, Building 318, 100 Bureau Drive, Gaithersburg, MD 20899.

    e. For Office of Security, National Oceanic and Atmospheric Administration, Room G-101, SSMC-OFA543, 1335 East-West Highway, Silver Spring, MD 20910.

    f. For Office of Security, National Oceanic and Atmospheric Administration, Western Region, Building 1, 7600 Sand Point Way NE., Seattle, WA 38115.

    g. For Office of Security, FirstNet, John W. Powell Federal Building, 12201 Sunrise Valley, Drive, Reston, VA 22091.

    h. For Office of Security, U.S. Patent and Trademark Office, 600 Dulany Street, Madison Building, West, Alexandria, Virginia 22313.

    i. For Office of the Secretary, Minority Business Development Agency, Economic and Statistics Administration, and Economic Development Administration: Office of the Secretary, Chief Information Officer, 1401 Constitution Avenue NW., Washington, DC 20230.

    j. For U.S. Census Bureau, Chief Information Officer, 4600 Silver Hill Road, Suitland, MD 20746.

    k. For Bureau of Industry and Security, Chief Information Officer, 1401 Constitution Avenue NW., Washington, DC 20230.

    l. For International Trade Administration, Chief Information Officer, 1401 Constitution Avenue NW., Washington, DC 20230.

    m. For National Institute of Standards and Technology, Chief Information Officer, 100 Bureau Drive, Gaithersburg, MD 20899.

    n. For National Telecommunications and Information Administration, Chief Information Officer, 1401 Constitution Avenue NW., Washington, DC 20230.

    o. For National Oceanic and Atmospheric Administration, Chief Information Officer, 1305 East-West Highway, SSMC3, Silver Spring, MD 20910.

    p. For U.S. Patent and Trademark Office, Chief Information Officer, 600 Dulany Street, Madison Building, Alexandria, VA 22314.

    q. For Office of Inspector General, Chief Information Officer, Chief Information Officer, 1401 Constitution Avenue NW., Washington, DC 20230.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Employees, contractors, and other affiliates requiring access to Department of Commerce electronic (including PKI-authenticated) and physical assets.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    Records may include the individual's name; organization; work telephone number; cellular telephone number; home telephone number, work email; Federal agency Smart Card Number (FASC-N); social security number; employee number; status as an employee, contractor or other affiliation with the Department of Commerce; PIN number (encrypted); sign-in/out, badge-in/out, time-in/out, log-in/out data; computer transaction data to include, but not limited to, key stroke monitoring; IP address of access; logs of internet activity and records on the authentication of the access request; key fob identifier; token identifier; Personal Identity Verification (PIV) Card identifier; computer access login name; and any computer generated identifier assigned to a user.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    5 U.S.C. 301; 35 U.S.C. 2; the Electronic Signatures in Global and National Commerce Act, Public Law 106-229; 28 U.S.C. 533-535; 44 U.S.C. 1301; Homeland Security Presidential Directive 12 and IRS Publication-1075.

    PURPOSES:

    Records in this system are used by authorized personnel to improve security for Department of Commerce physical facilities for purposes including: Ensuring process integrity; enabling employees to carry out their lawful and authorized responsibilities; verifying individuals' authorization to access buildings and facilities; creating a record of individuals' access to buildings and facilities; facilitating the issuance and retrieval of visitor and temporary badges; and providing statistical data on building and facility access patterns including electronic and physical sign/badge-in and sign/badge-out data for resource planning and emergency management purposes.

    Records may also be used to secure electronic assets; to maintain accountability for issuance and disposition of security access; to maintain an electronic system to facilitate secure on-line communication between Federal automated systems, between Federal employees or contractors, and with the public, using digital signature technologies to authenticate and verify identity; to provide a means of access to electronic assets, desktops, and laptops; and to provide mechanisms for non-repudiation of personal identification and access to electronic systems, including but not limited to human resource, financial, procurement, travel and property systems, as well as systems containing information on intellectual property and other mission critical systems. The system also maintains records relating to the issuance of digital certificates utilizing public key cryptography to employees and contractors for the transmission of sensitive electronic material that requires protection.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:

    1. Records in this system are accessed on a daily basis by authorized personnel to verify individuals' authorized access to buildings and facilities; electronic systems and computers; facilitate the issuance and retrieval of visitor and temporary badges; determine whether administrative action (including disciplinary action) should be taken regarding any employee, contractor, or visitor; and provide statistical data on computer information systems, building and facility access patterns including electronic and physical sign/badge-in and sign/badge-out data for resource planning, emergency management purposes, assuring the security of computer information systems, and implementing Executive Order 13587.

    2. In the event that a system of records maintained by the Department to carry out its functions indicates or relates to a violation or potential violation of law or contract, whether civil, criminal or regulatory in nature, and whether arising by general statute or particular program statute or contract, or rule, regulation, or order issued pursuant thereto, or where necessary to protect an interest of the Department, the relevant records in the system of records may be referred, as a routine use, to the appropriate agency, whether Federal, state, local or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute or contract, or rule, regulation or order issued pursuant thereto, or protecting the interest of the Department.

    3. A record from this system of records may be disclosed to a Federal, state or local agency maintaining civil, criminal or other relevant enforcement information or other pertinent information, such as current licenses, if necessary to obtain information relevant to a Department decision concerning the assignment, hiring or retention of an individual, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant or other benefit.

    4. A record from this system of records may be disclosed to a Federal, state, local, or international agency, in response to its request, in connection with the assignment, hiring or retention of an individual, the issuance of a security clearance, the reporting of an investigation of an individual, the letting of a contract, or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter.

    5. A record from this system of records may be disclosed in the course of presenting evidence to a court, magistrate or administrative tribunal, including disclosures to opposing counsel in the course of settlement negotiations.

    6. A record in this system of records may be disclosed to a Member of Congress submitting a request involving an individual when the individual has requested assistance from the Member with respect to the subject matter of the record.

    7. A record in this system of records may be disclosed to the Office of Management and Budget in connection with the review of private relief legislation as set forth in OMB Circular No. A-19 at any stage of the legislative coordination and clearance process as set forth in that Circular.

    8. A record in this system of records may be disclosed to the Department of Justice in connection with determining whether disclosure thereof is required by the Freedom of Information Act (5 U.S.C. 552).

    9. A record in this system of records may be disclosed to a contractor of the Department having need for the information in the performance of the contract, but not operating a system of records within the meaning of 5 U.S.C. 552a(m).

    10. A record in this system may be transferred to the Office of Personnel Management for personnel research purposes; as a data source for management information; for the production of summary descriptive statistics and analytical studies in support of the function for which the records are collected and maintained; or for related manpower studies.

    11. A record from this system of records may be disclosed to the Administrator, General Services, or his designee, during an inspection of records conducted by the General Services Administration as part of that agency's responsibility to recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this purpose, and any other relevant (i.e. GSA or Commerce) directive. Such disclosure shall not be used to make determinations about individuals.

    12. A record in this system of records may be disclosed to appropriate agencies, entities and persons when (1) it is suspected or determined that the security or confidentiality of information in the system of records has been compromised; (2) the DOC has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or whether systems or programs (whether maintained by the DOC or another agency or entity) that rely upon the compromised information; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the DOC's efforts to respond to the suspected or confirmed compromise and to prevent, minimize, or remedy such harm.

    13. A record in this system of records may be disclosed to appropriate agencies, entities and persons for the purpose of performing audit or oversight operations as authorized by law, but only such information as is necessary and relevant to such audit or oversight function.

    DISCLOSURE TO CONSUMER REPORTING AGENCIES:

    Not applicable.

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:

    Records in this system are on paper and/or in digital or other electronic form. Paper records are stored in secure rooms and storage cabinets and electronic records are stored as electronic/digital media and stored in secure file-servers within controlled environment. Both paper and electronic/digital records are accessed only by authorized personnel.

    RETRIEVABILITY:

    Records are retrieved by individual's name, employment status, organization and/or security access badge number, or other Department of Commerce identifier. Information may be retrieved from this system of records by automated search based on extant indices and automated capabilities utilized in the normal course of business.

    SAFEGUARDS:

    Entrance to data centers and support organization offices is restricted to those employees whose work requires them to be there for the system to operate. Identification cards are verified to ensure that records are in areas accessible only to authorized personnel who are properly screened, cleared, and trained. Disclosure of electronic information through remote terminals is restricted through the use of passwords and sign-on protocols that are periodically changed. Reports produced from the remote printers are subject to the same privacy controls as other documents of like sensitivity.

    Electronic and digital certificates ensure secure local and remote access and allow only authorized employees, contractor employees, or other affiliated individuals to gain access to federal information assets available through secured systems access.

    Access to sensitive records is available only to authorized employees and contractor employees responsible for the management of the system and/or employees of program offices who have a need for such information. Electronic records are password-protected or PKI-protected, consistent with the requirements of the Federal Information Security Management Act (Pub. L. 107-296), and associated OMB policies, standards and guidance from the National Institute of Standards and Technology, and the General Services Administration, all records are protected from unauthorized access through appropriate administrative, physical, and technical safeguards. Access is restricted on a “need to know” basis, utilization of PIV Card access, secure VPN for Web access, and locks on doors and approved storage containers. Buildings have security guards and secured doors. Entrances are monitored through electronic surveillance equipment.

    RETENTION AND DISPOSAL:

    Records are disposed of in accordance with the appropriate records disposition schedule approved by the Archivist of the United States.

    SYSTEM MANAGER(S) AND ADDRESS:

    System managers are the same as stated in the System Location section above.

    NOTIFICATION PROCEDURE:

    An individual requesting notification of existence of records on himself or herself should send a signed, written inquiry to the locations listed below. The request letter should be clearly marked, “PRIVACY ACT REQUEST.” The written inquiry must be signed and notarized or submitted with certification of identity under penalty of perjury. Requesters should reasonably specify the record contents being sought.

    For records at locations a., g., and i.: Departmental Freedom of Information and Privacy Act Officer, Room A300, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

    For records at locations b., c., and j.: U.S. Census Bureau, Freedom of Information and Privacy Act Officer, Room 8H027, 4600 Silver Hill Road, Washington, DC 20233-3700.

    For records at locations d. and m.: National Institute of Standards and Technology, Freedom of Information and Privacy Act Officer, Room 1710, 100 Bureau Drive, Gaithersburg, MD 20899.

    For records at locations e., f., and o.: National Oceanic and Atmospheric Administration, Freedom of Information and Privacy Act Officer, Room 9719, SSMC3, 1315 East-West Highway, Silver Spring, MD 20910.

    For records at locations h.and p.: U.S. Patent and Trademark Office, Freedom of Information and Privacy Act Officer, 600 Dulany Street, Madison Building, East, Room 10B20, Alexandria, Virginia 22313.

    For records at location k.: Bureau of Industry and Security, Freedom of Information and Privacy Act Officer, Room 6622, 1401 Constitution Avenue NW., Washington, DC 20230.

    For records at location l.: International Trade Administration, Freedom of Information and Privacy Act Officer, Room 40003, 1401 Constitution Avenue NW., Washington, DC 20230.

    For records at location n.: National Telecommunications and Information Administration, Freedom of Information and Privacy Act Officer, Room 4713, 1401 Constitution Avenue NW., Washington, DC 20230.

    For records at location q.: Office of Inspector General, Freedom of Information and Privacy Act Officer, Room 7892, 1401 Constitution Avenue NW., Washington, DC 20230.

    RECORD ACCESS PROCEDURES:

    An individual requesting access to records on himself or herself should send a signed, written inquiry to the same address as stated in the Notification Procedure section above. The request letter should be clearly marked, “PRIVACY ACT REQUEST.” The written inquiry must be signed and notarized or submitted with certification of identity under penalty of perjury. Requesters should specify the record contents being sought.

    CONTESTING RECORD PROCEDURES:

    An individual requesting corrections or contesting information contained in his or her records must send a signed, written request inquiry to the same address as stated in the Notification Procedure section above. Requesters should reasonable identify the records, specify the information they are contesting and state the corrective action sought and the reasons for the correction with supporting justification showing how the record is incomplete, untimely, inaccurate, or irrelevant.

    The Department's rules for access, for contesting contents, and for appealing initial determination by the individual concerned appear in 15 CFR part 4, Appendix B.

    RECORD SOURCE CATEGORIES:

    The information contained in these records is provided by or verified by: The subject individual of the record, supervisors, other personnel documents, other Department systems, access log records and sensors and non-Federal sources such as private employers and their agents, along with those authorized by the individuals to furnish information.

    SYSTEM EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT:

    Pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), and (k)(5), all information and material in the record which meets the criteria of these subsections are exempted from the notice, access, and contest requirements under 5 U.S.C. 552a(c)3, (d), (e)(1), (e)(4) (G), (H), and (I), and (f) of the agency regulations because of the necessity to exempt this information and material in order to accomplish the law enforcement function of the agency, to prevent disclosure of classified information as required by Executive Order 12958, as amended by Executive Order 13292, to assure the protection of the President, to prevent subjects of investigation from frustrating the investigatory process, to prevent the disclosure of investigative techniques, to fulfill commitments made to protect the confidentiality of information, and to avoid endangering these sources and law enforcement personnel. In a notice of proposed rulemaking, which is published separately in today's Federal Register, the Department of Commerce is proposing to exempt records maintained in this system from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), (k)(2), and (k)(5).

    Dated: April 28, 2015. Brenda Dolan, Department of Commerce, Freedom of Information and Privacy Act Officer.
    [FR Doc. 2015-10452 Filed 5-7-15; 8:45 am] BILLING CODE 3510-BX-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-28-2015] Foreign-Trade Zone (FTZ) 82—Mobile, Alabama; Notification of Proposed Production Activity; Outokumpu Stainless USA, LLC (Stainless Steel Products); Calvert, Alabama

    The City of Mobile, grantee of FTZ 82, submitted a notification of proposed production activity to the FTZ Board on behalf of Outokumpu Stainless USA, LLC (Outokumpu), located in Calvert, Alabama. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on April 21, 2015.

    The Outokumpu facility is located within Subzone 82I. The facility is used for the production of stainless steel mill products. Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status materials/components and specific finished products described in the submitted notification (as described below) and subsequently authorized by the FTZ Board.

    Production under FTZ procedures could exempt Outokumpu from customs duty payments on the foreign status materials/components used in export production. On its domestic sales, Outokumpu would be able to choose the duty rates during customs entry procedures that apply to: Granulated slag (slag sand); slag, dross and scalings; stainless steel in ingots and other primary forms; hot-rolled stainless steel coils; hot-rolled stainless steel not in coils; cold-rolled stainless steel not in coils; and, stainless steel sheets and plates (duty-free) for the foreign status materials/components noted below. Customs duties also could possibly be deferred or reduced on foreign status production equipment.

    The materials/components sourced from abroad include: Fluorspar containing by weight 97% or less of calcium fluoride; ferromanganese containing by weight more than 1% but less than 2% of carbon; ferromanganese containing by weight not more than 1% of carbon; ferrosilicon containing by weight more than 80% but not more than 90% silicon; ferrosilicon containing by weight more than 90% silicon; ferrochromium; ferronickel; ferro-niobium; ferro-boron; copper waste and scrap; unwrought nickel; unwrought nickel alloys; unwrought aluminum (other than alloy); unwrought molybdenum, including bars and rods obtained by simple sintering; unwrought titanium in rock or powder form; titanium castings; and, titanium in bars, rods, profiles and wires (duty rate ranges from duty-free to 15%). The request indicates that ferrosilicon may be subject to an antidumping/countervailing duty (AD/CVD) order. The FTZ Board's regulations (15 CFR 400.14(e)) require that merchandise subject to AD/CVD actions be admitted to the zone in privileged foreign status (19 CFR 146.41). In addition, the request indicates that all foreign status ferrosilicon, molybdenum and titanium classified under HTSUS Subheadings 7202.21, 8102.94, 8108.20 and 8108.90 will be admitted to the subzone in privileged foreign status (19 CFR 146.41), thereby precluding inverted tariff benefits on such items.

    Public comment is invited from interested parties. Submissions shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is June 17, 2015.

    A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the Board's Web site, which is accessible via www.trade.gov/ftz.

    For further information, contact Elizabeth Whiteman at [email protected] or (202) 482-0473.

    Dated: April 30, 2015. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2015-11220 Filed 5-7-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-30-2015] Foreign-Trade Zone 82—Mobile, Alabama; Application for Reorganization and Expansion Under Alternative Site Framework

    An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the City of Mobile, grantee of FTZ 82, requesting authority to reorganize and expand the zone under the alternative site framework (ASF) adopted by the FTZ Board (15 CFR Sec. 400.2(c)). The ASF is an option for grantees for the establishment or reorganization of zones and can permit significantly greater flexibility in the designation of new subzones or “usage-driven” FTZ sites for operators/users located within a grantee's “service area” in the context of the FTZ Board's standard 2,000-acre activation limit for a zone. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on May 1, 2015.

    FTZ 82 was approved by the FTZ Board on February 24, 1982 (Board Order 208, 48 FR 9052, 3/3/1983) and expanded on February 27, 1990 (Board Order 464, 55 FR 8159, 3/7/1990) and on December 19, 2003 (Board Order 1312, 69 FR 48, 1/2/2004).

    The current zone includes the following sites: Site 1 (1,863 acres)—Downtown Mobile Airport, Port and Riverfront Industrial Complex, Mobile; Site 2 (3,169 acres)—LeMoyne Industrial Park, located on U.S. Highway 43, LeMoyne; Site 3 (70 acres)—Mobile River Industrial Park, located on U.S. Highway 43, Saraland; Site 4 (34 acres)—Frisco Industrial Park, located on Craft Highway, Mobile and Prichard; Site 7 (3,364 acres)—Theodore Industrial Complex, located on the western shore of Mobile Bay, Theodore; Site 9 (221 acres)—Loxley Industrial Park, located near County Highway 49, Loxley; Site 13 (31 acres, expires 4/30/2016)—warehouse complex, 1200 Papermill Road, Mobile; Site 14 (6 acres, expires 4/30/2016)—Metro International Trade Services, 6955 Cary Hamilton Road, Theodore; Site 15 (15 acres, expires 4/30/2016)—Metro International Trade Services, 200 Callahan Drive, 1501 Telegraph Road and 1816/1818 Craft Highway, Prichard; Site 16 (3 acres, expires 4/30/2016)—Metro International Trade Services, 1510 Telegraph Road, Mobile; Site 17 (6 acres, expires 4/30/2016)—Metro International Trade Services, 1204 Telegraph Road, Mobile; Site 18 (10 acres, expires 4/30/2016)—John Fayard Moving & Warehousing, L.L.C., warehouse complex, 6030 Rangeline Road, Theodore; and, Site 19 (4 acres, expires 4/30/2016)—Technip UK, Ltd., 3405/3425 Hurricane Bay Drive, Theodore. (Note: Sites 5, 6, 8, 10, 11 and 12 have sunsetted pursuant to Board Order 1312.)

    The grantee's proposed service area under the ASF would be the Counties of Mobile, Baldwin, Butler, Choctaw, Clarke, Conecuh, Escambia, Monroe, Washington and Wilcox, as described in the application. If approved, the grantee would be able to serve sites throughout the service area based on companies' needs for FTZ designation. The proposed service area is within and adjacent to the Mobile Customs and Border Protection port of entry.

    The applicant is requesting authority to reorganize and expand its existing zone as follows: Restore 80 acres at Site 1 (new acreage—1,943 acres); Sites 1 (as modified), 2, 3, 4, 7, 9, 13 and 18 would become “magnet” sites; and, Sites 14, 15, 16, 17 and 19 would become “usage-driven” sites. The ASF allows for the possible exemption of one magnet site from the “sunset” time limits that generally apply to sites under the ASF, and the applicant proposes that modified Site 1 be so exempted. The application would have no impact on FTZ 82's previously authorized subzones.

    In accordance with the FTZ Board's regulations, Camille Evans of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board.

    Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board's Executive Secretary at the address below. The closing period for their receipt is July 7, 2015. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to July 22, 2015.

    A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the FTZ Board's Web site, which is accessible via www.trade.gov/ftz. For further information, contact Camille Evans at [email protected] or (202) 482-2350.

    Dated: May 2, 2015. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2015-11221 Filed 5-7-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-29-2015] Foreign-Trade Zone (FTZ) 148—Knoxville, Tennessee; Notification of Proposed Production Activity; CoLinx, LLC (Bearing Units); Crossville, Tennessee

    The Industrial Development Board of Blount County and the Cities of Alcoa and Maryville, Tennessee, grantee of FTZ 148, submitted a notification of proposed production activity to the FTZ Board on behalf of CoLinx, LLC (CoLinx), located in Crossville, Tennessee. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on April 29, 2015.

    The CoLinx facilities are located within Sites 2, 6 and 7 of FTZ 148. The facilities are used for the distribution and assembly of kits of bearing products. Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status materials and components and specific finished products described in the submitted notification (as described below) and subsequently authorized by the FTZ Board.

    Production under FTZ procedures could exempt CoLinx from customs duty payments on the foreign status components used in export production. On its domestic sales, CoLinx would be able to choose the duty rates during customs entry procedures that apply to: Mounted unit roller assemblies (housed, spherical roller bearing units); and, mounted unit ball assemblies (housed ball bearing units) (duty rate 4.5%) for the foreign status inputs noted below. Customs duties also could possibly be deferred or reduced on foreign status production equipment.

    The components and materials sourced from abroad include: Mineral oil based, lithium soap thickened bearing grease; double row insert bearings (spherical rollers), nitrile rubber contact lip seals with spring-loaded lips; and, plastic end caps for bearing housings (duty rate ranges from 2.5% to 1.3¢/kg + 5.7%).

    Public comment is invited from interested parties. Submissions shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is June 17, 2015.

    A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the Board's Web site, which is accessible via www.trade.gov/ftz.

    For further information, contact Elizabeth Whiteman at [email protected] or (202) 482-0473.

    Dated: April 30, 2015. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2015-11219 Filed 5-7-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration Education Trade Mission to Africa, March 7-10, 2016 AGENCY:

    International Trade Administration, Department of Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The United States Department of Commerce, International Trade Administration, is organizing an education mission to South Africa and Ghana with an optional stop in the Côte d'Ivoire. Department of Commerce is partnering with the Department of State's EducationUSA Advising Centers in each location. This trade mission will be led by a senior Department of Commerce official and the emphasis will be on higher education programs, community college programs and summer, undergraduate and graduate programs.

    This mission will seek to connect U.S. higher education institutions to potential students and university/institution partners in these three African countries. The mission will include student fairs organized by Education USA, embassy briefings, site visits, and networking events in our target cities of Johannesburg, Accra, and Abidjan. Participation in the Education Mission to these nations, rather than traveling independently to each market, will enhance the ability of participants to secure appropriate meetings with productive contacts in the target markets.

    Summer programs seeking to participate should be appropriately accredited by an accreditation body recognized by the U.S. Department of Education. Community colleges, undergraduate and graduate programs seeking to participate should be accredited by a recognized accreditation body listed in Council for Higher Education Accreditation (CHEA) or Accrediting Council for Education and Training (ACCET), in the Association of Specialized and Professional Accreditors (ASPA), or any accrediting body recognized by the U.S. Department of Education.

    The delegation will include representatives from approximately 25 different educational institutions.

    Mission Goals

    The goals of the United States Education Mission to Africa are: (1) To help participants gain market exposure and to introduce participants to the vibrant African market in the countries of South Africa, Ghana, and Côte d'Ivoire (2) to help participants assess current and future business prospects by establishing valuable contacts with prospective students and educational institutions/partners; and (3) to help participants develop market knowledge and relationships leading to student recruitment and potential partnerships.

    Proposed Mission Schedule—March 6 to 12, 2016 Johannesburg, South Africa—March 6-8, 2016 Sunday, March 6, 2016 Johannesburg

    • Arrive in Johannesburg.

    • Check into hotel.

    Monday, March 7, 2016 Johannesburg

    • Welcome and Briefing from the U.S. and Foreign Commercial Service.

    • Visit to Oprah Winfrey's Leadership Academy.

    • Visit to schools.

    • Networking reception.

    Tuesday, March 8, 2016 Johannesburg.

    • Additional visits to schools.

    • Education Fair.

    • Travel to Accra, Ghana.

    Accra, Ghana—Wednesday, March 9-10, 2016 Wednesday, March 9, 2016 Accra

    • Travel recovery.

    • Welcome and briefing from the U.S. and Foreign Commercial Service.

    • Visits to schools.

    • Reception at the U.S. Ambassador's residence.

    Thursday, March 10, 2016 Accra

    • Education Fair.

    • Depart to Abidjan, Côte d'Ivoire for optional stop or return to the United States on own itinerary.

    Official Trade Mission Ends Abidjan, Cote d'Ivoire (OPTIONAL) Friday, March 11, 2016 Abidjan

    Welcome and briefing from the U.S. Department of State (EducationUSA)

    • Visits to schools.

    • Education Fair.

    • Reception.

    Saturday, March 12, 2016

    • Departure to the USA.

    Participation Requirements

    All parties interested in participating in the Education Trade Mission to Africa must complete and submit an application package for consideration by the Department of Commerce. All applicants will be evaluated on their ability to meet certain conditions and best satisfy the selection criteria as outlined below. The mission will open on a rolling basis to a minimum of 20 and a maximum of 25 appropriately accredited U.S. educational institutions. U.S. educational institutions already recruiting in Africa, as well as U.S. education institutions seeking to enter the African market for the first time, may apply.

    Fees and Expenses

    After an institution has been selected to participate on the mission, a payment to the Department of Commerce in the form of a participation fee is required. The participation fee is $2,800 for one principal representative from each non-profit educational institution or educational institution with less than 500 employees and $3,300 for for-profit universities with over 500 employees.1 An institution can choose to participate in the optional stop in Cote d'Ivoire for an additional $1,800 for one principal representative from each non-profit educational institution or educational institution with less than 500 employees and $1,900 for for-profit universities with over 500 employees. The fee for each additional representative is $600. Expenses for lodging, some meals, incidentals, and all travel (except for transportation to and from airports in-country, previously noted) will be the responsibility of each mission participant. The U.S. Department of Commerce can facilitate government rates in some hotels.

    1 An SME is defined as a firm with 500 or fewer employees or that otherwise qualifies as a small business under SBA regulations (see http://www.sba.gov/services/contractingopportunities/sizestandardstopics/index.html). Parent companies, affiliates, and subsidiaries will be considered when determining business size. Non-profit educational institutions will be considered SMEs for purposes of this guidance. The dual pricing reflects the Commercial Service's user fee schedule that became effective May 1, 2008 (see http://www.export.gov/newsletter/march2008/initiatives.html for additional information).

    Conditions of Participation

    An applicant must submit a timely, completed and signed mission application and supplemental application materials, including adequate information on course offerings, primary market objectives, and goals for participation. The institution must have appropriate accreditation as specified per paragraph one above. The institution must be represented at the student fair by an employee. No agents will be allowed to represent a school on the mission or participate at the student fair. Agents will also not be allowed into the fairs to solicit new partnerships. If the Department of Commerce receives an incomplete application, the Department may reject the application, request additional information, or take the lack of information into account when evaluating the applications.

    Participants must travel to both stops in South Africa and Ghana on the mission. Côte d'Ivoire is the only optional stop.

    Each applicant must certify that the services it seeks to export through the mission are either produced in the United States, or, if not, marketed under the name of a U.S. firm and have at least 51 percent U.S. content of the value of the service.

    Selection Criteria for Participation

    • Consistency of the applicant's goals and objectives with the stated scope of the mission.

    • Applicant's potential for doing business in Africa, including the likelihood of service exports (education)/knowledge transfer resulting from the mission.

    Referrals from political organizations and any documents containing references to partisan political activities (including political contributions) will be removed from an applicant's submission and will not be considered during the selection process.

    Timeframe for Recruitment and Applications

    Mission recruitment will be conducted in an open and public manner, including publication in the Federal Register, posting on the Commerce Department trade mission calendar (http://export.gov/industry/education/) and other Internet Web sites, press releases to general and trade media, direct mail, notices by industry trade associations and other multiplier groups, and publicity at industry meetings, symposia, conferences, and trade shows. Recruitment for the mission will begin immediately and conclude no later than January 15, 2016. Applications for the mission will be accepted on a rolling basis. Applications received after January 15, 2016, will be considered only if space and scheduling constraints permit.

    Contacts CS Portland, Jennifer Woods, Senior International Trade Specialist, U.S. Commercial Service Portland, 503-326-5290, [email protected] CS Ft. Lauderdale, Tyler Hacking, Commercial Officer, U.S. Commercial Service Ft. Lauderdale, 954-356-6645, [email protected] CS South Africa (Johannesburg), Mike Calvert, Commercial Officer, U.S. Commercial Service South Africa (Johannesburg), (+27) 11 290-3062, [email protected] Sanjay Harryparshard, U.S. Commercial Service South Africa (Johannesburg), [email protected] CS Ghana, Joseph Snapp, Commercial Specialist, U.S. Commercial Service Ghana, +233 (0) 30 274 1329, [email protected] Paul Taylor, Senior Commercial Officer, U.S. Commercial Service Ghana, +233-302-741-086, [email protected] Côte d'Ivoire, Nina Toyo, EducationUSA Advisor, U.S. Embassy Abidjan, (225) 22 49 41 45, [email protected]
    Frank Spector, Trade Promotion Programs.
    [FR Doc. 2015-11070 Filed 5-7-15; 8:45 am] BILLING CODE 3510-FR-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-832] Pure Magnesium From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY:

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

    DATES:

    Effective Date: May 8, 2015.

    SUMMARY:

    On January 30, 2015, the Department of Commerce (“the Department”) published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on pure magnesium from the People's Republic of China (“PRC”), covering the period May 1, 2013, through April 31, 2014.1 This review covers one PRC exporter, Tianjin Magnesium International, Co., Ltd. (“TMI”) and Tianjin Magnesium Metal, Co., Ltd. (“TMM”) (collectively “TMI/TMM”). The Department gave interested parties an opportunity to comment on the Preliminary Results, but we received no comments. Hence, these final results are unchanged from the Preliminary Results, and we continue to find that TMI/TMM did not have reviewable entries during the period of review (“POR”).

    1See Pure Magnesium From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR 5087 (January 30, 2015) (“Preliminary Results”).

    FOR FURTHER INFORMATION CONTACT:

    Brendan Quinn or Erin Begnal, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5848 or (202) 482-1442, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    On January 30, 2015, the Department published the Preliminary Results of the instant review.2 TMI/TMM submitted timely-filed certifications indicating that they had no shipments of subject merchandise to the United States during the POR.3 In addition, in response to the Department's query, U.S. Customs and Border Protection (“CBP”) did not provide any evidence that contradicted TMI/TMM's claims of no shipments.4 The Department received no comments from interested parties concerning the results of the CBP query. Therefore, based on TMI/TMM's certification and our analysis of CBP information, we preliminarily determined that TMI/TMM did not have any reviewable entries during the POR.5 We invited interested parties to comment on the Preliminary Results. 6 We received no comments from interested parties.

    2Id.

    3See letter from TMM, “Pure Magnesium from the People's Republic of China; A-570-832; Certification of No Sales by Tianjin Magnesium Metal, Co., Ltd.,” dated July 23, 2014; see also letter from TMI, “Pure Magnesium from the People's Republic of China; A-570-832; Certification of No Sales by Tianjin Magnesium International, Co., Ltd.,” dated July 22, 2014.

    4See Preliminary Results, 80 FR at 5088.

    5Id.

    6Id.

    The Department conducted this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (“the Act”).

    Scope of the Order

    Merchandise covered by the order is pure magnesium regardless of chemistry, form or size, unless expressly excluded from the scope of the order. Pure magnesium is a metal or alloy containing by weight primarily the element magnesium and produced by decomposing raw materials into magnesium metal. Pure primary magnesium is used primarily as a chemical in the aluminum alloying, desulfurization, and chemical reduction industries. In addition, pure magnesium is used as an input in producing magnesium alloy. Pure magnesium encompasses products (including, but not limited to, butt ends, stubs, crowns and crystals) with the following primary magnesium contents:

    (1) Products that contain at least 99.95% primary magnesium, by weight (generally referred to as “ultra pure” magnesium);

    (2) Products that contain less than 99.95% but not less than 99.8% primary magnesium, by weight (generally referred to as “pure” magnesium); and

    (3) Products that contain 50% or greater, but less than 99.8% primary magnesium, by weight, and that do not conform to ASTM specifications for alloy magnesium (generally referred to as “off-specification pure” magnesium).

    “Off-specification pure” magnesium is pure primary magnesium containing magnesium scrap, secondary magnesium, oxidized magnesium or impurities (whether or not intentionally added) that cause the primary magnesium content to fall below 99.8% by weight. It generally does not contain, individually or in combination, 1.5% or more, by weight, of the following alloying elements: Aluminum, manganese, zinc, silicon, thorium, zirconium and rare earths.

    Excluded from the scope of the order are alloy primary magnesium (that meets specifications for alloy magnesium), primary magnesium anodes, granular primary magnesium (including turnings, chips and powder) having a maximum physical dimension (i.e., length or diameter) of one inch or less, secondary magnesium (which has pure primary magnesium content of less than 50% by weight), and remelted magnesium whose pure primary magnesium content is less than 50% by weight.

    Pure magnesium products covered by the order are currently classifiable under Harmonized Tariff Schedule of the United States (“HTSUS”) subheadings 8104.11.00, 8104.19.00, 8104.20.00, 8104.30.00, 8104.90.00, 3824.90.11, 3824.90.19 and 9817.00.90. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive.

    Final Determination of No Shipments

    As explained above, in the Preliminary Results, the Department found that TMI/TMM did not have reviewable entries during the POR.7

    7See Preliminary Results, 80 FR at 5088.

    After issuing the Preliminary Results, the Department received no comments from interested parties, nor has it received any information that would cause it to revisit its preliminary results. Therefore, for these final results, the Department continues to find that TMI/TMM did not have any reviewable entries during the POR.

    Assessment Rates

    The Department determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review.8 The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review.

    8See 19 CFR 351.212(b).

    Additionally, consistent with the Department's refinement to its assessment practice in NME cases, because the Department determined that TMI/TMM had no shipments of subject merchandise during the POR, any suspended entries that entered under TMI/TMM's antidumping duty case number (i.e., at that exporter's rate) will be liquidated at the PRC-wide rate.9

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

    Cash Deposit Requirements

    The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice of final results of the administrative review, as provided by section 751(a)(2)(C) of the Act: (1) For TMI/TMM, which claimed no shipments, the cash deposit rate will remain unchanged from the rate assigned to TMI/TMM in the most recently completed review of the company; (2) for previously investigated or reviewed PRC and non-PRC exporters who are not under review in this segment of the proceeding but who have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 111.73 percent; 10 and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice.

    10See Pure Magnesium From the People's Republic of China: Final Results of the 2008-2009 Antidumping Duty Administrative Review of the Antidumping Duty Order, 75 FR 80791 (December 23, 2010).

    Notification to Importers

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

    Administrative Protective Order

    This notice also serves as a reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation.

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

    Dated: April 24, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-11217 Filed 5-7-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [Docket No. 150428402-5402-01] Call for Applications for the International Buyer Program Select Service for Calendar Year 2016 AGENCY:

    International Trade Administration, Department of Commerce.

    ACTION:

    Notice and Call for Applications.

    SUMMARY:

    The U.S. Department of Commerce (DOC) announces that it will begin accepting applications for the International Buyer Program (IBP) Select service for calendar year 2016 (January 1, 2016 through December 31, 2016). This announcement sets out the objectives, procedures and application review criteria for IBP Select. Under IBP Select, the International Trade Administration (ITA) recruits international buyers to U.S. trade shows to meet with U.S. suppliers exhibiting at those shows. The main difference between IBP and IBP Select is that IBP offers worldwide promotion, whereas IBP Select focuses on promotion and recruitment in up to five international markets. Specifically, through the IBP Select, the DOC selects domestic trade shows that will receive DOC assistance in the form of targeted promotion and recruitment in up to five foreign markets, export counseling to exhibitors, and export counseling and matchmaking services at the trade show. This notice covers selection for IBP Select participation during calendar year 2016.

    DATES:

    Applications for IBP Select must be received by June 22, 2015.

    ADDRESSES:

    Applications may be submitted by any of the following methods: (1) Mail/Hand Delivery Service: International Buyer Program, Trade Promotion Programs, International Trade Administration, U.S. Department of Commerce, Ronald Reagan Building, 1300 Pennsylvania Ave. NW., Suite 800—Mezzanine Level—Atrium North, Washington, DC 20004; (2) Facsimile: (202) 482-7800; or (3) email: [email protected] Facsimile and email applications will be accepted as interim applications, and must be followed by a signed original application that is received by the program no later than five (5) business days after the application deadline. To ensure that applications are received by the deadline, applicants are strongly urged to send applications by express delivery service (e.g., U.S. Postal Service Express Delivery, Federal Express, UPS, etc.).

    FOR FURTHER INFORMATION CONTACT:

    Vidya Desai, Acting Director, International Buyer Program, Trade Promotion Programs, International Trade Administration, U.S. Department of Commerce, 1300 Pennsylvania Ave. NW., Ronald Reagan Building, Suite 800M—Mezzanine Level—Atrium North, Washington, DC 20004; Telephone (202) 482-2311; Facsimile: (202) 482-7800; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The IBP was established in the Omnibus Trade and Competitiveness Act of 1988 (Pub. L. 100-418, title II, § 2304, codified at 15 U.S.C. 4724) to bring international buyers together with U.S. firms by promoting leading U.S. trade shows in industries with high export potential. The IBP emphasizes cooperation between the DOC and trade show organizers to benefit U.S. firms exhibiting at selected events and provides practical, hands-on assistance such as export counseling and market analysis to U.S. companies interested in exporting. Shows selected for the IBP Select will provide a venue for U.S. companies interested in expanding their sales into international markets.

    Through the IBP, the DOC selects trade shows that DOC determines to be leading trade shows with participation by U.S. firms interested in exporting. DOC provides successful applicants with assistance in the form of targeted overseas promotion of the show by U.S. Embassies and Consulates; outreach to show participants about exporting; recruitment of potential buyers to attend the events; and staff assistance in setting up and staffing international trade centers at the events. Targeted promotion in up to five markets can be executed through the overseas offices of ITA or in U.S. Embassies in countries where ITA does not maintain offices.

    ITA is accepting applications for IBP Select from trade show organizers of trade events taking place between January 1, 2016 and December 31, 2016. Selection of a trade show for IBP Select is valid for one event. A trade show organizer seeking selection for a recurring event must submit a new application for selection for each occurrence of the event. For events that occur more than once in a calendar year, the trade show organizer must submit a separate application for each event.

    There is no fee required to submit an application. For IBP Select in calendar year 2016, ITA expects to select approximately 6 events from among the applicants. ITA will select those events that are determined to most clearly support the statutory mandate in 15 U.S.C. 4721 to promote U.S. exports, especially those of small- and medium-sized enterprises, and that best meet the selection criteria articulated below. Once selected, applicants will be required to enter into a Memorandum of Agreement (MOA) with the DOC, and submit payment of the $6,000 2016 participation fee within 30 days of written notification of acceptance into IBP Select. The MOA constitutes an agreement between the DOC and the show organizer specifying which responsibilities for international promotion and export assistance services at the trade shows are to be undertaken by the DOC as part of the IBP Select and, in turn, which responsibilities are to be undertaken by the show organizer. Anyone requesting application information will be sent a sample copy of the MOA along with the application form and a copy of this Federal Register Notice. Applicants are encouraged to review the MOA closely, as IBP Select participants are expected to comply with all terms, conditions, and obligations in the MOA. Trade show organizer obligations include the construction of an International Trade Center at the trade show, production of an export interest directory, and provision of complimentary hotel accommodations for DOC staff as explained in the MOA. The responsibilities to be undertaken by the DOC will be carried out by ITA. ITA responsibilities include targeted promotion of the trade show and, where feasible, recruitment of international buyers to that show from up to five target markets identified, provision of on-site export assistance to U.S. exhibitors at the show, and the reporting of results to the show organizer.

    Selection as an IBP Select show does not constitute a guarantee by DOC of the show's success. IBP Select participation status is not an endorsement of the show except as to its international buyer activities. Non-selection of an applicant for IBP Select status should be viewed as a determination that the event will not be successful in promoting U.S. exports.

    Eligibility: 2016 U.S. trade events, through the show organizer, with 1,350 or fewer exhibitors are eligible to apply for IBP Select participation. First-time events will also be considered.

    Exclusions: U.S. trade shows with over 1,350 exhibitors will not be considered for IBP Select.

    General Evaluation Criteria: ITA will evaluate applicants for IBP Select participants using the following criteria:

    (a) Export Potential: The trade show promotes products and services from U.S. industries that have high export potential, as determined by DOC sources, including industry analysts' assessment of export potential, ITA best prospects lists, and U.S. export analysis.

    (b) Level of International Interest: The trade show meets the needs of a significant number of overseas markets and corresponds to marketing opportunities as identified by ITA. Previous international attendance at the show may be used as an indicator.

    (c) Scope of the Show: The event must offer a broad spectrum of U.S. made products and services for the subject industry. Trade shows with a majority of U.S. firms as exhibitors are given priority.

    (d) U.S. Content of Show Exhibitors: Trade shows with exhibitors featuring a high percentage of products produced in the United States or products with a high degree of U.S. content will be preferred.

    (e) Stature of the Show: The trade show is clearly recognized by the industry it covers as a leading event for the promotion of that industry's products and services both domestically and internationally, and as a showplace for the latest technology or services in that industry.

    (f) Level of Exhibitor Interest: There is significant interest on the part of U.S. exhibitors in receiving international business visitors during the trade show. A significant number of U.S. exhibitors should be new-to-export or seeking to expand their sales into additional export markets.

    (g) Level of Overseas Marketing: There has been a demonstrated effort by the applicant to market prior shows overseas. In addition, the applicant should describe in detail the international marketing program to be conducted for the event, and explain how efforts should increase individual and group international attendance.

    (h) Level of Cooperation: The applicant demonstrates a willingness to cooperate with ITA to fulfill the program's goals and adhere to the target dates set out in the MOA and in the event timetables, both of which are available from the program office (see the FOR FURTHER INFORMATION CONTACT section above). Past experience in the IBP will be taken into account in evaluating the applications received.

    (i) Delegation Incentives: Waived or reduced (by at least 50%) admission fees are required for international attendees who are participating in IBP Select. Delegation leaders also must be provided complimentary admission to the event. In addition, show organizers should offer a range of incentives to delegations and/or delegation leaders recruited by the DOC overseas posts. Examples of incentives to international visitors and to organized delegations include: Special organized events, such as receptions, meetings with association executives, briefings, and site tours; or complimentary accommodations for delegation leaders.

    Review Process: ITA will vet all applications received based on the criteria set out in this notice. Vetting will include soliciting input from ITA industry analysts, as well as domestic and international field offices, focusing primarily on the export potential, level of international interest, and stature of the show. In reviewing applications, ITA will also consider sector and calendar diversity in terms of the need to allocate resources to support selected events.

    Application Requirements: Show organizers submitting applications for 2016 IBP Select are required to submit: (1) A narrative statement addressing each question in the application, OMB 0625-0151 (found at www.export.gov/ibp); and (2) a signed statement that “The above information provided is correct and the applicant will abide by the terms set forth in this Call for Applications for the International Buyer Program Select (January 1, 2016 through December 31, 2016);” on or before the deadline noted above. There is no fee required to apply. ITA expects to issue the results of this process in August 2015.

    Legal Authority: The statutory program authority for ITA to conduct the IBP is 15 U.S.C. 4724. ITA has the legal authority to enter into MOAs with show organizers under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 (MECEA), as amended (22 U.S.C. 2455(f) and 2458(c)). MECEA allows ITA to accept contributions of funds and services from firms for the purposes of furthering its mission.

    The Office of Management and Budget (OMB) has approved the information collection requirements of the application to this program (0625-0151) under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (OMB Control No. 0625-0151). Notwithstanding any other provision of law, no person is 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 currently valid OMB Control Number.

    For further information please contact: Vidya Desai, Acting Director, International Buyer Program ([email protected]).

    Frank Spector, Trade Promotion Programs.
    [FR Doc. 2015-11053 Filed 5-7-15; 8:45 am] BILLING CODE 3510-DR-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; NOAA Restoration Center Performance Progress Report AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. The draft revised information collection form and guidance not yet approved by OMB can be reviewed at http://www.habitat.noaa.gov/restoration/programs/crp.html.

    DATES:

    Written comments must be submitted on or before July 7, 2015.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Julia Royster, Office of Habitat Conservation, Restoration Center, 1315 East-West Highway, Silver Spring, 20910, (301) 427-8686, or [email protected].

    SUPPLEMENTARY INFORMATION: I. Abstract

    This request is for revision and extension of a currently approved information collection.

    The NOAA Restoration Center (NOAA RC) provides technical and financial assistance to identify, develop, implement, and evaluate community-driven habitat restoration projects. Awards are made as grants or cooperative agreements under the authority of the Magnuson-Stevens Fishery Conservation and Management Act of 2006, 16 U.S.C. 1891a and the Fish and Wildlife Coordination Act, 16 U.S.C. 661, as amended by the Reorganization Plan No. 4 of 1970.

    The NOAA RC requires specific information on habitat restoration projects that we fund, as part of routine progress reporting. Recipients of NOAA RC funds submit information such as project location, restoration techniques used, species benefited, acres restored, stream miles opened to access for diadromous fish, volunteer participation, and other parameters.

    The required information enables NOAA to track, evaluate and report on coastal and marine habitat restoration and demonstrate accountability for federal funds. This information is used to populate a database of NOAA RC-funded habitat restoration. The database, with its robust querying capabilities, is instrumental to provide accurate and timely responses to NOAA, Department of Commerce, Congressional and constituent inquiries. It also facilitates reporting by NOAA on the Government Performance and Results Act “acres restored” performance measure. Grant recipients are required by the NOAA Grants Management Division to submit periodic performance reports and a final report for each award; this collection stipulates the information to be provided in these reports.

    Since the last extension of this collection approved by OMB, the database used to track and report on restoration projects has been updated and redesigned. The NOAA RC is revising and streamlining the progress report form to ensure it aligns with the updated database and collects only the information we need to effectively track, evaluate, and report on restoration projects completed with federal funds. The NOAA RC has also divided the information collected into two forms for simplicity. The Performance Report Form focuses on tracking project implementation, milestones, performance measures, monitoring, and expenditures. The Administrative Form only applies to recipients with an award that will implement multiple projects. It collects information on the administration of the award, the number of projects supported by the award, and award expenditures.

    II. Method of Collection

    NOAA's preferred method of collection is submission of electronic fillable forms attached to an award file in Grants Online, NOAA's award management system. If the recipient does not have electronic access to submit the form, mailed paper forms will be accepted.

    III. Data

    OMB Control Number: 0648-0472.

    Form Number(s): None.

    Type of Review: Regular (revision and extension of currently approved information collection).

    Affected Public: Not-for-profit institutions; state, local, or tribal government; business or other for-profit organizations.

    Estimated Number of Respondents: 130.

    Estimated Time per Response: Performance Interim reports, 4 hours, 30 minutes; final reports, 7 hours, 45 minutes and Administrative Interim reports, 4 hours; final reports, 7 hours.

    Estimated Total Annual Burden Hours: 3,475.

    Estimated Total Annual Cost to Public: $0 in recordkeeping/reporting costs.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: May 4, 2015. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2015-11046 Filed 5-7-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD938 New England Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The New England Fishery Management Council (Council) is scheduling a joint public meeting of its Monkfish Committee and Advisory Panel to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

    DATES:

    This meeting will be held on Tuesday, May 26, 2015 at 9 a.m.

    ADDRESSES:

    Meeting address: The meeting will be held at the Radisson Airport Hotel, 2081 Post Road, Warwick, RI 02886; telephone: (401) 739-3000; fax: (401) 732-9309.

    Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950.

    FOR FURTHER INFORMATION CONTACT:

    Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465-0492.

    SUPPLEMENTARY INFORMATION:

    The Monkfish Committee and Advisory Panel will meet to review Plan Development Team work on alternatives under consideration and impacts of these alternatives in Framework Adjustment 9 and select preferred alternatives. The Committee and Advisory Panel will also address other business as necessary.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465-0492, at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: May 5, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-11119 Filed 5-7-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD936 Western Pacific Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The Western Pacific Fishery Management Council (Council) will hold the Second Meeting of its Protected Species Advisory Committee (PSAC) in Honolulu, HI. The PSAC will receive updates on fishery management actions and protected species activities, review protected species interactions in the Hawaii longline fishery, discuss monitoring of Fishery Ecosystem Plans (FEP) through annual reports, and review the Council's research priorities related to protected species. The PSAC may make recommendations on these topics.

    DATES:

    The PSAC meeting will be held between 9 a.m. and 5 p.m. on May 27-28, 2015.

    ADDRESSES:

    The meeting will be held at the Council Office Conference Room, 1164 Bishop Street, Suite 1400, Honolulu, HI; telephone: (808) 522-8220.

    FOR FURTHER INFORMATION CONTACT:

    Kitty M. Simonds, Executive Director; telephone: (808) 522-8220.

    SUPPLEMENTARY INFORMATION:

    Public comment opportunity will be provided. The order in which agenda items are addressed may change. The meetings will run as late as necessary to complete scheduled business.

    Agenda:

    9 a.m., Wednesday, May 27, 2015 1. Welcome and Introductions 2. Approval of Agenda 3. Status of the First Protected Species Advisory Committee Meeting Recommendations 4. Fishery Management Updates A. Recent Council Actions i. American Samoa Large Vessel Prohibited Area Temporary Exemption ii. Other Pelagic Fisheries Actions iii. Insular Fisheries Actions iv. Discussion B. Endangered Species Act (ESA) Section 7 Consultations i. Overview of Section 7 Consultations ii. Biological Opinion for the Hawaii Deep-set Longline Fishery and Related Marine Mammal Protection Act Permit iii. Consultation for the American Samoa Longline Fishery iv. Consultations on Corals and Scalloped Hammerhead Shark v. Discussion 5. Protected Species Updates A. Council Protected Species Activities Update B. NMFS Protected Species Activities Update C. Green Turtle Status Review and Proposed Rule D. Humpback Whale Status Review and Proposed Rule E. Discussion 6. Review of Protected Species Interactions in the Hawaii Longline Fishery A. Overview of Protected Species Interactions B. Fishing Effort and Spatial Trends C. Sea Turtle Interactions i. Observed and Expanded Interactions ii. Sea Turtle Abundance Trends iii. ESA Consultation Analyses iv. Discussion D. Seabird Interactions i. Observed and Expanded Interactions ii. Albatross Abundance Trends iii. Ongoing Research to Assess Seabird Catch Rates iv. Discussion E. Discussion on Interaction Trends and Analysis Needs 7. Public Comment 9 a.m., Thursday, May 28, 2015 8. Monitoring the Fishery Ecosystem Plans (FEP) through Annual Reports A. Annual Report Outline and Review Schedules B. Considerations for Monitoring Protected Species Interactions C. Statistical Control Chart Approach for Monitoring Protected Species Interactions D. Discussion on Effective Monitoring of Protected Species under the FEP Annual Reports 9. Council's Research Priorities A. Five-year Research Priorities B. Cooperative Research Priorities C. Discussion 10. Public Comment 11. Committee Discussion and Recommendations 12. Other Business & Next Meeting Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds, (808) 522-8220 (voice) or (808) 522-8226 (fax), at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: May 5, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-11117 Filed 5-7-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD937 Gulf of Mexico Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of a public meeting.

    SUMMARY:

    The Gulf of Mexico Fishery Management Council (Council) will hold a joint meeting of its Special Coral Scientific and Statistical Committee (SSC) and Coral Advisory Panel (AP).

    DATES:

    The meeting will convene on Wednesday, May 27, 2015, from 8:30 a.m. until 4:30 p.m.

    ADDRESSES:

    The meeting will be held at the Gulf of Mexico Fishery Management Council's office, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Morgan Kilgour, Ph.D., Fishery Biologist, Gulf of Mexico Fishery Management Council; telephone: (813) 348-1630; fax: (813) 348-1711; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The items of discussion on the agenda are as follows:

    Joint Special Coral Scientific and Statistical Committee (SSC) and Coral Advisory Panel (AP) Meeting Agenda, Wednesday, May 27, 2015, 8:30 a.m. Until 4:30 p.m. I. Election of Coral Advisory Panel (AP) chair II. Adoption of the Agenda III. Approval of Minutes From the April 24, 2014, Joint Coral SSC/AP Meeting IV. Council Charge—“to determine the criteria and boundaries, and other specifics for potential sites, and once that has been determined, that this group meet with representatives of any potentially impacted fisheries and members of law enforcement.” V. Plan of Work VI. Review Report From the Coral Working Group a. Flower Garden Banks National Marine Sanctuary Proposed Boundary Expansion Update b. Pulley Ridge Proposed Boundary Expansion Update VII. Discuss Individual Sites Identified by the Coral Working Group a. Review and Discuss Information b. Evaluate Appropriate Boundaries or Areas c. Make Recommendations on Appropriate Areas d. Potential Fishery Interactions VIII. Other Business a. Discuss Timeline for Next Steps Adjourn

    This agenda may be modified as necessary to facilitate the discussion of pertinent materials up to and during the scheduled meeting.

    For meeting materials see folder “Joint Special Coral SSC and Coral AP Meeting—2015-05” on Gulf Council file server. To access the file server, the URL is https://public.gulfcouncil.org:5001/webman/index.cgi, or go to the Council's Web site and click on the FTP link in the lower left of the Council Web site (http://www.gulfcouncil.org). The username and password are both “gulfguest”. The meeting will be webcast over the Internet. A link to the webcast will be available on the Council's Web site, http://www.gulfcouncil.org.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency.

    Special Accommodations

    The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kathy Pereira at the Council Office (see ADDRESSES), at least 5 working days prior to the meeting.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: May 5, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-11118 Filed 5-7-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Socioeconomic Survey—Manell-Geus (Guam) AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before July 7, 2015.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Peter Edwards, (301) 563-1145 Ext 145 or at [email protected]

    SUPPLEMENTARY INFORMATION: I. Abstract

    This request is for a new information collection. The purpose of this information collection is to obtain information from individuals in Merizo, Guam. Specifically, NOAA is seeking information on the knowledge, attitudes and perceptions of watershed and coral reef conditions, as well as information on knowledge and attitudes related to specific reef protection activities in the Manell-Geus watershed and adjacent waters. In addition, this survey will provide for the ongoing collection of social and economic data related to the communities affected by coral reef conservation programs.

    Manell-Geus is one of ten sites in the nation selected as a focus area for NOAA's Habitat Blueprint initiative. Community support and engagement are key elements towards successfully building resilience. We intend to use the information collected through this instrument for research purposes as well as measuring and improving the results of our coral reef protection programs. Because many of our efforts to protect reefs rely on education and changing attitudes toward reef protection, the information collected will allow NOAA staff to ensure programs are designed appropriately at the start, future program evaluation efforts are as successful as possible, and outreach efforts are targeting the intended recipients with useful information.

    II. Method of Collection

    Information will be collected using a combination of approaches namely household surveys, focus groups, and key informant interviews. The combination of these approaches is the most efficient and effective way to collect this kind of information at the village level for this U.S. jurisdiction.

    III. Data

    OMB Control Number: 0648-xxxx.

    Form Number: NA.

    Type of Review: Regular submission (request for a new information collection).

    Affected Public: Individuals or households.

    Estimated Number of Respondents: 400.

    Estimated Time per Response: 25 minutes.

    Estimated Total Annual Burden Hours: 167.

    Estimated Total Annual Cost to Public: $0 in recordkeeping/reporting costs.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2015-11206 Filed 5-7-15; 8:45 am] BILLING CODE 3510-JS-P
    DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket ID PTO-C-2015-0017] Title: National Medal of Technology and Innovation Nomination Evaluation Committee Meeting AGENCY:

    United States Patent and Trademark Office, Commerce.

    ACTION:

    Notice of closed meeting.

    SUMMARY:

    The National Medal of Technology and Innovation (NMTI) Nomination Evaluation Committee will meet in closed session on Tuesday, May 19, 2015. The primary purpose of the meeting is to discuss the relative merits of persons, teams, and companies nominated for the 2013 and 2014 NMTI. The Committee will consider nominations from both years in order to expedite the awards process.

    DATES:

    The meeting will convene Tuesday, May 19, 2015, at approximately 9 a.m., and adjourn at approximately 5 p.m.

    ADDRESSES:

    The meeting will be held at the United States Patent and Trademark Office, 600 Dulany Street, Alexandria, VA 22314.

    FOR FURTHER INFORMATION CONTACT:

    John Palafoutas, Program Manager, National Medal of Technology and Innovation Program, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313; telephone (571) 272-9821; or by electronic mail: [email protected]

    SUPPLEMENTARY INFORMATION:

    Pursuant to the Federal Advisory Committee Act (FACA), 5 U.S.C. app. 2, notice is hereby given that the NMTI Nomination Evaluation Committee, chartered to the United States Department of Commerce, will meet at the United States Patent and Trademark Office campus in Alexandria, Virginia.

    The Secretary of Commerce is responsible for recommending to the President prospective NMTI recipients. The NMTI Nomination Evaluation Committee evaluates the nominations received pursuant to public solicitation and makes its recommendations for the Medal to the Secretary. Committee members are distinguished experts in the fields of science, technology, business, and patent law drawn from both the public and private sectors and are appointed by the Secretary for three-year terms.

    The NMTI Nomination Evaluation Committee was established in accordance with the FACA. The Committee meeting will be closed to the public in accordance with the FACA and 5 U.S.C. 552b(c)(6) and (9)(B), because the discussion of the relative merit of the Medal nominations is likely to disclose information of a personal nature..

    The Chief Financial Officer and Assistant Secretary for Administration, United States Department of Commerce, formally determined on April 16, 2015 pursuant to Section 10(d) of the FACA, that the meeting may be closed because Committee members are concerned with matters that are within the purview of 5 U.S.C. 552b(c)(6) and (9)(B). Due to closure of this meeting, copies of any minutes of the meeting will not be available. A copy of the determination is available for public inspection at the United States Patent and Trademark Office.

    Dated: May 3, 2015. Michelle K. Lee, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office.
    [FR Doc. 2015-11010 Filed 5-7-15; 8:45 am] BILLING CODE 3510-16-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List Additions AGENCY:

    Committee for Purchase From People Who Are Blind or Severely Disabled.

    ACTION:

    Additions to the Procurement List.

    SUMMARY:

    This action adds products to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.

    DATES:

    Effective Date: 6/8/2015.

    ADDRESSES:

    Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia 22202-4149.

    FOR FURTHER INFORMATION CONTACT:

    Barry S. Lineback, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email [email protected]

    SUPPLEMENTARY INFORMATION:

    Additions

    On 1/30/2015 (80 FR 5092-5093), the Committee for Purchase From People Who Are Blind or Severely Disabled published notice of proposed additions to the Procurement List.

    After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the products and impact of the additions on the current or most recent contractors, the Committee has determined that the products listed below are suitable for procurement by the Federal Government under 41 U.S.C. 8501-8506 and 41 CFR 51-2.4.

    Regulatory Flexibility Act Certification

    I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:

    1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products to the Government.

    2. The action will result in authorizing small entities to furnish the products to the Government.

    3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 8501-8506) in connection with the products proposed for addition to the Procurement List.

    End of Certification

    Accordingly, the following products are added to the Procurement List:

    Products: Product Name/NSN(s): Bold Ballpoint Pen, SKILCRAFT, 1.4mm with Clip, Cushion Grip 7520-00-NIB-1969—Black Ink, Refillable 7520-00-NIB-1970—Blue Ink, Refillable 7520-00-NIB-1971—Red Ink, Refillable Mandatory Purchase For: Total Government Requirement Mandatory Source of Supply: Industries of the Blind, Inc., Greensboro, NC Contracting Activity: General Services Administration Distribution: A-List Product Name/NSN(s): Plastic Point Stick Permanent Water Resistant Pens 7520-00-NIB-2284—Fine Point, Black Ink 7520-00-NIB-2285—Fine Point, Blue Ink 7520-00-NIB-2286—Fine Point, Red Ink 7520-00-NIB-2289—Medium Point, Black Ink Distribution: A-List 7520-00-NIB-2290—Medium Point, Blue Ink 7520-00-NIB-2291—Medium Point, Red Ink Distribution: B-List Mandatory Purchase For: Total and Broad Government Requirement Mandatory Source of Supply: Winston-Salem Industries for the Blind, Inc., Winston-Salem, NC Contracting Activity: General Services Administration Barry S. Lineback, Director, Business Operations.
    [FR Doc. 2015-11129 Filed 5-7-15; 8:45 am] BILLING CODE 6353-01-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions and Deletions AGENCY:

    Committee for Purchase From People Who Are Blind or Severely Disabled.

    ACTION:

    Proposed additions to and deletions from the Procurement List.

    SUMMARY:

    The Committee is proposing to add product and service to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deleted products and services previously furnished by such agencies.

    DATES:

    Comments must be received on or before: June 8, 2015.

    ADDRESSES:

    Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia 22202-4149.

    FOR FURTHER INFORMATION CONTACT:

    Barry S. Lineback, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email [email protected]

    SUPPLEMENTARY INFORMATION:

    This notice is published pursuant to 41 U.S.C. 8503(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions.

    Additions

    If the Committee approves the proposed additions, the entities of the Federal Government identified in this notice will be required to procure the product and service listed below from nonprofit agencies employing persons who are blind or have other severe disabilities.

    The following product and service are proposed for addition to the Procurement List for production by the nonprofit agencies listed:

    Product Product Name/NSN(s): 9V Alkaline Non-rechargeable Battery/6135-00-900-2139 Mandatory Purchase For: Total Government Requirement Mandatory Source of Supply: Eastern Carolina Vocational Center, Inc., Greenville, NC Contracting Activity: Defense Logistics Agency Land and Maritime, Columbus, OH Distribution: A-List Service Service Type: Furniture Design and Configuration Service Service Is Mandatory For: New Hampshire National Guard Mandatory Source of Supply: Industries for the Blind Inc., West Allis, WI Contracting Activity: United States Property and Fiscal Office (USPFO), New Hampshire National Guard, Pease ANGB, NH Deletions

    The following products and services are proposed for deletion from the Procurement List:

    Products Product Name/NSN(s): One Step Tub & Shower Cleaner/MR 584 Mandatory Source of Supply: Winston-Salem Industries for the Blind, Inc., Winston-Salem, NC Product Name/NSN(s): Brush, Bowl, Hardwood/MR 917 Mandatory Source of Supply: Alabama Industries for the Blind, Talladega, AL Contracting Activity: Defense Commissary Agency, Fort Lee, VA Product Name/NSN(s): Card, Guide, File 7530-00-988-6520—1/3 Cut, 1st/3rd Positions Tabs, Legal, Light Green 7530-00-988-6517—1/5 Cut, 1st/5th Positions Tabs, Letter, Light Green Mandatory Source of Supply: Georgia Industries for the Blind, Bainbridge, GA Contracting Activity: General Services Administration Services Service Type: Janitorial/Custodial Service Service Purchase For: U.S. Army Reserve Center, 295 Goucher Street: Johnston, Center #1, Johnstown, PA U.S. Army Reserve Center: Center #2, 1300 St. Clair Road, Johnstown, PA Johnstown Aviation Support Facility, Airport Road #2, Johnstown, PA Contracting Activity: Dept of the Army, W6QM MICC Ctr-Ft Dix (RC) U.S. Marine Corps Reserve Center, 218 Aviation Drive, Johnstown, PA Contracting Activity: Dept of the Army, W40M Northern Region Contract Ofc Mandatory Source of Supply: UNKNOWN Barry S. Lineback, Director, Business Operations.
    [FR Doc. 2015-11128 Filed 5-7-15; 8:45 am] BILLING CODE 6353-01-P
    DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2015-0014] Proposed Collection; Comment Request AGENCY:

    U.S. Army Corps of Engineers, Civil Works Directorate, Department of Army.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the U.S. Army Corps of Engineers, Civil Works Directorate, Department of Army announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Consideration will be given to all comments received by July 7, 2015.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

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

    • Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate of Oversight and Compliance, Regulatory and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-9010.

    Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

    Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at http://www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the U.S. Army Corps of Engineers, Directorate of Civil Works, Office of Planning and Policy, ATTN: Douglas Gorecki, 441 G Street, Washington, DC 20314, or call 202-761-5450.

    SUPPLEMENTARY INFORMATION:

    Title; Associated Form; and OMB Number: U.S. Army Corps of Engineers, Instrument for Hurricane Evacuation Behavioral Survey; Generic Collection for OMB Control Number 0710-XXXX.

    Needs and Uses: The primary purpose of collections to be conducted under this clearance is to provide data which will be used in conjunction with other information to derive numerical values of certain evacuation behaviors which in turn will be used in transportation modeling of evacuation clearance times, along with shelter planning and public outreach. In general all collections under this clearance will be designed based upon accepted statistical practices and sampling methodologies, will gather consistent and valid data that are representative of the target population, address non-response bias issues, and achieve response rates needed to obtain statistically useful results.

    Affected Public: Residents, property owners, businesses, nongovernmental organizations, Local Governments.

    Annual Burden Hours: 1500 hours.

    Number of Respondents: 6000.

    Responses per Respondent: 1.

    Average Burden per Response: 15 minutes (0.25 hours).

    Frequency: On occasion.

    Respondents are residents living in coastal areas where public officials may call for an evacuation when a hurricane threatens. The sample population queried in this generic collection is typically identified using available hurricane risk data, including data on areas at risk from hurricane storm surge flooding, previous hurricane evacuation studies or hurricane response plans, established hurricane evacuation zones, and in coordination with State and Local governments within the study area who are responsible for hurricane emergency management and evacuation decision making.

    Dated: May 5, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-11101 Filed 5-7-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2015-0015] Proposed Collection; Comment Request AGENCY:

    U.S. Army Corps of Engineers, Department of Army, Department of Defense.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Office of the Assistant Secretary of Defense for Civil Works announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Consideration will be given to all comments received by July 7, 2015.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

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

    Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate of Oversight and Compliance, Regulatory and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-9010.

    Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

    Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at http://www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the U.S. Army Corps of Engineers, Institute for Water Resources, Casey Building, 8801 Telegraph Road, Alexandria, VA 22315 ATTN: Meredith Bridgers or call 703-428-8458.

    SUPPLEMENTARY INFORMATION:

    Title; Associated Form; and OMB Number: Recreation Area and Visitor Center Visitor Comment Cards; Generic Collection for OMB Control Number 0710-XXXX.

    Needs and Uses: The information collection requirement is necessary to understand and determine the satisfaction of recreation visitors to US Army Corps of Engineers managed recreation areas.

    Affected Public: Public Visitors to US Army Corps of Engineers managed recreation areas.

    Annual Burden Hours: 3750 hours.

    Number of Respondents: 45,000.

    Responses per Respondent: 1.

    Average Burden per Response: 5 minutes (0.083 hours).

    Frequency: On occasion.

    Respondents to this generic collection of information via comment cards are public visitors to U.S. Army Corps of Engineers Recreation Areas. Participation is voluntary. Comment cards are distributed via two methods. In a rack, for example at a visitor center or kiosk, resulting in visitor initiated response. Or scheduled surveys where visitors are intercepted by a survey clerk. The respondent is selected from exiting visitors where one member of the party is asked to complete the card and return to the survey clerk. Recreation areas where comment cards are used meet visitation and funding thresholds or a local administrative need. Survey Clerks are staff or USACE trained volunteers. Visitors are asked questions in the following categories; previous visits, area information sources, fees charged, facilities used, facility rating, and demographics.

    Dated: May 5, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-11102 Filed 5-7-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Army Record of Decision for the Modernization and Repair of Piers 2 and 3, Military Ocean Terminal Concord, CA AGENCY:

    Department of the Army, DOD.

    ACTION:

    Notice of availability.

    SUMMARY:

    The U.S. Army (Army) has prepared a Record of Decision (ROD) for the Modernization and Repair of Piers 2 and 3 at Military Ocean Terminal Concord, California (MOTCO) to document the Army's selection of Alternative 1 of the Final Environmental Impact Statement (EIS) for the action. Alternative 1 was selected because it meets the purpose and need of the proposed action, and balances environmental impacts with operational flexibility by providing MOTCO with safe, functional, and efficient facilities. Alternative 1 will fully implement repairs to Pier 3 and will re-orient and modernize Pier 2 to provide more efficient access for the types of vessels that use the pier. Implementation of Alternative 1 will include extensive demolition of existing Pier 2 and reconstruction of structural elements, replacement of pier-side infrastructure and supporting facilities at Pier 2, upgrades to shore-side roads and electrical infrastructure in the immediate vicinity of Piers 2 and 3, repair piles at Pier 3, and maintenance dredging waterward of Pier 2. The ROD adopts mitigation and management measures.

    ADDRESSES:

    The ROD can be obtained electronically at http://www.sddc.army.mil/MOTCO/default.aspx. Written requests to obtain a copy of the ROD should be addressed to Mr. Malcolm Charles, Director of Public Works, Attention: SDAT-CCA-MI (Charles), 410 Norman Avenue, Concord, CA 94520; or emailed to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Ms. Sarah Garner, Public Affairs Office, Surface Deployment and Distribution Command; telephone: (618) 220-6284; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Army assessed the potential environmental and socioeconomic impacts associated with those actions necessary to modernize and repair Pier 2 and repair Pier 3 so the Army can maintain its ability to meet Department of Defense (DOD) mission requirements. The selected alternative implements repairs to Pier 3 and re-orients Pier 2 to provide more efficient access for the types of vessels that use the pier. The ROD incorporates the analysis contained in the Final EIS, including comments provided during the public review periods.

    Potential impacts were evaluated for noise; air quality; geology, topography, and soils; water resources; biological resources; land use and coastal zone management; transportation; infrastructure; visual resources; recreational resources; socioeconomics; environmental justice and protection of children; cultural resources; and hazardous materials, hazardous waste, toxic substances, and contaminated sites. Based on the analysis described in the Final EIS, all impacts are anticipated to be less than significant.

    The Army concluded that the proposed action is consistent, to the maximum extent practicable, with the enforceable policies of the San Francisco Bay Conservation and Development Commission's (BCDC's) Coastal Management Program. BCDC issued conditional concurrences to the Army's Coastal Zone Management Act Consistency Determinations for Piers 3 and 2 on January 21, 2015 and April 9, 2015, respectively. The Army will adhere to the conditions detailed in the respective amended Consistency Determinations.

    The ROD adopts mitigation and management measures. The measures include (1) commitments for cultural and biological resources resulting from agency consultations and (2) existing best management practices and standard operating procedures that the Army will continue with implementation of the Alternative 1. Commitments include general and specific measures for the protection of cultural resources and the protection of federally listed species and their habitat. The best management practices and standard operating procedures address erosion control, stormwater management, energy reduction, water efficiency/conservation, hazardous materials management, spill prevention and response, munitions and explosives of concern, natural resources management, transportation, noise, cultural resources, seismic design, and air quality.

    Brenda S. Bowen, Army Federal Register Liaison Officer.
    [FR Doc. 2015-10588 Filed 5-7-15; 8:45 am] BILLING CODE 3710-08-P
    DEPARTMENT OF DEFENSE Office of the Secretary Judicial Proceedings Since Fiscal Year 2012 Amendments Panel (Judicial Proceedings Panel); Notice of Federal Advisory Committee Meeting AGENCY:

    Department of Defense.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Department of Defense is publishing this notice to announce the following Federal Advisory Committee meeting of the Judicial Proceedings since Fiscal Year 2012 Amendments Panel (“the Judicial Proceedings Panel” or “the Panel”). The meeting is open to the public.

    DATES:

    A meeting of the Judicial Proceedings Panel will be held on Tuesday, May 19, 2015. The Public Session will begin at 8:30 a.m. and end at 5:00 p.m.

    ADDRESSES:

    U.S. District Court for the District of Columbia, 333 Constitution Avenue NW., Courtroom #20, 6th Floor, Washington, DC 20001.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Julie Carson, Judicial Proceedings Panel, One Liberty Center, 875 N. Randolph Street, Suite 150, Arlington, VA 22203. Email: [email protected] Phone: (703) 693-3849. Web site: http://jpp.whs.mil.

    SUPPLEMENTARY INFORMATION:

    Due to circumstances beyond the control of the Designated Federal Officer and the Department of Defense, the Judicial Proceedings since Fiscal Year 2012 Amendments Panel (“the Judicial Proceedings Panel”) was unable to provide public notification of its meeting of May 19, 2015, as required by 41 CFR 102-3.150(a). Accordingly, the Advisory Committee Management Officer for the Department of Defense, pursuant to 41 CFR 102-3.150(b), waives the 15-calendar day notification requirement.

    This public 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.

    Purpose of the Meeting: In section 576(a)(2) of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239), as amended, Congress tasked the Judicial Proceedings Panel to conduct an independent review and assessment of judicial proceedings conducted under the Uniform Code of Military Justice involving adult sexual assault and related offenses since the amendments made to the Uniform Code of Military Justice by section 541 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112-81; 125 Stat. 1404), for the purpose of developing recommendations for improvements to such proceedings. At this meeting, the Panel will consider the issues of social and professional retaliation against individuals who report incidents of sexual assault within the military, in order to develop recommendations for improving the military's prevention and response to retaliation. The Panel is interested in written and oral comments from the public, including non-governmental organizations, relevant to these issues or any of the Panel's tasks.

    Agenda • 8:00 a.m.-8:30 a.m. Administrative Session (41 CFR 102-3.160, not subject to notice & open meeting requirements) • 8:30 a.m.-9:45 a.m. Human Rights Watch Report and Recommendations (public meeting begins) —Speakers: Human Rights Watch Senior Counsel and survivors • 9:45 a.m.-10:30 a.m. Ms. Susan Burke & Client Perspectives on Retaliation and Social Ostracism Speakers: Ms. Susan Burke and survivor clients • 10:30 a.m.-10:40 a.m. Break • 10:40 a.m.-12:15 p.m. Victim Perspectives on Retaliation and Social Ostracism: Military Survivor Experiences Speakers: Survivors of Military Sexual Assault • 12:15 p.m.-1:00 p.m. Lunch • 1:00 p.m.-2:00 p.m. Fear of Retaliation & Impact on Reporting: SARC and VA Perspectives Speakers: Sexual Assault Response Coordinators and Victim Advocates from the Military Services • 2:00 p.m.-3:00 p.m. Preventing and Responding to Retaliation and Social Ostracism Speakers: Senior Noncommissioned Officers from the Military Services • 3:00 p.m.-3:10 p.m. Break • 3:10 p.m.-4:45 p.m. Roles and Responsibilities Regarding Retaliation: Perspectives from Installation Level Commanders Speakers: Installation-Level Commanders • 4:45 p.m.-5:00 p.m. Public Comment

    Availability of Materials for the Meeting: A copy of the May 19, 2015 meeting agenda or any updates to the agenda, to include individual speakers not identified at the time of this notice, as well as other materials presented related to the meeting, may be obtained at the meeting or from the Panel's Web site at http://jpp.whs.mil.

    Public's Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b and 41 CFR 102-3.140 through 102-3.165, and the availability of space, this meeting is open to the public. Seating is limited and is on a first-come basis.

    Special Accommodations: Individuals requiring special accommodations to access the public meeting should contact Ms. Julie Carson at [email protected] at least five (5) business days prior to the meeting so that appropriate arrangements can be made.

    Procedures for Providing Public Comments: 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 Panel about its mission and topics pertaining to this public session. Written comments must be received by Ms. Julie Carson at least five (5) business days prior to the meeting date so that they may be made available to the Judicial Proceedings Panel for their consideration prior to the meeting. Written comments should be submitted via email to Ms. Carson at [email protected] in the following formats: Adobe Acrobat or Microsoft Word. Please note that since the Judicial Proceedings Panel operates under the provisions of the Federal Advisory Committee Act, as amended, all written comments will be treated as public documents and will be made available for public inspection. If members of the public are interested in making an oral statement, a written statement must be submitted along with a request to provide an oral statement. Oral presentations by members of the public will be permitted between 4:45 p.m. and 5:00 p.m. on May 19, 2015 in front of the Panel. The number of oral presentations to be made will depend on the number of requests received from members of the public on a first-come basis. After reviewing the requests for oral presentation, the Chairperson and the Designated Federal Officer will, having determined the statement to be relevant to the Panel's mission, allot five minutes to persons desiring to make an oral presentation.

    Committee's Designated Federal Officer: The Panel's Designated Federal Officer is Ms. Maria Fried, Judicial Proceedings Panel, 1600 Defense Pentagon, Room 3B747, Washington, DC 20301-1600.

    Dated: May 5, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-11205 Filed 5-7-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DoD-2015-OS-0041] Privacy Act of 1974; System of Records AGENCY:

    Office of the Secretary of Defense, DoD.

    ACTION:

    Notice to delete a system of records.

    SUMMARY:

    The Office of the Secretary of Defense is deleting a system of records notice from its existing inventory of record systems subject to the Privacy Act of 1974, as amended. The system of records notice is WUSU 12, USUHS Vehicle Administration Records (February 22, 1993, 58 FR 10920).

    DATES:

    Comments will be accepted on or before June 8, 2015. This proposed action will be effective on the day following the end of the comment period unless comments are received which result in a contrary determination.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

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

    * Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate of Oversight and Compliance, Regulatory and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-9010.

    Instructions: All submissions received must include the agency name and docket number for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

    FOR FURTHER INFORMATION CONTACT:

    Mrs. Cindy Allard at (571) 372-0461.

    SUPPLEMENTARY INFORMATION:

    The Office of the Secretary of Defense systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the Federal Register and are available from the address in FOR FURTHER INFORMATION CONTACT or at the Defense Privacy and Civil Liberties Division Web site at http://dpcld.defense.gov/. The Office of the Secretary of Defense proposes to delete one system of records notice from its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The proposed deletion is not within the purview of subsection (r) of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report.

    Dated: May 5, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. Deletion WUSU 12

    USUHS Vehicle Administration Records (February 22, 1993, 58 FR 10920).

    Reason: Based on a recent review of WUSU 12, USUHS Vehicle Administration Records, it has been determined that this function is now performed by the Department of the Navy. This system of records is covered by system of records notices NM05512-1, Vehicle Parking Permit and License Control System (October 1, 2008, 73 FR 57086) and NM05512-2, Badge and Access Control System Records (April 9, 2014, 79 FR 19593); therefore, this notice can now be deleted.

    [FR Doc. 2015-11100 Filed 5-7-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary National Commission on the Future of the Army; Notice of Federal Advisory Committee Meeting AGENCY:

    Deputy Chief Management Officer, Department of Defense (DoD).

    ACTION:

    Notice of Federal Advisory Committee Meeting.

    SUMMARY:

    The DoD is publishing this notice to announce the meeting of the National Commission on the Future of the Army (“the Commission”). The meeting will be partially closed to the public.

    DATES:

    Date of the Closed Meeting, including Hearing: Tuesday, May 19, 2015, from 7:30 a.m. to 5:30 p.m.

    Date of the Open Meeting, including Hearing and Commission Discussion: Wednesday, May 20, 2015, from 8:30 a.m. to 5:00 p.m.

    ADDRESSES:

    Address of Closed Meeting, May 19: Room 3D684, Pentagon, Washington, DC 20310. Address of Open Meeting, May 20: 12th Floor, Room 12158, James Polk Building, 2521 S. Clark St., Arlington, VA 22202.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Don Tison, Designated Federal Officer, National Commission on the Future of the Army, 700 Army Pentagon, Room 3E406, Washington, DC 20310-0700, Email: [email protected]. Desk: (703) 692-9099. Facsimile: (703) 697-8242.

    SUPPLEMENTARY INFORMATION:

    Due to circumstances beyond the control of the Designated Federal Officer and the Department of Defense, the National Commission on the Future of the Army was unable to provide public notification of its meeting of May 19-20, 2015, as required by 41 CFR 102-3.150(a). Accordingly, the Advisory Committee Management Officer for the Department of Defense, pursuant to 41 CFR 102-3.150(b), waives the 15-calendar day notification requirement. This meeting will be held under the provisions of the Federal Advisory Committee Act (FACA) 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 Meetings: During the closed meeting on Tuesday, May 19, 2015, the Commission will hear testimony from individual witnesses and engage in discussion on the operational environment, defense guidance, force requirements, and operational readiness. During the open meeting on Wednesday, May 20, 2015, the Commission will hear testimony from individual witnesses and immediately afterwards discuss the testimony provided; identify requests for information; and other topics raised from the two meetings.

    Agendas: May 19, 2015—Closed Hearing: DoD military leaders will speak at the closed hearing on May 19, 2015 and have been asked to address the analytical basis, assumptions and debates that affected the Army's force structure for FY2016, future operational environments and threats for the land forces (Classified), Force Requirements from the Defense Planning Guidance (Classified), Global Employment of the Force (Classified), Global Force Integration Matrix (Classified), Combatant Command Integrated Priorities (Classified), and national security matters pertaining to the Regular Army, the Army National Guard, and the Army Reserve impacting the capabilities and force structure of the total Army. DoD speakers will also provide information on the roles, missions and capabilities of the various DoD components and how they contribute to the national defense strategy, the integration of force requirements, and DoD's strategies and capabilities to address conflicts and threats. Speakers include, but are not limited to, the Secretary and Chief of Staff of the Army; the Chief of the National Guard Bureau; Director, Army National Guard; the Chief of the Army Reserve; and representatives from the Joint Chiefs of Staff, Office of the Secretary of Defense/Policy, and the Defense Intelligence Agency. All presentations and resulting discussion are classified.

    May 20, 2015—Public Hearing: Congressional representatives, DoD leaders, and professional military associations are invited to speak at the public hearing on May 20, 2015 and are asked to address matters pertaining to the Army, Army National Guard, and Army Reserve, such as their common and unique interests, roles, history, organizational structure, and operational factors influencing decision-making, as well as the transfer of certain aircraft between the Army components. These witnesses are also asked to address the criteria the Commission must consider pursuant to section 1703 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291)—(a) meet current and anticipated requirements of the combatant commands; (b) achieve cost-efficiency between the regular and reserve components of the Army, manages military risk, takes advantage of the strengths and capabilities of each, and considers fully burdened lifecycle costs; (c) ensure that the regular and reserve components of the Army have the capacity needed to support current and anticipated homeland defense and disaster assistance missions in the United States; (d) provide for sufficient numbers of regular members of the Army to provide a base of trained personnel from which the personnel of the reserve components of the Army could be recruited; (e) maintain a peacetime rotation force to avoid exceeding operational tempo goals of 1:2 for active members of the Army and 1:5 for members of the reserve components of the Army; and (f) manage strategic and operational risk by making tradeoffs among readiness, efficiency, effectiveness, capability, and affordability. The Commission Chairman will provide an update on Commission activities, and individual Commissioners will, if applicable, report their activities, information collection, and analyses to the full Commission.

    Meeting Accessibility: In accordance with applicable law, 5 U.S.C. 552b(c), and 41 CFR 102-3.155, the DoD has determined that the meeting scheduled for May 19, 2015 will be closed to the public. Specifically, the Assistant Deputy Chief Management Officer, with the coordination of the DoD FACA Attorney, has determined in writing that this portion of the meeting will be closed to the public because it will discuss matters covered by 5 U.S.C. 552b(c)(1). Pursuant to 41 CFR 102-3.140 through 102-3.165 and the availability of space, the meeting scheduled for May 20, 2015 at the James Polk building is open to the public. Seating is limited and pre-registration is strongly encouraged. Media representatives are also encouraged to register. Members of the media must comply with the rules of photography and video filming in the James Polk Building. The closest public parking facility is located in the basement and along the streets. Visitors will be required to present one form of photograph identification. Visitors to the James Polk Office Building will be screened by a magnetometer, and all items that are permitted inside the building will be screened by an x-ray device. Visitors should keep their belongings with them at all times. The following items are strictly prohibited in the James Polk Office Building: any pointed object, e.g., knitting needles and letter openers (pens and pencils are permitted.); any bag larger than 18″ wide x 14″ high x 8.5″ deep; electric stun guns, martial arts weapons or devices; guns, replica guns, ammunition and fireworks; knives of any size; mace and pepper spray; razors and box cutters.

    Written Comments: Pursuant to section 10(a)(3) of the FACA and 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written comments to the Commission in response to the stated agenda of the open and/or closed meeting or the Commission's mission. The Designated Federal Officer (DFO) will review all submitted written statements. Written comments should be submitted to Mr. Donald Tison, DFO, via facsimile or electronic mail, the preferred modes of submission. Each page of the comment should include the author's name, title or affiliation, address, and daytime phone number. All comments received before Wednesday, May 13, 2015, will be provided to the Commission before the May 20, 2015 meeting. Comments received after Wednesday, May 13, 2015, will be provided to the Commission prior to its next meeting. All contact information may be found in the FOR FURTHER INFORMATION CONTACT section.

    Oral Comments: In addition to written statements, one and one half hours will be reserved for governmental entities, individuals or interest groups to address the Commission on May 20, 2015. Those interested in presenting oral comments to the Commission should summarize their oral statement in writing and submit with their registration. The Commission's staff will assign a time to the presenter of an oral comment at the meeting and each commenter will have equal time, which will not exceed five minutes. While requests to make an oral presentation to the Commission will be honored on a first come, first served basis, other opportunities for oral comments will be provided at future meetings.

    Registration: Individuals and entities who wish to attend the public hearing and meeting on Wednesday, May 20, 2015 are encouraged to register for the event with the DFO using the electronic mail and facsimile contact information found in the FOR FURTHER INFORMATION CONTACT section. The communication should include the registrant's full name, title, affiliation or employer, email address, day-time phone number. This information will assist the Commission in contacting individuals should it decide to do so at a later date. If applicable, include written comments and a request to speak during the oral comment session. (Oral comment requests must be accompanied by a summary of your presentation.) Registrations and written comments should be typed.

    Additional Information: The DoD sponsor for the Commission is the Deputy Chief Management Officer. The Commission is tasked to submit a report, containing a comprehensive study and recommendations, by February 1, 2016 to the President of the United States and the Congressional defense committees. The report will contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions it may consider appropriate in light of the results of the study. The comprehensive study of the structure of the Army will determine whether, and how, the structure should be modified to best fulfill current and anticipated mission requirements for the Army in a manner consistent with available resources.

    Dated: May 4, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-11076 Filed 5-7-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2015-ICCD-0060] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Fulbright-Hays Seminars Abroad Program Application Package AGENCY:

    Office of Postsecondary Education (OPE), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing a revision of an existing information collection.

    DATES:

    Interested persons are invited to submit comments on or before June 8, 2015.

    ADDRESSES:

    Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting Docket ID number ED-2015-ICCD-0060 or via postal mail, commercial delivery, or hand delivery. If the regulations.gov site is not available to the public for any reason, ED will temporarily accept comments at [email protected] Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted; ED will ONLY accept comments during the comment period in this mailbox when the regulations.gov site is not available. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Mailstop L-OM-2-2E319, Room 2E103, Washington, DC 20202.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Maria Chang, 202-219-7001.

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: Fulbright-Hays Seminars Abroad Program Application Package.

    OMB Control Number: 1840-0501.

    Type of Review: A revision of an existing information collection.

    Respondents/Affected Public: Individuals or Households.

    Total Estimated Number of Annual Responses: 300.

    Total Estimated Number of Annual Burden Hours: 5,400.

    Abstract: Application forms are to be used by the applicants under the Fulbright-Hays Seminars Abroad Program which provides opportunities for U.S. educators to participate in short-term study seminars abroad in the subject areas of the social sciences, social studies and the humanities. The changes suggested are minor, i.e. updating language to reflect the current seminars being offered and the electronic system being used to accept applications. A reduction in burden from the previously approved collection is anticipated as program funding cuts have decreased the numbers of applicants. In addition, the number of references that applicants are being asked to submit has been reduced from three to two.

    Dated: May 5, 2015. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2015-11095 Filed 5-7-15; 8:45 am] BILLING CODE 4000-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2015-0231; FRL-9925-80] Agency Information Collection Activities; Proposed Collection; Comment Request AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB). The ICR, entitled: “Foreign Purchaser Acknowledgement Statement of Unregistered Pesticides” and identified by EPA ICR No. 0161.13 and OMB Control No. 2070-0027, represents the renewal of an existing ICR that is scheduled to expire on January 31, 2016. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

    DATES:

    Comments must be received on or before July 7, 2015.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2015-0231, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Scott Drewes, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 347-0107; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)), EPA specifically solicits comments and information to enable it to:

    1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility.

    2. Evaluate the accuracy of the Agency's estimates 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.

    4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection.

    II. What information collection activity or ICR does this action apply to?

    Title: Foreign Purchaser Acknowledgement Statement of Unregistered Pesticides.

    ICR number: EPA ICR No. 0161.13.

    OMB control number: OMB Control No. 2070-0027.

    ICR status: This ICR is currently scheduled to expire on January 31, 2016. 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's regulations in title 40 of the Code of Federal Regulations (CFR), after appearing in the Federal Register when approved, are listed in 40 CFR part 9, are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9.

    Abstract: This information collection request is designed to enable the Environmental Protection Agency (EPA) to provide notice to foreign purchasers of unregistered pesticides exported from the United States that the pesticide product cannot be sold in the United States. Section 17(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires an exporter of any pesticide not registered under FIFRA section 3 or sold under FIFRA section 6(a)(1) to obtain a signed statement from the foreign purchaser acknowledging that the purchaser is aware that the pesticide is not registered for use in, and cannot be sold in, the United States. A copy of this statement must be transmitted to an appropriate official of the government in the importing country. This information is submitted in the form of annual or per-shipment statements to the EPA, which maintains original records and transmits copies thereof to appropriate government officials of the countries which are importing the pesticide. This information collection request also includes the burden imposed by export labeling requirements, which meet the definition of third-party disclosure. In addition to the export notification for unregistered pesticides, FIFRA requires that all pesticides include appropriate labeling. There are different requirements for registered and unregistered products. This information collection has been constant since the implementation of the 1993 pesticide export policy governing the export of pesticides, devices, and active ingredients used in producing pesticides.

    Burden statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average one to eight hours per response. Burden is defined in 5 CFR 1320.3(b).

    The ICR, which is available in the docket along with other related materials, provides a detailed explanation of the collection activities and the burden estimate that is only briefly summarized here:

    Respondents/Affected Entities: Entities potentially affected by this ICR are individuals or entities that produce and export pesticides. The North American Classification System (NAICS) code assigned to the parties responding to this information collection is 325300.

    Estimated total number of potential respondents: 50.

    Frequency of response: On occasion.

    Estimated total average number of responses for each respondent: 20-60.

    Estimated total annual burden hours: 17,993 hours.

    Estimated total annual costs: $ 1,224,655. There are no capital investment or maintenance and operational costs for this information collection.

    III. Are there changes in the estimates from the last approval?

    There is a decrease of 6,477 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This decrease reflects EPA's updating of burden estimates for this collection based upon historical information on the number of responses per year. Based upon revised estimates, the number of exported products has decreased from 900 to 611, with a corresponding decrease in the associated burden. This change is an adjustment.

    IV. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. EPA will issue another Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    Authority:

    44 U.S.C. 3501 et seq.

    Dated: May 1, 2015. James Jones, Assistant Administrator, Office of Chemical Safety and Pollution Prevention.
    [FR Doc. 2015-11212 Filed 5-7-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2015-0301; FRL-9927-18] Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA has granted emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions were granted during the period October 1, 2014 to March 31, 2015 to control unforeseen pest outbreaks.

    FOR FURTHER INFORMATION CONTACT:

    Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. General Information A. Does this action apply to me?

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2015-0301, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

    II. Background

    EPA has granted emergency exemptions to the following State and Federal agencies. The emergency exemptions may take the following form: Crisis, public health, quarantine, or specific.

    Under FIFRA section 18 (7 U.S.C. 136p), EPA can authorize the use of a pesticide when emergency conditions exist. Authorizations (commonly called emergency exemptions) are granted to State and Federal agencies and are of four types:

    1. A “specific exemption” authorizes use of a pesticide against specific pests on a limited acreage in a particular State. Most emergency exemptions are specific exemptions.

    2. “Quarantine” and “public health” exemptions are emergency exemptions issued for quarantine or public health purposes. These are rarely requested.

    3. A “crisis exemption” is initiated by a State or Federal agency (and is confirmed by EPA) when there is insufficient time to request and obtain EPA permission for use of a pesticide in an emergency.

    EPA may deny an emergency exemption: If the State or Federal agency cannot demonstrate that an emergency exists, if the use poses unacceptable risks to the environment, or if EPA cannot reach a conclusion that the proposed pesticide use is likely to result in “a reasonable certainty of no harm” to human health, including exposure of residues of the pesticide to infants and children.

    If the emergency use of the pesticide on a food or feed commodity would result in pesticide chemical residues, EPA establishes a time-limited tolerance meeting the “reasonable certainty of no harm standard” of the Federal Food, Drug, and Cosmetic Act (FFDCA).

    In this document: EPA identifies the State or Federal agency granted the exemption, the type of exemption, the pesticide authorized and the pests, the crop or use for which authorized, and the duration of the exemption.

    III. Emergency Exemptions A. U.S. States and Territories Alabama Department of Agriculture

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    Specific exemption: EPA authorized the use of sulfoxaflor on sorghum to control sugarcane aphid; February 26, 2015 to November 30, 2015.

    Arkansas State Plant Board

    Specific exemption: EPA authorized the use of fluridone in cotton to control Palmer amaranth; January 20, 2015 to August 31, 2015.

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    Specific exemption: EPA authorized the use of sulfoxaflor on sorghum to control sugarcane aphid; February 26, 2015 to October 31, 2015.

    California Department of Environmental Protection

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    Colorado Department of Agriculture

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    Florida Department of Agriculture and Consumer Services

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    Specific Exemption: EPA authorized the use of clothianidin on immature (3 to 5 years old) citrus trees to manage transmission of Huanglongbing (HLB) disease vectored by the Asian citrus psyllid; March 31, 2015 to October 31, 2015.

    Georgia Department of Agriculture

    Specific exemption: EPA authorized the use of fluridone in cotton to control Palmer amaranth; January 20, 2015 to August 31, 2015.

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    Specific exemption: EPA authorized the use of sulfoxaflor on sorghum to control sugarcane aphid; February 26, 2015 to November 30, 2015.

    Idaho Department of Agriculture

    Crisis exemption: On March 6, 2015 the Idaho Department of Agriculture declared a crisis for the use of thiabendazole on succulent pea seed to control Fusarium and Aschochyta blight.

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    Illinois Department of Agriculture

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    Iowa Department of Agriculture

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    Kansas Department of Agriculture

    Specific Exemption: EPA authorized the use of sulfoxaflor on sorghum to control sugarcane aphid; March 31, 2015 to November 30, 2015.

    Louisiana Department of Agriculture and Forestry

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    Specific exemption: EPA authorized the use of anthraquinone on rice seed to repel blackbirds; March 20, 2015 to June 1, 2015.

    Specific exemption: EPA authorized the use of sulfoxaflor on sorghum to control sugarcane aphid; March 12, 2015 to October 31, 2015.

    Maryland Department of Agriculture

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    Massachusetts Department of Agricultural Resources

    Specific Exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; March 30, 2015 to December 31, 2015.

    Michigan Department of Agriculture and Rural Development

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; March 12, 2015 to December 31, 2015.

    Minnesota Department of Agriculture

    Quarantine exemption: EPA authorized the use of potassium chloride to control zebra and quagga mussels in Christmas Lake and Lake Independence; November 26, 2014 to November 26, 2017.

    Mississippi Department of Agriculture and Commerce

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 5, 2015 to December 31, 2015.

    Specific exemption: EPA authorized the use of sulfoxaflor on sorghum to control sugarcane aphid; February 26, 2015 to October 31, 2015.

    Missouri Department of Agriculture

    Specific exemption: EPA authorized the use of fluridone in cotton to control Palmer amaranth; January 20, 2015 to August 31, 2015.

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    Specific Exemption: EPA authorized the use of sulfoxaflor on sorghum to control sugarcane aphid; March 27, 2015 to October 31, 2015.

    Nebraska Department of Agriculture

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    Nevada Department of Agriculture

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; March 20, 2015 to December 31, 2015.

    North Carolina Department of Agriculture and Consumer Services

    Specific exemption: EPA authorized the use of fluridone in cotton to control Palmer amaranth; January 20, 2015 to August 31, 2015.

    North Dakota Department of Agriculture

    Specific Exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    Ohio Department of Agriculture

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; March 12, 2015 to December 31, 2015.

    Oklahoma Department of Agriculture, Food, and Forestry

    Specific exemption: EPA authorized the use of sulfoxaflor on sorghum to control sugarcane aphid; March 27, 2015 to October 31, 2015.

    Oregon Department of Agriculture

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    Pennsylvania Department of Agriculture

    Specific exemption: EPA authorized the use of thiabendazole on mushroom to control Trichoderma green mold; March 26, 2015 to March 26, 2016.

    South Carolina Department of Pesticide Regulation

    Specific exemption: EPA authorized the use of fluridone in cotton to control Palmer amaranth; January 20, 2015 to August 31, 2015.

    Specific Exemption: EPA authorized the use of sulfoxaflor on sorghum to control sugarcane aphid; March 27, 2015 to November 30, 2015.

    Tennessee Department of Agriculture

    Specific exemption: EPA authorized the use of fluridone in cotton to control Palmer amaranth; January 20, 2015 to August 31, 2015.

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; March 20, 2015 to December 31, 2015.

    Texas Department of Agriculture

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    Specific exemption: EPA authorized the use of flutriafol on cotton to control root rot; January 23, 2015 to June 30, 2015.

    Specific exemption: EPA authorized the use of sulfoxaflor on sorghum to control sugarcane aphid; February 26, 2015 to October 31, 2015.

    Utah Department of Agriculture

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; March 12, 2015 to December 31, 2015.

    Vermont Department of Agriculture

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    Washington State Department of Agriculture

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    West Virginia Department of Agriculture

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; March 12, 2015 to December 31, 2015.

    Wisconsin Department of Agriculture, Trade and Consumer Protection

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    Wyoming Department of Agriculture

    Specific exemption: EPA authorized the use of potassium salt of hop beta acids in beehives to control varroa mite; February 4, 2015 to December 31, 2015.

    B. Federal Departments and Agencies National Aeronautics and Space Administration

    Specific exemption: EPA authorized the use of ortho-phthalaldehyde (OPA) to control aerobic/microaerophilic water bacteria in the internal active thermal control system coolant of the International Space Station; November 26, 2014 to November 26, 2015.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: May 4, 2015. Susan Lewis, Director, Registration Division, Office of Pesticide Programs.
    [FR Doc. 2015-11214 Filed 5-7-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2004-0015; FRL-9927-43-OAR] Proposed Information Collection Request; Comment Request; Part 70 State Operating Permit Program (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), “Part 70 State Operating Permit Program (Renewal)” (EPA ICR No. 1587.12, OMB Control No. 2060.0243) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.). Before doing so, the EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This ICR renewal covers state, local and tribal (state) air quality operating permitting programs under 40 CFR part 70, as authorized under Title V of the Clean Air Act (CAA or Act) for the period of November 1, 2015, through October 31, 2018. 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:

    Comments must be submitted on or before July 7, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2004-0015, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. If you need to include CBI as part of your comment, please visit http://www.epa.gov/dockets/comments.html for instructions. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make.

    For additional submission methods, the full EPA public comment policy and general guidance on making effective comments, please visit http://www.epa.gov/dockets/comments.html.

    FOR FURTHER INFORMATION CONTACT:

    Dylan C. Mataway-Novak, Air Quality Policy Division, Office of Air Quality Planning and Standards, C504-05, U.S. Environmental Protection Agency, Research Triangle Park, NC; telephone number: (919) 541-5795; fax number: (919) 541-5509; 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, William Jefferson Clinton West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about the EPA's public docket, visit http://www.epa.gov/dockets.

    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting comments and information to enable it to: (i) 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; (ii) 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; (iii) enhance the quality, utility and clarity of the information to be collected; and (iv) 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., allowing electronic submission of responses. The EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval. At that time, the EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB.

    Abstract: Title V of the CAA requires states to develop and implement a program for issuing operating permits to all sources that fall under any Act definition of “major” and certain other non-major sources that are subject to Federal air quality regulations. The Act further requires EPA to develop regulations that establish the minimum requirements for those state operating permits programs and to oversee implementation of the state programs. The EPA regulations setting forth requirements for the state operating permit program are found at 40 CFR part 70. The part 70 program is designed to be implemented primarily by state, local and tribal permitting authorities in all areas where they have jurisdiction.

    In order to receive an operating permit for a major or other source subject to the permitting program, the applicant must conduct the necessary research, perform the appropriate analyses and prepare the permit application with documentation to demonstrate that its facility meets all applicable statutory and regulatory requirements. Specific activities and requirements are listed and described in the Supporting Statement for the 40 CFR part 70 ICR.

    Under 40 CFR part 70, state, local and tribal permitting authorities review permit applications, provide for public review of proposed permits, issue permits based on consideration of all technical factors and public input and review information submittals required of sources during the term of the permit. Also, under 40 CFR part 70, the EPA reviews certain actions of the permitting authorities and provides oversight of the programs to ensure that they are being adequately implemented and enforced. Consequently, information prepared and submitted by sources is essential for sources to receive permits, and for federal, state, local and tribal permitting authorities to adequately review the permit applications and thereby properly administer and manage the program.

    Information that is collected is handled according to EPA's policies set forth in title 40, chapter 1, part 2, subpart B—Confidentiality of Business Information (see 40 CFR part 2). See also section 114(c) of the Act.

    Respondents/affected entities: Industrial plants (sources); state, local and tribal permitting authorities.

    Respondent's obligation to respond: Mandatory (see 40 CFR part 70).

    Estimated number of respondents: 15,780 sources and 116 state, local and tribal permitting authorities.

    Frequency of response: On occasion.

    Total estimated burden: 5,168,815 hours (per year). Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $326,493,677 (per year). There are no annualized capital or operation & maintenance costs.

    Changes in Estimates: There is a decrease of 144,871 hours per year for the estimated respondent burden compared with the ICR currently approved by OMB. This decrease is due to updated estimates of the number of sources and permits subject to the part 70 program, rather than any change in federal mandates.

    Dated: April 30, 2015. Stephen D. Page, Director, Office of Air Quality Planning and Standards.
    [FR Doc. 2015-11216 Filed 5-7-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-9020-8] Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General Information (202) 564-7146 or http://www.epa.gov/compliance/nepa/.

    Weekly receipt of Environmental Impact Statements Filed 04/27/2015 Through 05/01/2015 Pursuant to 40 CFR 1506.9. Notice

    Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA's comment letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

    EIS No. 20150123, Draft EIS, NPS, ID, City of Rocks National Reserve Draft General Management Plan, Comment Period Ends: 06/22/2015 Contact: Wallace Keck 208-824-5911. EIS No. 20150124, Final Supplement, FAA, UT, Cal Black Memorial Airport, Review Period Ends: 06/08/2015, Contact: Janell Barrilleaux 425-227-2611. EIS No. 20150125, Final Supplement, NNSA, DOE, Surplus Plutonium Disposition, Review Period Ends: Once a Preferred Alternative is identified, DOE will announce its preference in a Federal Register notice. DOE would publish a record of decision no sooner than 30 days after its announcement of a Preferred Alternative. Contact: Sachiko McAlhany 877-344-0513. Dated: May 5, 2015. Cliff Rader, Director, NEPA Compliance Division, Office of Federal Activities.
    [FR Doc. 2015-11201 Filed 5-7-15; 8:45 am] BILLING CODE 6560-50-P
    EXPORT-IMPORT BANK Notice of Open Meeting of the Advisory Committee of the Export-Import Bank of the United States (Ex-Im Bank) SUMMARY:

    The Advisory Committee was established by Public Law 98-181, November 30, 1983, to advise the Export-Import Bank on its programs and to provide comments for inclusion in the report on competitiveness of the Export-Import Bank of the United States to Congress.

    Time and Place: Wednesday, May 20, 2015 from 11:00 a.m.-3:00 p.m.. A break for lunch will be at the expense of the attendee. Security processing will be necessary for reentry into the building. The meeting will be held at Ex-Im Bank in the Main Conference Room—11th floor, 811 Vermont Avenue NW., Washington, DC 20571.

    Agenda: Discussion of EXIM's Annual Competitiveness Report to Congress.

    Public Participation: The meeting will be open to public participation, and 10 minutes will be set aside for oral questions or comments. Members of the public may also file written statement(s) before or after the meeting. If you plan to attend, a photo ID must be presented at the guard's desk as part of the clearance process into the building, you may contact Niki Shepperd at [email protected] to be placed on an attendee list. If any person wishes auxiliary aids (such as a sign language interpreter) or other special accommodations, please email Niki Shepperd at [email protected] prior to May 13, 2015.

    Members of the Press: For members of the Press planning to attend the meeting, a photo ID must be presented at the guard's desk as part of the clearance process into the building please email Dolline Hatchett at [email protected] to be placed on an attendee list.

    Further Information: For further information, contact Niki Shepperd, 811 Vermont Ave. NW., Washington, DC 20571, at [email protected]

    Lloyd Ellis, Program Specialist, Office of the General Counsel.
    [FR Doc. 2015-11081 Filed 5-7-15; 8:45 am] BILLING CODE 6690-01-P
    FARM CREDIT ADMINISTRATION Farm Credit Administration Board; Sunshine Act; Regular Meeting AGENCY:

    Farm Credit Administration.

    SUMMARY:

    Notice is hereby given, pursuant to the Government in the Sunshine Act, of the regular meeting of the Farm Credit Administration Board (Board).

    DATE AND TIME:

    The regular meeting of the Board will be held at the offices of the Farm Credit Administration in McLean, Virginia, on May 14, 2015, from 9:00 a.m. until such time as the Board concludes its business.

    FOR FURTHER INFORMATION CONTACT:

    Dale L. Aultman, Secretary to the Farm Credit Administration Board, (703) 883-4009, TTY (703) 883-4056.

    ADDRESSES:

    Farm Credit Administration, 1501 Farm Credit Drive, McLean, Virginia 22102-5090. Submit attendance requests via email to [email protected] See SUPPLEMENTARY INFORMATION for further information about attendance requests.

    SUPPLEMENTARY INFORMATION:

    Parts of this meeting of the Board will be open to the public (limited space available), and parts will be closed to the public. Please send an email to [email protected] at least 24 hours before the meeting. In your email include: name, postal address, entity you are representing (if applicable), and telephone number. You will receive an email confirmation from us. Please be prepared to show a photo identification when you arrive. If you need assistance for accessibility reasons, or if you have any questions, contact Dale L. Aultman, Secretary to the Farm Credit Administration Board, at (703) 883-4009. The matters to be considered at the meeting are:

    Open Session A. Approval of Minutes • April 9, 2015 B. New Business • Institution Stockholder Voting Procedures—Final Rule Closed Session * • Office of Secondary Market Oversight Quarterly Report Dated: May 5,2015. Dale L. Aultman, Secretary, Farm Credit Administration Board.

    * Session Closed-Exempt pursuant to 5 U.S.C. Section 552b(c)(8)and (9).

    [FR Doc. 2015-11285 Filed 5-6-15; 4:15 pm] BILLING CODE 6705-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-1200] Information Collection Being Reviewed by the Federal Communications Commission AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number.

    DATES:

    Written PRA comments should be submitted on or before July 7, 2015. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicole Ongele, FCC, via email [email protected] and to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Nicole Ongele at (202) 418-2991.

    OMB Control Number: 3060-1200.

    Title: Rural Broadband Experiments and Post-Selection Review of Rural Broadband Experiment Winning Bidders.

    Form Number: FCC Form 5620.

    Type of Review: Revision of a currently approved collection.

    Respondents: Business or other for-profit, and not-for-profit institutions.

    Number of Respondents: 47 respondents; 135 responses.

    Estimated Time per Response: 2 to 20 hours.

    Frequency of Response: One-time and occasional reporting requirements; annual recordkeeping requirements.

    Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. 151-154 and 254.

    Total Annual Burden: 1,834 hours.

    Total Annual Cost: No cost(s).

    Privacy Act Impact Assessment: No impact(s).

    Nature and Extent of Confidentiality: Information collected in FCC Form 5620 will be confidential. Information reported in the November interim progress report and the build-out milestone certifications will be made publicly available.

    Needs and Uses: On January 31, 2014, the Commission released the Tech Transitions et al., GN Docket No. 13-5 et al., 29 FCC Rcd 1433 (2014) (Tech Transitions Order), that adopted targeted experiments to explore the impact of technology transitions on rural Americans, including those living on Tribal lands. On July 14, 2014, the Commission released Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, FCC 14-98 (rel. July 14, 2014) (Rural Broadband Experiments Order), which established certain parameters and requirements for the rural broadband experiments adopted by the Commission in the Tech Transitions Order.

    This information collection addresses requirements to carry out the rural broadband experiments the Commission adopted in the Tech Transitions Order and the Rural Broadband Experiments Order. The Commission has received OMB approval for most of the information collections required by the orders. At a later date, the Commission plans to submit additional revisions to a separate information collection for OMB's review to address other reporting requirements adopted in the Rural Broadband Experiments Order. For this revision, subject to OMB approval, the Commission proposes to incorporate the November interim progress report, build-out milestone certifications, and recordkeeping requirements that the Commission adopted in the Rural Broadband Experiments Order. If approved, recipients of the rural broadband experiments will be required to submit a one-time report on November 1st after they begin receiving support. This report must describe the status of the recipient's experiment as of September 30th immediately preceding the report (i.e., whether vendors have been hired, permits have been obtained, and construction has begun), and include evidence demonstrating which locations if any the recipient has built out to in its project areas and evidence demonstrating that the recipient is meeting the public service obligations for the relevant experiment category, including a certification that demonstrates the service the recipient offers complies with the Commission's latency requirements. Rural broadband experiment recipients will also be required to certify that they have met the build-out milestones adopted in the Rural Broadband Experiments Order. These certifications will be due for all recipients by the end of the third year and fifth year of support. Recipients that have chosen to receive 30 percent of their support upfront will also be required to submit a build-out milestone certification within 15 months of their first disbursement. Recipients that are determined to not be in compliance with the terms and conditions of the rural broadband experiments during their support term will also be required to submit a certification to demonstrate that they have come into compliance. All of these certifications must be accompanied by the same types of evidence required for the November interim progress report. This report and certifications will enable the Commission to monitor the progress of the rural broadband experiments and ensure that the support is being used for its intended purposes. Finally, rural broadband experiment recipients will be subject to a 10-year record retention requirement and must make those documents and records available to the Commission, any of its Bureaus or Offices, the Universal Service Administrative Company, and their respective auditors to aid these entities in overseeing the recipients' compliance with the terms and conditions of rural broadband experiment support. The Commission also proposes to eliminate FCC Form 5610 that is a part of this information collection. The deadline to file FCC Form 5610 with the Commission was November 7, 2014. Because the Commission does not anticipate holding another round of bidding, no additional entities will be required to file FCC Form 5610. There are no proposed changes to the currently approved FCC Form 5620 which is also a part of this information collection. However, the Commission proposes to increase the number of respondents involved in the post-selection review because more winning bidders were provisionally selected than the Commission anticipated.

    Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary, Office of the Managing Director.
    [FR Doc. 2015-11091 Filed 5-7-15; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [ET Docket No. 15-105; DA 15-516] Office of Engineering and Technology and Wireless Telecommunications Bureau Seeks Information on Current Trends in LTE-U and LAA Technology AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice.

    SUMMARY:

    In this document, the Office of Engineering and Technology (OET) and Wireless Telecommunications Bureau (WTB) seek information on technologies and techniques they will implement to share spectrum with existing unlicensed operations and technologies such as Wi-Fi that are widely used by the public. Parties within the wireless industry are developing a version of commercial wireless LTE technology called LTE-Unlicensed (LTE-U) that is intended for operations in certain unlicensed frequency bands. LTE-U could operate in conjunction with licensed commercial wireless services using a technique called Licensed Assisted Access (LAA) whereby a channel in an operator's licensed spectrum is used as the primary channel for devices operating on an unlicensed basis.

    DATES:

    Comments must be filed on or before June 11, 2015 and reply comments must be filed on or before June 26, 2015.

    ADDRESSES:

    You may submit comments, identified by ET Docket No. 15-105, by any of the following methods:

    Federal Communications Commission's Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting comments.

    Mail: Ira Keltz, Office of Engineering and Technology, Room 7-C250, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 and Chris Helzer, Wireless Telecommunications Bureau, Room 6-6415, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554.

    People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: [email protected] or phone: 202-418-0530 or TTY: 202-418-0432.

    For detailed instructions for submitting comments and additional information on the process, see the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    Ira Keltz, Office of Engineering and Technology, (202) 418-0616, email [email protected], and Chris Helzer, (202) 418-2791, email [email protected] and TTY (202) 418-2989.

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's document, ET Docket No. 15-105, DA 15-516, released May 5, 2015. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center (Room CY-A257), 445 12th Street SW., Washington, DC 20554. The complete text of this document also may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., 445 12th Street SW., Room, CY-B402, Washington, DC 20554. The full text may also be downloaded at: www.fcc.gov.

    Pursuant to §§ 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments on or before the date indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

    Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.

    Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number.

    • Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

    • All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building.

    • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

    • U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington, DC 20554.

    People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

    Comments and reply comments will be available for public inspection during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street SW., CY-A257, Washington, DC 20554. These documents will also be available via ECFS.

    Synopsis of Public Notice

    1. Parties within the wireless industry are developing a version of commercial wireless LTE technology called LTE-Unlicensed (LTE-U) that is intended for operations in certain unlicensed frequency bands. LTE-U could operate in conjunction with licensed commercial wireless services using a technique called Licensed Assisted Access (LAA) whereby a channel in an operator's licensed spectrum is used as the primary channel for devices operating on an unlicensed basis. By this public notice, the Office of Engineering and Technology and the Wireless Telecommunications Bureau seek information on these technologies and the techniques they will implement to share spectrum with existing unlicensed operations and technologies such as Wi-Fi that are widely used by the public.

    2. A number of organizations have approached the Commission about the development of LTE-U and LAA in the context of the 3.5 GHz and 5 GHz proceedings, which would make spectrum available for general access and unlicensed use, respectively.1 Some have expressed concern that LTE-U and LAA operations may have a detrimental impact on existing and future use of unlicensed or shared spectrum. Others have asserted that LTE-U and LAA are more efficient than other currently available unlicensed technologies, that LTE-U and LAA include features to share the spectrum fairly with no detrimental impact on existing users of the spectrum, and that consumers will ultimately benefit from increased access to spectrum. We observe that the impact of LTE-U and LAA on unlicensed operations and technologies such as Wi-Fi would be quite different in each bands—the 3.5 GHz band is generally newly available spectrum while the 5 GHz bands are already heavily used by Wi-Fi and other unlicensed devices.

    1See Amendment of the Commission's Rules with Regard to Commercial Operations in the 3550-3650 MHz Band, GN Docket No. 12-354, Report and Order and Second Further Notice of Proposed Rulemaking, adopted April 17, 2015, FCC 15-47. See also Revision of Part 15 of the Commission's Rules to Permit Unlicensed National Information Infrastructure (U-NII) Devices in the 5 GHz Band, ET Docket No. 13-49, First Report and Order, released April 1, 2014, see 29 FCC Rcd 4127 (2014).

    3. The 3rd Generation Partnership Project (3GPP), which develops standards for commercial wireless technologies, is developing the LTE-U and LAA standards. The Institute of Electrical and Electronics Engineers Working Group 802.11 (IEEE 802.11) develops standards for wireless local area networks such as Wi-Fi and other unlicensed technologies. Although many parties participate in both standards bodies, the organizations have a limited historical working relationship given their different backgrounds and scopes. We are aware that some companies have formed the LTE-U Forum,2 which is considering deployment of LTE-U/LAA using a “pre-standard” version of LTE-U/LAA.

    2 The LTE-U Forum, which was formed in 2014, includes Verizon, Alcatel-Lucent, Ericsson, Qualcomm Technologies, and Samsung. The Forum is developing technical specifications for LTE-U to demonstrate coexistence with Wi-Fi devices in the 5 GHz bands.

    4. The Commission has historically adopted rules that are technologically neutral and remains committed to this policy. With this principle in mind, we are opening this docket to provide an opportunity for interested parties to enable a fully participatory and transparent discussion about LTE-U and LAA technologies and how they will coexist with other technologies, including Wi-Fi. We specifically seek information on the following topics:

    • What different variations of LTE in unlicensed spectrum (e.g., LTE-U, LAA) are under active development or on a roadmap for future development? How do they relate to one another in terms of technology, potential use, and timing of availability?

    • What is the current state of development of the LTE-U and LAA standards and what is the anticipated schedule for completion of the LTE-U and LAA standards?

    • What is the status of coordination between 3GPP and the IEEE 802.11 on LTE-U and LAA, and what is the process for coming to agreement on appropriate sharing characteristics to ensure co-existence with the IEEE 802.11 family of standards?

    • What are the anticipated technical characteristics (e.g. bandwidth(s), listen-before-talk, transmission durations, etc.) of LTE-U and LAA?

    • What tests or analyses have been performed to understand the impact of LTE-U and LAA on the existing commercial wireless and unlicensed ecosystems?

    • Precisely how will LAA integrate licensed and unlicensed carriers, particularly with regard to controlling access to spectrum?

    • To what extent is a standalone form of LTE-U being developed, that is, a form that can operate without a licensed primary channel?

    • Are existing devices capable of software upgrades to implement LTE-U and LAA?

    • What frequency bands are envisioned for deployment of LTE-U and LAA?

    • What plans do carriers and manufacturers have for pre-standard deployment of LTE-U and LAA equipment including possible upgrades to 3GPP-based LTE-U or LAA and how would the above questions (particularly with respect to coexistence issues) be addressed relative to pre-standard versions of LTE-U and LAA?

    5. In addition to information in response to these questions, we encourage parties to submit whatever additional information they feel is relevant to this matter.

    6. This public notice is being issued pursuant to §§ 0.31 and 0.131 of the Commission's rules by the Office of Engineering and Technology and the Wireless Telecommunications Bureau.3

    3 47 CFR 0.31, 0.131.

    7. For further information contact Ira Keltz in the Office of Engineering and Technology, [email protected], 202-418-0616 or Chris Helzer, in the Wireless Telecommunications Bureau, [email protected], 202-418-2791.

    8. For more news and information about the Federal Communications Commission, please visit: www.fcc.gov.

    Federal Communications Commission. Julius P. Knapp, Chief, Office of Engineering and Technology.
    [FR Doc. 2015-11211 Filed 5-7-15; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0174. 3060-0580, 3060-1154 and 3060-1174] Information Collections Being Submitted for Review and Approval to the Office of Management and Budget AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    The FCC may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written comments should be submitted on or before June 8, 2015. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicholas A. Fraser, OMB, via email [email protected]; and to Cathy Williams, FCC, via email [email protected] and to [email protected] Include in the comments the OMB control number as shown in the “Supplementary Information” section below.

    FOR FURTHER INFORMATION CONTACT:

    For additional information or copies of the information collection, contact Cathy Williams at (202) 418-2918. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the Web page <http://www.reginfo.gov/public/do/PRAMain>, (2) look for the section of the Web page called “Currently Under Review,” (3) click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading, (4) select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box, (5) click the “Submit” button to the right of the “Select Agency” box, (6) when the list of FCC ICRs currently under review appears, look for the OMB control number of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed.

    SUPPLEMENTARY INFORMATION:

    OMB Control Number: 3060-0174.

    Title: Sections 73.1212, 76.1615 and 76.1715, Sponsorship Identification.

    Form Number: N/A.

    Type of Review: Extension of a currently approved collection.

    Respondents/Affected Parties: Business or other for profit entities; Individuals or households.

    Number of Respondents and Responses: 22,900 respondents and 1,877,000 responses.

    Estimated Time per Response: .0011 to .2011 hours.

    Frequency of Response: Recordkeeping requirement; Third party disclosure requirement; On occasion reporting requirement.

    Total Annual Burden: 249,043 hours.

    Total Annual Cost: $34,623.

    Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in sections 4(i), 317 and 507 of the Communications Act of 1934, as amended.

    Nature and Extent of Confidentiality: The FCC is preparing a system of records, FCC/MB-2, “Broadcast Station Public Inspection Files,” to cover the personally identifiable information (PII) that may be included in the broadcast station public inspection files. Respondents may request materials or information submitted to the Commission be withheld from public inspection under 47 CFR 0.459 of the Commission's rules.

    Privacy Impact Assessment(s): The FCC is preparing a PIA.

    Needs and Uses: The information collection requirements that are approved under this collection are as follows:

    47 CFR 73.1212 requires a broadcast station to identify at the time of broadcast the sponsor of any matter for which consideration is provided. For advertising commercial products or services, generally the mention of the name of the product or service constitutes sponsorship identification. In the case of television political advertisements concerning candidates for public office, the sponsor shall be identified with letters equal to or greater than four (4) percent of the vertical height of the television screen that airs for no less than four (4) seconds. In addition, when an entity rather than an individual sponsors the broadcast of matter that is of a political or controversial nature, licensee is required to retain a list of the executive officers, or board of directors, or executive committee, etc., of the organization paying for such matter. Sponsorship announcements are waived with respect to the broadcast of “want ads” sponsored by an individual but the licensee shall maintain a list showing the name, address and telephone number of each such advertiser. These lists shall be made available for public inspection.

    47 CFR 73.1212(e) states that, when an entity rather than an individual sponsors the broadcast of matter that is of a political or controversial nature, the licensee is required to retain a list of the executive officers, or board of directors, or executive committee, etc., of the organization paying for such matter in its public file. Pursuant to the changes contained in 47 CFR 73.1212(e) and 47 CFR 73.3526(e)(19), this list, which could contain personally identifiable information, would be located in a public inspection file to be located on the Commission's Web site instead of being maintained in the public file at the station. Burden estimates for this change are included in OMB Control Number 3060-0214.

    47 CFR 76.1615 states that, when a cable operator engaged in origination cablecasting presents any matter for which money, service or other valuable consideration is provided to such cable television system operator, the cable television system operator, at the time of the telecast, shall identify the sponsor. Under this rule section, when advertising commercial products or services, an announcement stating the sponsor's corporate or trade name, or the name of the sponsor's product is sufficient when it is clear that the mention of the name of the product constitutes a sponsorship identification. In the case of television political advertisements concerning candidates for public office, the sponsor shall be identified with letters equal to or greater than four (4) percent of the vertical height of the television screen that airs for no less than four (4) seconds.

    47 CFR 76.1715 state that, with respect to sponsorship announcements that are waived when the broadcast/origination