Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2014-02-20.xml --- 79 34 Thursday, February 20, 2014 Contents Agriculture Agriculture Department See Food Safety and Inspection Service See Forest Service Antitrust Division Antitrust Division NOTICES Membership Changes under National Cooperative Research and Production Act: American Society of Mechanical Engineers, 9767 2014-03622 Cooperative Research Group on Numerical Propulsion System Simulation, 9767-9768 2014-03619 Odva, Inc., 9766-9767 2014-03625 Petroleum Environmental Research Forum, 9767 2014-03628 Petroleum Environmental Research Forum Project 2011-06, 9767 2014-03614 Telemanagement Forum, 9766 2014-03626 Antitrust See Antitrust Division Broadcasting Broadcasting Board of Governors NOTICES Meetings;

Sunshine Act, 9731-9732 2014-03736 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Open and Nondiscriminatory Access to Oil and Gas Pipelines under the OCS Lands Act, 9752-9753 2014-03627 Children Children and Families Administration NOTICES Meetings: Tribal Consultation, 9743 2014-03603 Commerce Commerce Department See National Oceanic and Atmospheric Administration See Patent and Trademark Office Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation for Certain Industrial Equipment:

Alternative Efficiency Determination Methods and Test Procedures for Walk-In Coolers and Walk-In Freezers, 9818-9847 2014-03101 Energy Conservation Program for Certain Commercial and Industrial Equipment: Test Procedure for Commercial Packaged Boilers, 9643-9645 2014-03299 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Idaho; Northern Ada County PM10 Second Ten-Year Maintenance Plan, Pinehurst PM10 Contingency Measures, 9697-9701 2014-03639 Pennsylvania;

Control of Commercial Fuel Oil Sulfur Limits for Combustion Units, 9701-9703 2014-03642 NOTICES Requests for Nominations: Environmental Financial Advisory Board, 9738-9739 2014-03638 Executive Office of the President See Presidential Documents Farm Credit Farm Credit Administration PROPOSED RULES Standards of Conduct: Referral of Known or Suspected Criminal Violations, 9649-9661 2014-03098 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

GROB-WERKE Airplanes, 9661-9663 2014-03606 Federal Communications Federal Communications Commission RULES AM Radio Service Directional Antenna Performance Verification, 9622-9625 2014-03608 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9739-9741 2014-03609 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 9742 2014-03699 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 9742 2014-03727 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

FFP Missouri 12, LLC, 9732-9733 2014-03651 Pacific Gas and Electric Co., 9733-9734 2014-03649 Combined Filings, 9734-9735 2014-03636 Environmental Impact Statements; Availability, etc.: Proposed Constitution Pipeline and Wright Interconnect Projects; Constitution Pipeline Co., LLC, Iroquois Gas Transmission System, LP, 9735-9736 2014-03646 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: Seminole Retail Energy Services, LLC, 9736-9737 2014-03647 Singer Energy Group, LLC, 9736 2014-03648 Preliminary Permit Applications:

FFP Project 1, LLC, 9737 2014-03652 Terminations of Licenses (Minor Project) by Implied Surrender: Daniel Nelson Evans, Jr., 9737-9738 2014-03650 Federal Financial Federal Financial Institutions Examination Council NOTICES Appraisal Subcommittee Rules of Operation: Amendments, 9742 2014-03637 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Willits Bypass Project, Wilits, CA, and the Use of City Streets during Project Construction;

Re-evaluation, 9787-9788 2014-03021 Federal Maritime Federal Maritime Commission NOTICES Meetings; Sunshine Act, 9742-9743 2014-03732 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Commercial Driver's License Drug and Alcohol Clearinghouse, 9703-9727 2014-03213 Federal Reserve Federal Reserve System PROPOSED RULES Identity Theft Red Flags (Regulation V), 9645-9647 2014-03264 Truth in Savings (Regulation DD), 9647-9649 2014-03266 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings;

Sunshine Act, 9743 2014-03713 Federal Transit Federal Transit Administration NOTICES Limitations on Claims against Proposed Public Transportation Projects, 9788 2014-03597 Fish Fish and Wildlife Service NOTICES Endangered Species Recovery Permit Applications, 9753-9759 2014-03601 2014-03602 Environmental Impact Statements; Availability, etc.: Izembek National Wildlife Refuge Proposed Land Exchange/Road Corridor, Cold Bay, AK, 9759-9760 2014-03605 Meetings: Trinity Adaptive Management Working Group, 9760-9761 2014-03617 Food and Drug Food and Drug Administration PROPOSED RULES Physical Medicine Devices:

Reclassification and Renaming of Shortwave Diathermy for All Other Uses, 9671-9677 2014-03594 Withdrawal of Proposed Effective Date of Requirement for Premarket Approval for Shortwave Diathermy for All Other Uses, 9670-9671 2014-03593 NOTICES New Drug and Abbreviated New Drug Applications: Phenylpropanolamine; Withdrawal of Approval, 9744-9745 2014-03596 Requests for Information: Standards for Interoperable Exchange of Information for Tracing of Human, Finished, Prescription Drugs, in Paper or Electronic Format, 9745-9747 2014-03592 Food Safety Food Safety and Inspection Service NOTICES Meetings:

Codex Committee on Contaminants in Food, 9728-9729 2014-03715 Forest Forest Service NOTICES Meetings: Shasta County Resource Advisory Committee, 9730-9731 2014-03630 Southwest Idaho Resource Advisory Committee, 9729-9731 2014-03620 2014-03632 Trinity County Resource Advisory Committee, 9730 2014-03621 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Financial Assistance and Social Services, 9761-9762 2014-03616 Environmental Impact Statements; Availability, etc.: Shu'luuk Wind Project on the Campo Indian Reservation, San Diego County, CA; Cancellation, 9762 2014-03615 Institute of Museum and Library Services RULES Organizations, Procedures and Availabilities of Information: Statement for the Guidance of the Public, 9621-9622 2014-03544 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau NOTICES Funding Agreements Negotiated with Self-Governance Tribes, 9747-9752 2014-03611 International Trade Com International Trade Commission NOTICES Investigations;

Terminations, Modifications and Rulings: Filing Written Submissions on Issues under Review, on Remedy, Public Interest, and Bonding, 9764-9766 2014-03550 Justice Department Justice Department See Antitrust Division Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings: Coos Bay Resource Advisory Committee, 9762-9763 2014-03612 Coos Bay Resource Advisory Council; Cancellation, 9762 2014-03613 Plats of Surveys:

California, 9763-9764 2014-03599 Oregon/Washington, 9763 2014-03607 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 9769-9770 2014-03724 National Endowment for the Arts RULES Organizations, Procedures and Availabilities of Information: Statement for the Guidance of the Public, 9621-9622 2014-03544 National Endowment for the Humanities RULES Organizations, Procedures and Availabilities of Information: Statement for the Guidance of the Public, 9621-9622 2014-03544 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services See National Endowment for the Arts See National Endowment for the Humanities National Highway National Highway Traffic Safety Administration PROPOSED RULES Alternative Fuel Vehicle Badging:

Fuel Compartment Labels and Consumer Information on Alternative Fuel Usage, 9792-9815 2014-02957 National Institute National Institutes of Health NOTICES Meetings: Diabetes Mellitus Interagency Coordinating Committee, 9747 2014-03634 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Groundfish of the Gulf of Alaska, Amendment 95 to the Fishery Management Plan for Groundfish, 9625-9642 2014-03631 NOTICES Meetings:

Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 9732 2014-03656 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 9770-9771 2014-03665 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Recordkeeping and Reporting Occupational Injuries and Illnesses, 9768-9769 2014-03595 Patent Patent and Trademark Office PROPOSED RULES Collective Trademarks and Service Marks, Collective Membership Marks, and Certification Marks:

Changes in Requirements, 9678-9697 2014-03256 Rules of Practce; Identification of Attributable Owner: Public Hearings, 9677-9678 2014-03629 Postal Service Postal Service NOTICES Change in Rates and Classes of General Applicability for Competitive Products, 9771-9781 2014-03664 Presidential Documents Presidential Documents EXECUTIVE ORDERS Government Agencies and Employees: Contractors, Minimum Wage; Establishment (EO 13658), 9849-9854 2014-03805 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: International Securities Exchange, LLC, 9783-9785 2014-03668 NASDAQ Stock Market, LLC, 9781-9783 2014-03667 Selective Selective Service System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9785-9786 2014-03635 Social Social Security Administration PROPOSED RULES Submission of Evidence in Disability Claims, 9663-9670 2014-03426 State Department State Department NOTICES Applications for Presidential Permits to Operate and Maintain Existing Pipeline Facilities on the Border of the United States and Canada:

Plains Pipeline, L.P., 9786 2014-03644 Meetings: Advisory Committee on International Communications and Information Policy, 9786-9787 2014-03643 U.S. Advisory Commission on Public Diplomacy, 9787 2014-03654 Surface Transportation Surface Transportation Board NOTICES Trackage Rights Exemptions; Discontinuances: Illinois Central Railroad Co.; Madison, Yazoo, Holmes, Carroll, Montgomery, Grenada, Yalobusha, Tallahatchie, Panola, Tate, and Desoto Counties, MS, 9789 2014-03641 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board Separate Parts In This Issue Part II Transportation Department, National Highway Traffic Safety Administration, 9792-9815 2014-02957 Part III Energy Department, 9818-9847 2014-03101 Part IV Presidential Documents, 9849-9854 2014-03805 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. 79 34 Thursday, February 20, 2014 Rules and Regulations NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES National Endowment for the Arts National Endowment for the Humanities Institute of Museum and Library Services 45 CFR Part 1100 RIN 3135-AA26; 3136-AA31; 3137-AA23 Statement for the Guidance of the Public—Organization, Procedure and Availability of Information AGENCY:

National Endowment for the Arts, National Endowment for the Humanities, and Institute of Museum and Library Services, National Foundation on the Arts and the Humanities. ACTION: Final rule. SUMMARY: The National Endowment for the Arts (NEA), the National Endowment for the Humanities (NEH), and the Institute of Museum and Library Services

(IMLS)are amending their joint Freedom of Information Act

(FOIA)regulations, to remove any reference to the NEH, the Federal Council on the Arts and the Humanities (FCAH), an agency for which the NEH provides legal counsel, and the IMLS. The NEA, the NEH and the IMLS are amending these joint regulations because each agency has adopted or plans to adopt its own separate FOIA regulations. DATES: *Effective Date:* March 24, 2014. FOR FURTHER INFORMATION CONTACT: Andrew Christopher, Assistant General Counsel, Institute of Museum and Library Services, 202-653-4712. SUPPLEMENTARY INFORMATION: The NEA, the NEH, the IMLS, and the FCAH make up the National Foundation on the Arts and Humanities (Foundation). The Foundation was established by the National Foundation on the Arts and Humanities Act of 1965, 20 U.S.C. 951 *et seq.* The NEA, the NEH (for itself and on behalf of the FCAH), and the former Institute of Museum Services (now, the IMLS) last revised the joint regulations on December 21, 1987. Each of these agencies has decided to issue separate FOIA regulations or plans to adopt its own separate FOIA regulations; therefore, they are amending 45 CFR part 1100. Concurrently with this amendment, NEH has adopted new FOIA regulations for itself and the FCAH in 45 CFR part 1171, and IMLS has adopted new FOIA regulations for itself in 45 CFR part 1184. NEA intends to propose new FOIA regulations for itself in 45 CFR part 1160. On July 8, 2013, the Foundation published a proposed rule in the **Federal Register** (78 FR 40664) and requested public comments on the proposed rule. The Foundation received one public comment, which was taken into consideration before adopting the final rule. E.O. 12866, Regulatory Review This rule is not a “significant regulatory action” under Executive Order 12866 and therefore is not subject to Office of Management and Budget

(OMB)review. Regulatory Flexibility Act In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), NEA, NEH, and IMLS have certified that this rule will not have a significant economic impact on a substantial number of small entities. Under the FOIA, agencies may recover only the direct costs of searching for, reviewing, and duplicating the records that agencies process for requesters. Thus, fees assessed for processing FOIA requests are nominal. Unfunded Mandates Reform Act of 1995 For purposes of the Unfunded Mandates Reform Act of 1995, Public Law 104-4, the rule will not result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804, as amended. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. Paperwork Reduction Act NEA, NEH, and IMLS have determined that the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.,* does not apply to the rule because the rule does not contain information collection requirements that require OMB approval. List of Subjects in 45 CFR Part 1100 Administrative practice and procedure, Freedom of Information. For the reasons stated in the preamble, the NEA, the NEH (for itself and on behalf of the FCAH), and the IMLS amend 45 CFR part 1100 as follows: PART 1100—STATEMENT FOR THE GUIDANCE OF THE PUBLIC—ORGANIZATION, PROCEDURE AND AVAILABILITY OF INFORMATION 1. The authority citation for part 1100 continues to read as follows: Authority: 5 U.S.C. 552, as amended by Pub. L. 99-570, 100 Stat. 3207. 2. In § 1100.1 revise paragraph

(a)to read as follows: § 1100.1 Definitions.

(a)*Agency* means the National Endowment for the Arts. 3. Revise § 1100.2 to read as follows: § 1100.2 Organization. The National Foundation on the Arts and the Humanities was established by the National Foundation on the Arts and the Humanities Act of 1965, 20 U.S.C. 951 *et seq.* The Foundation is composed of the National Endowment for the Arts, the National Endowment for the Humanities, the Institute of Museum and Library Services, and the Federal Council on the Arts and the Humanities. The Institute of Museum and Library Services became a part of the National Foundation on the Arts and the Humanities pursuant to the Museum and Library Services Act, as amended (20 U.S.C. 9102). Each Endowment is headed by a Chairman and has an advisory national council composed of 26 presidential appointees. The Institute of Museum and Library Services is headed by a Director and has a National Museum and Library Services Board composed of 20 presidential appointees, the Director, and IMLS's Deputy Directors for the Offices of Library Services, and Museum Services. The Federal Council on the Arts and the Humanities, comprised of Executive branch officials and appointees of the legislative branch, is authorized to make agreements to indemnify against loss or damage for certain exhibitions and advise on arts and humanities matters. The National Endowment for the Humanities, the Federal Council on the Arts and Humanities, and the Institute of Museum and Library Services no longer follow the regulations under this part. The procedures for disclosing records of the National Endowment for the Humanities and the Federal Council on the Arts and the Humanities are available at 45 CFR part 1171. The procedures for disclosing records of the Institute of Museum and Library Services are available at 45 CFR part 1184. 4. Revise § 1100.3 to read as follows: § 1100.3 Availability of information to the public.

(a)Descriptive brochures of the organization, programs, and function of the National Endowment for the Arts are available upon request. Inquiries involving work of the National Endowment for the Arts should be addressed to the National Endowment for the Arts, 1100 Pennsylvania Avenue NW., Washington, DC 20506. The telephone number of the National Endowment for the Arts is

(202)682-5400.

(b)The head of the National Endowment for the Arts is responsible for the effective administration of the Freedom of Information Act. The head of the National Endowment for the Arts pursuant to this responsibility hereby directs that every effort be expended to facilitate service to the public with respect to the obtaining of information and records.

(c)Requests for access to records of the National Endowment for the Arts may be filed by mail with the General Counsel of the National Endowment for the Arts or by email at *FOIA@arts.gov.* All requests should reasonably describe the record or records sought. Requests submitted should be clearly identified as being made pursuant to the Freedom of Information Act. 5. Revise § 1100.4 to read as follows: § 1100.4 Current index. The National Endowment for the Arts shall maintain and make available for public inspection and copying a current index providing identifying information for the public as to any matter which is issued, adopted, or promulgated and which is required to be made available pursuant to 5 U.S.C. 552(a)(1) and (2). Publication and distribution of such indices has been determined by the Foundation to be unnecessary and impracticable. The indices will be provided upon request at a cost not to exceed the direct cost of the duplication. 6. In § 1100.5 revise paragraphs (a), (b)(1), and the first sentence in the introductory text of paragraph

(c)to read as follows: § 1100.5 Agency procedures for handling requests for documents.

(a)Upon receiving a request for documents in accordance with the rules of this part, the General Counsel or respective Assistant General Counsel serving as the Freedom of Information Act Officer of the National Endowment for the Arts shall determine whether or not the request shall be granted in whole or in part. (b)(1) Any party whose request for documents has been denied in whole or in part may file an appeal no later than ten

(10)working days following receipt of the notification of denial. Appeals must be addressed to the Chairman, National Endowment for the Arts, Washington, DC 20506.

(c)In unusual circumstances, the time limits prescribed to determine a request for documents with respect to initial actions or actions on appeal may be extended by written notice from the General Counsel or respective Assistant General Counsel serving as the Freedom of Information Act Officer of the National Endowment for the Arts. * * * 7. Revise § 1100.7 introductory text and paragraph

(a)to read as follows: § 1100.7 Foundation report of actions. On or before March 1 of each calendar year, the National Endowment for the Arts shall submit a report of its activities with regard to public information requests during the preceding calendar year to the Speaker of the House of Representatives and to the President of the Senate. The report shall include:

(a)The number of determinations made by National Endowment for the Arts not to comply with requests for records made to the agency under the provisions of this part and the reasons for each such determination; India Pinkney, General Counsel, National Endowment for the Arts. Michael P. McDonald, General Counsel, National Endowment for the Humanities. Nancy E. Weiss, General Counsel, Institute of Museum and Library Services. [FR Doc. 2014-03544 Filed 2-19-14; 8:45 am]

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U.S. Code