Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2013-11-13.xml --- 78 219 Wednesday, November 13, 2013 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order, 68298-68319 2013-27108 Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order; Referendum Procedures, 67979-67983 2013-27107 Increased Assessment Rates: Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida, 67977-67979 2013-27018 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Rural Business-Cooperative Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2013-27127 68018-68019 2013-27129 Performance Review Board Appointments, 68019-68020 2013-27124 Animal Animal and Plant Health Inspection Service NOTICES Evaluation of Established Plant Pests for Action at Ports of Entry, 68020-68021 2013-27132 Treatment Schedule Additions: Methyl Bromide Fumigation of Blueberries, 68021-68022 2013-27134 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Oil and Gas Well Completion Operations, 68079-68082 2013-27074 Oil and Gas Well-Workover Operations, 68082-68085 2013-27073 Census Bureau Census Bureau RULES Foreign Trade Regulations: Mandatory Automated Export System Filing for all Shipments Requiring Shippers Export Declaration Information, 67927-67928 2013-27122 NOTICES Annual Surveys in the Manufacturing Area, 68023 2013-27177 Annual Wholesale Trade Survey, 68023-68024 2013-27160 Meetings:

Federal Economic Statistics Advisory Committee, 68024-68025 2013-27152 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 68074-68075 2013-27083 Coast Guard Coast Guard RULES Drawbridge Operations: Atlantic Intracoastal Waterway, Albemarle and Chesapeake Canal, Chesapeake, VA, 67938 2013-27068 PROPOSED RULES Drawbridge Operations: Gulf Intracoastal Waterway, Treasure Island, FL, 67999-68002 2013-27066 Safety Zones:

Fireworks Display, Baltimore Harbor, Baltimore, MD, 68002-68005 2013-27067 NOTICES Meetings: Navigation Safety Advisory Council, 68077-68079 2013-27014 Commerce Commerce Department See Census Bureau See Economic Development Administration See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration See Patent and Trademark Office Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Membership in a Registered Futures Association, 67985 C1--2013--26790 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 68150 2013-27128 Copyright Royalty Board Copyright Royalty Board RULES Adjustment of Determination of Compulsory License Rates for Mechanical and Digital Phonorecords, 67938-67951 2013-25454 Defense Department Defense Department NOTICES Privacy Act; Systems of Records, 68039-68040 2013-27065 Economic Development Economic Development Administration NOTICES Performance Review Board Membership, 68025 2013-27080 Petitions: Eligibility to Apply for Trade Adjustment Assistance, 68025-68026 2013-27099 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Direct Stafford/Ford Loan and Federal Direct Subsidized/Unsubsidized Stafford/Ford Loan Master Promissory Note, 68040 C1--2013--26710 Employee Benefits Employee Benefits Security Administration RULES Final Rules under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act: Technical Amendment to External Review for Multi-State Plan Program, 68240-68296 2013-27086 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission RULES Transfer of Real Property at Defense Nuclear Facilities for Economic Development, 67925-67927 2013-27117 NOTICES Meetings:

President's Council of Advisors on Science and Technology, 68040-68041 2013-27106 Memorandums of Understanding: Department of Energy and Fish and Wildlife Service; Implementation of Executive Order 13186; Responsibilities of Federal Agencies to Protect Migratory Birds, 68041-68042 2013-27120 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Waivers: Indesit Co.; Residential Clothes Dryer Test Procedure, 68042-68044 2013-27114 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Mississippi; Transportation Conformity SIP; Memorandum of Agreement, 67952-67956 2013-27019 Greenhouse Gas Reporting Program: Final Amendments and Confidentiality Determinations for Electronics Manufacturing, 68162-68238 2013-23804 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Mississippi; Transportation Conformity SIP; Memorandum of Agreement, 68005 2013-27020 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 68053-68054 2013-27054 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Design for the Environment Logo Redesign Consultations, 68056 2013-27058 NESHAP for Aerospace Manufacturing and Rework Facilities, 68054-68055 2013-27056 NESHAP for Area Sources; Acrylic and Modacrylic Fibers Production, Carbon Black Production, Chemical Manufacturing, etc., 68055-68056 2013-27055 NSPS for Stationary Gas Turbines, 68056-68057 2013-27057 Meetings:

Chartered Science Advisory Board, 68057-68058 2013-27141 Next Generation Risk Assessment: Incorporation of Recent Advances in Molecular, Computational, and Systems Biology; External Review Draft, 68058-68060 2013-27153 Performance Evaluation Reports, Region 4 and Local Agencies, FY 12, 68060 2013-27151 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration PROPOSED RULES Proposed Legal Interpretation, 67983-67984 2013-26919 NOTICES Petition for Exemption;

Summaries, 68135 2013-27032 Federal Communications Federal Communications Commission RULES Rates for Interstate Inmate Calling Services, 67956-67976 2013-26378 PROPOSED RULES Rates for Interstate Inmate Calling Services, 68005-68015 2013-26377 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 68060-68061 2013-27096 Wireline Competition Bureau Seeks Comment on the Lifeline Biennial Audit Plan, 68061-68073 2013-27184 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 68073 2013-27198 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Erie Boulevard Hydropower, LP, 68044-68045 2013-27045 Morrisville, VT, 68045-68047 2013-27047 Combined Filings, 2013-27061 68047-68052 2013-27062 2013-27063 2013-27064 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: Covanta Haverhill Association, LP, 68052 2013-27044 Petitions for Enforcement: Gregory Swecker and Beverly Swecker, 68052 2013-27046 Qualifying Conduit Hydropower Facilities:

Telluride, CO, 68052-68053 2013-27043 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Los Angeles County, CA, 68135-68136 2013-26948 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Practices of Household Goods Brokers, 68136-68137 2013-27115 Qualification of Drivers; Exemption Applications: Diabetes Mellitus, 68139-68144 2013-27116 Epilepsy and Seizure Disorders, 68144-68146 2013-27109 Vision, 68137-68139 2013-27113 Federal Railroad Federal Railroad Administration NOTICES Applications:

Railroad Signal Systems; Discontinuances or Modifications, 2013-27111 68146-68147 2013-27112 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 68073 2013-27104 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 68073 2013-27260 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Fish and Wildlife Permit Applications and Reports;

Migratory Birds and Eagles, 68086-68088 2013-27148 National Wildlife Refuge Special Use Permit Applications and Reports, 68085-68086 2013-27149 Comprehensive Conservation Plans and Environmental Assessments; Availability, etc.: Dungeness National Wildlife Refuge, Clallam County, WA, 68088-68089 2013-26798 Endangered and Threatened Wildlife and Plants: Recovery Permit Applications, 68089 2013-27090 Food and Drug Food and Drug Administration PROPOSED RULES Supplemental Applications Proposing Labeling Changes for Approved Drugs and Biological Products, 67985-67999 2013-26799 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activities:

Almod Diamonds, Ltd., Foreign-Trade Zone 32, Miami, FL, 68026 2013-27179 Proposed Production Activities: Noramco, Inc., Foreign-Trade Zone 99, Wilmington, DE, 68026-68027 2013-27175 Revlon Consumer Products Corp., Subzone 93G, Oxford, NC, 68027 2013-27167 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health RULES Final Rules under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act:

Technical Amendment to External Review for Multi-State Plan Program, 68240-68296 2013-27086 NOTICES Modifications of Healthy People 2020 Objectives; Solicitation of Written Comments, 68073-68074 2013-27126 Homeland Homeland Security Department See Coast Guard Indian Affairs Indian Affairs Bureau RULES Land Acquisitions: Appeals of Decisions, 67928-67938 2013-26844 Industry Industry and Security Bureau NOTICES Performance Review Board Membership, 68027-68028 2013-27081 Request for Information:

National Defense Stockpile Market Impact Committee; Potential Market Impact of Proposed Fiscal Year 2015 Annual Materials Plan, 68028-68029 2013-27154 Institute of Museum and Library Services NOTICES Meetings; Sunshine Act, 68100 2013-27036 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Final Rules under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act:

Technical Amendment to External Review for Multi-State Plan Program, 68240-68296 2013-27086 NOTICES Quarterly Publication of Individuals Who Have Chosen to Expatriate, 68151-68158 2013-27072 International Trade Adm International Trade Administration NOTICES Performance Review Board; Changes to Membership, 68029 2013-27078 Trade Missions: Healthcare Education Mission to New Delhi, Hyderabad, and Ahmedabad, India; Amendment, 68030 2013-27076 International Trade Com International Trade Commission NOTICES Determinations:

Steel Concrete Reinforcing Bar from Mexico and Turkey, 68090-68091 2013-27069 Investigations; Terminations, Modifications, Rulings, etc.: Marine Sonar Imaging Devices, Products Containing the Same, and Components Thereof, 68091-68092 2013-27070 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification of Identity, 68092 2013-27118 Consent Decrees under CERCLA, 68092-68093 2013-27050 2013-27158 Consent Decrees under the Resource Conservation and Recovery Act and Clean Water Act, 68093-68094 2013-27035 Labor Department Labor Department See Employee Benefits Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: American Recovery and Reinvestment Act High Growth and Emerging Industries and other Grants, Performance Data, 68095-68096 2013-27138 American Time Use Survey, 68094-68095 2013-27060 American Time Use Survey; Eating and Health Supplement, 68096 2013-27059 Quick Turnaround Surveys on Workforce Investment Act Implementation, 68096-68097 2013-27139 Library Library of Congress See Copyright Royalty Board Maritime Maritime Administration NOTICES Administrative Waivers of Coastwise Trade Laws:

Vessel IMPROMPTU, 68148 2013-27146 Vessel KARIBELLA, 68147-68148 2013-27161 Vessel SEA HUNT, 68148-68149 2013-27150 Vessel VALIANT, 68149 2013-27143 Military Compensation Military Compensation and Retirement Modernization Commission NOTICES Meetings: Military Compensation and Retirement Modernization Commission, 68097-68098 2013-27137 National Archives National Archives and Records Administration NOTICES Records Schedules, 68098-68099 2013-27075 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services NOTICES Meetings:

Arts Advisory Panel, 68099-68100 2013-27085 National Institute National Institute of Standards and Technology NOTICES Draft Guidance for Industry and Staff: Discipline-Specific Guidance Groups for Forensic Science, 68030 2013-27156 Intellectual Property Rights for the National Network for Manufacturing Innovation, etc., 68030-68032 2013-27157 National Institute National Institutes of Health NOTICES Meetings: National Institute of Mental Health, 68075-68076 2013-27094 Requests for Information:

Alternative Skin Sensitization Test Methods and Testing Strategies, etc., 68076-68077 2013-27095 National Oceanic National Oceanic and Atmospheric Administration NOTICES Endangered and Threatened Wildlife: 12-Month Finding on a Petition to List the Sperm Whale (Physeter macrocephalus) as an Endangered or Threatened Distinct Population Segment in the Gulf of Mexico, 68032-68037 2013-27180 Meetings: Science Advisory Board, 68037 2013-27178 National Park National Park Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Visibility Valuation Survey, 68089-68090 2013-27092 National Telecommunications National Telecommunications and Information Administration NOTICES Performance Review Board Membership, 68037 2013-27077 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 68100 2013-27252 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Combined License Applications: Luminant Generation Co., LLC, 68100-68101 2013-27133 Draft Guidance for Industry and Staff:

Environmental Issues Associated with New Reactors, etc., 68101-68102 2013-27135 Meetings: Atomic Safety and Licensing Board Hearing on Nuclear Innovation North America, LLC, 68102-68103 2013-27145 Meetings; Sunshine Act, 68103 2013-27279 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 68103 2013-27280 Patent Patent and Trademark Office NOTICES Meetings: Renewal of a Continuing Information Collection, 68037-68039 2013-27101 Postal Regulatory Postal Regulatory Commission RULES Price Cap Rules for Certain Postal Rate Adjustments;

Correction, 67951-67952 2013-27159 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Iran; Continuation of National Emergency (Notice of November 12, 2013), 68321-68323 2013-27376 Rural Business Rural Business-Cooperative Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 68022-68023 2013-27097 Securities Securities and Exchange Commission NOTICES Applications: Transamerica Life Insurance Co., et al., 68103-68107 2013-27039 Orders:

Exemption of Broker-Dealers Participating in Proposed Global Offering of Meridian Energy Ltd. from Arranging Prohibitions, 68107-68108 2013-27100 Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ OMX PHLX LLC, 68126-68128 2013-27051 New York Stock Exchange LLC, 68128-68133 2013-27052 NYSE Arca, Inc., 68108-68110, 68113-68122 2013-27041 2013-27042 2013-27053 NYSE MKT LLC, 68111-68113 2013-27040 The NASDAQ Stock Market LLC, 68122-68126 2013-27048 Trading Suspension Orders:

Far Vista Petroleum Corp., 68133 2013-27238 Social Social Security Administration NOTICES Cost-of-Living Increases and Other Determinations for 2014; Correction, 68133-68134 2013-27023 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Renaissance to Goya, Prints and Drawings from Spain, 68134 2013-27136 Tennessee Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 68134 2013-27219 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration PROPOSED RULES Disadvantaged Business Enterprise:

Program Implementation Modifications, 68016-68017 2013-27119 NOTICES Applications: Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits, 68134-68135 2013-27103 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service See United States Mint U.S. Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 68158-68159 2013-27181 Separate Parts In This Issue Part II Environmental Protection Agency, 68162-68238 2013-23804 Part III Health and Human Services Department, 68240-68296 2013-27086 Labor Department, Employee Benefits Security Administration, 68240-68296 2013-27086 Treasury Department, Internal Revenue Service, 68240-68296 2013-27086 Part IV Agriculture Department, Agricultural Marketing Service, 68298-68319 2013-27108 Part V Presidential Documents, 68321-68323 2013-27376 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.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 78 219 Wednesday, November 13, 2013 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Part 770 RIN 1901-AA82 Transfer of Real Property at Defense Nuclear Facilities for Economic Development AGENCY: Department of Energy. ACTION:

Final rule. SUMMARY: The Department of Energy

(DOE)is adopting the interim final rule published on February 29, 2000, 65 FR 10685, as final, with changes. The final rule establishes a process for transferring unneeded real property at DOE defense nuclear facilities, for the purpose of promoting economic development, and prescribes the process by which the Secretary of Energy (or delegate) can grant discretionary indemnification. DATES: *Effective Date:* This rule is effective on December 13, 2013. FOR FURTHER INFORMATION CONTACT: Carmelo Melendez, Senior Real Property Officer, Office of Property Management, MA-65, 1000 Independence Avenue SW., Washington, DC 20585; *Carmelo.Melendez@hq.doe.gov;* 202-586-4502. SUPPLEMENTARY INFORMATION: I. Introduction The Department of Energy

(DOE)published an interim final rule and opportunity for public comment on February 29, 2000, 65 FR 10685, and DOE received comments on the rule. After the issuance of the rule, there were two separate legislative amendments to the underlying statutory authority, and one of the legislative amendments required revising the regulation. Today DOE is adopting the interim final rule as final, with revisions to conform with the legislative amendment, and to provide clarification. Section 3158 of the National Defense Authorization Act for Fiscal Year 1998, Public Law 105-85, directed the Department to prescribe regulations for the transfer, by sale or lease, of real property at DOE defense nuclear facilities for the purpose of permitting the economic development of the property (amended and redesignated at 50 U.S.C. 2811). 50 U.S.C. 2811(b) also provides that the Secretary of Energy may hold harmless and indemnify a person or entity against any claim to person or property that results from the release or threatened release of a hazardous substance or pollutant or contaminant resulting from DOE activities at the former defense nuclear facility on which the real property is located. This final rule has been approved by the Office of the Secretary of Energy. II. Comments on the Interim Final Rule DOE invited public comment on the interim final rule, and received written comments from several interested organizations as well as individuals interested in the transfer of DOE real property at defense nuclear facilities for economic development. Most of the comments expressed support for the rule. A number of issues raised in the comments were resolved by the passage of statutory amendments that clarified that indemnification will apply to future transferees; these revisions are reflected in the revised regulation. DOE has adopted the comment to clarify that “local government” will be notified regarding any unneeded property. In appropriate circumstances, DOE will also notify Tribal nations regarding unneeded property. III. Discussion of Amendments In today's final rule DOE is revising certain sections of the interim rule to reflect statutory amendments that were made after February 29, 2000. None of the regulatory changes in this notice of final rulemaking alter substantive rights or obligations under current law. Section 506 of the Consolidated Appropriations Resolution, 2003, Title V (Pub. L. 108-7) (February 20, 2003) amended section 3158, by clarifying that if indemnification is provided by DOE, such indemnification will also be provided to “any successor, assignee, transferee, lender or lessee” of the entity that initially acquires ownership or control. Accordingly, DOE added a new section 770.9(e) to clarify that any indemnification provided by DOE to an entity is transferable to a successor entity. Later legislation further clarified that the section 506 amendment was effective for any transfers as of, the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998, which was November 18, 1997. (Section 504 of the Energy and Water Development Appropriation Act, 2004, Title V (Pub. L. 108-137) (December 1, 2003)). No regulatory amendment is necessary for the legislative change under the Energy and Water Development Appropriation Act, 2004 DOE added the phrase “closed or downsized” before the term “defense nuclear facilities” in sections 770.1 and 770.2 to clarify that this rule applies only to unneeded real property assets. DOE added the phrase “and for facilitating local reuse or redevelopment” in section 770.2(b), to emphasize that the purpose of the transfers is to enable reuse or redevelopment of the transferred property. We revised the definitions in 770.4 to be consistent with terminology used in current DOE directives. We added language in section 770.5 to clarify that local governments will be advised regarding the availability of real property. In section 770.7 the revisions clarify the conditions regarding economic development and reuse of the DOE properties. IV. Procedural Requirements A. Review Under Executive Order 12866 Today's regulatory action has been determined not to be “a significant regulatory action” under Executive Order 12866, “Regulatory Planning and Review,” 58 FR 51735 (October 4, 1993). Accordingly, this action was not subject to review under that Executive Order by the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB). B. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) requires preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking,” 67 FR 53461 (August 16, 2002), DOE published procedures and policies to ensure that the potential impacts of its draft rules on small entities are properly considered during the rulemaking process (68 FR 7990, February 19, 2003), and has made them available on the Office of General Counsel's Web site: *http://www.gc.doe.gov.* Today's final rule concerning the sale or lease of real property at defense nuclear facilities is not subject to the Regulatory Flexibility Act because neither the Administrative Procedure Act (5 U.S.C. 553(a)(2)), nor any other law requires DOE to propose the rule for public comment. Consequently, this rulemaking is exempt from the requirements of the Regulatory Flexibility Act. C. Review Under the Paperwork Reduction Act This final rule does not impose a collection of information requirement subject to the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ). D. Review Under the National Environmental Policy Act DOE has concluded that promulgation of this rule falls into a class of actions that would not individually or cumulatively have a significant impact on the human environment, as determined by DOE's regulations implementing the National Environmental Policy Act of 1969. 42 U.S.C. 4321 *et seq.* This interim final rule establishes procedures for real property transfers for economic development. Because the rule is procedural, it is covered by the Categorical Exclusion in paragraph A6 of Appendix A to Subpart D, 10 CFR part 1021. Accordingly, neither an environmental assessment nor an environmental impact statement is required. Individual proposals for the transfer of property are subject to appropriate NEPA review. 10 CFR 770.3(b). E. Review Under Executive Order 13132 Executive Order 13132, “Federalism,” 64 FR 43255 (August 4, 1999) imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. Agencies are required to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and carefully assess the necessity for such actions. The Executive Order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations (65 FR 13735). DOE has examined today's rule and has determined that it does not preempt State law and does 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. No further action is required by Executive Order 13132. F. Review Under Executive Order 12988 With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform” (61 FR 4729, February 7, 1996), imposes on Federal agencies the general duty to adhere to the following requirements:

(1)Eliminate drafting errors and ambiguity;

(2)write regulations to minimize litigation; and

(3)provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. Section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation:

(1)Clearly specifies the preemptive effect, if any;

(2)clearly specifies any effect on existing Federal law or regulation;

(3)provides a clear legal standard for affected conduct while promoting simplification and burden reduction;

(4)specifies the retroactive effect, if any;

(5)adequately defines key terms; and

(6)addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law; this final rule meets the relevant standards of Executive Order 12988. G. Review Under the Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires each Federal agency to assess the effects of a Federal regulatory action on State, local, and tribal governments, and the private sector. DOE has determined that today's regulatory action does not impose a Federal mandate on State, local or tribal governments or on the private sector. H. Review Under the Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This rule would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. I. Review Under the Treasury and General Government Appropriations Act, 2001 The Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516, note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guideline issued by OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed today's notice under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. J. Review Under Executive Order 13211 Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” 66 FR 28355 (May 22, 2001) requires Federal agencies to prepare and submit to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget, a Statement of Energy Effects for any proposed significant energy action. A “significant energy action” is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that:

(1)Is a significant regulatory action under Executive Order 12866, or any successor order; and

(2)is likely to have a significant adverse effect on the supply, distribution, or use of energy, or

(3)is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. Today's regulatory action is not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. K. Applicability of Executive Order 13175 Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, Nov. 9, 2000) and implementing guidance from the Office of Management and Budget (M-10-33, July 30, 2010) require consultation with tribal officials in the development of regulations in two particular circumstances. Specifically, consultation is required if a regulation imposes unfunded mandates on tribes or preempts tribal law. In such cases, when an agency submits a draft final regulation to OMB for review under Executive Order 12866, the agency must include a “tribal summary impact statement” in a “separately identified portion of the preamble to the regulation”. The OMB guidance further details the contents of the tribal summary impact statement. DOE has determined that this regulation neither imposes an unfunded mandate on tribes nor preempts tribal law. Therefore, tribal consultation was not conducted prior to issuance of the rule. L. Congressional Notification As required by 5 U.S.C. 801, DOE will submit to Congress a report regarding the issuance of today's final rule prior to the effective date set forth at the outset of this notice. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 801(2). List of Subjects in 10 CFR Part 770 Federal buildings and facilities. Issued in Washington, DC on November 1, 2013. Ingrid Kolb, Director, Office of Management. For the reason set forth in the preamble, the interim rule which was published at 65 FR 10685 on February 29, 2000 is adopted as a final rule with the following changes: PART 770—TRANSFER OF REAL PROPERTY AT DEFENSE NUCLEAR FACILITIES FOR ECONOMIC DEVELOPMENT 1. The authority citation for part 770 is revised to read as follows: Authority: 50 U.S.C. 2811. § 770.1 [Amended] 2. Section 770.1(a) is amended by adding “closed or downsized” after “real property at”. 3. Section 770.2 is amended by: a. Adding, in paragraph (a), “closed or downsized” after “sale or lease at”; and b. Revising paragraph

(b)to read as follows: § 770.2 What real property does this part cover?

(b)DOE may transfer, by lease only, improvements at defense nuclear facilities on land withdrawn from the public domain, that are unneeded, temporarily underutilized, or underutilized, for the purpose of permitting economic development and for facilitating local reuse or redevelopment. 4. Section 770.4 is amended by: a. Adding in the definition of “ *Community Reuse Organization or CRO”,* the words “that is recognized by DOE and” after “non-governmental organization”, and removing “and that has the authority to enter into and fufill the obligations of a DOE financial assistance agreement.” b. Adding in the definition of “ *Economic Development,”* the words “or which furthers reuse or redevelopment,” after “surrounding region(s)”; c. Removing the definition of “ *Excess Real Property;”* d. Adding, in the definition of “ *Underutilized Real Property or Temporarily Underutilized Real Property”* after the first sentence, “Underutilized property is available by lease only.” e. Adding in alphabetical order the definition of “ *Unneeded Real Property”* to read as follows: § 770.4 What definitions are used in this part? *Unneeded Real Property* means any property under DOE control that the Field Office, cognizant program, or the Secretary of Energy have determined, according to applicable procedures, to be no longer needed for the purposes of conducting DOE business. § 770.5 [Amended] 5. Section 770.5(a) is amended by adding in the first sentence “, local government,” and “Tribal nations,” after “Community Reuse Organizations”. 6. Section 770.7 is amended by: a. Revising paragraphs (a)(1)(ii) and (iii); b. Removing in paragraph

(b)“Within 90 days after receipt of a” and adding “After review of the” in its place. c. Removing paragraph (d). The revisions read as follows: § 770.7 What procedures are to be used to transfer real property at defense nuclear facilities for economic development?

(a)* * *

(1)* * *

(ii)The intended use and duration of use of the real property, including potential users and an indication that these users are interested in participating in the economic development of the property;

(iii)A description of the economic development that would be furthered by the transfer ( *e.g.,* jobs to be created or retained, improvements to be made) or what reuse or reutilization would be accomplished by means of a description of the business to be created (direct and indirect economic benefits that will result due to the proposed transfer); 7. Section 770.9 is amended by adding paragraph

(e)to read as follows: § 770.9 What conditions apply to DOE indemnification of claims against a person or entity based on the release or threatened release of a hazardous substance or pollutant or contaminant attributable to DOE?

(e)Any indemnification provided will apply to any successor, assignee, transferee, lender or lessee of the original entity that acquires ownership or control. [FR Doc. 2013-27117 Filed 11-12-13; 8:45 am]

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