Unknown. Final rule; technical amendments

3,352 words·~15 min read·/register/2014/05/19/2014-11495·

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--- schema: federal-register doc_type: fedreg source_file: FR-2014-05-19.xml --- 79 96 Monday, May 19, 2014 Contents Agriculture Agriculture Department See Food and Nutrition Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28671 2014-11500 Air Force Air Force Department NOTICES Meetings: Air Force Academy Board of Visitors, 28689 2014-11488 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 28758-28761 2014-11502 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28729-28731 2014-11449 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28731 2014-11417 Civil Rights Civil Rights Commission NOTICES Meetings: Massachusetts Advisory Committee, 28672 2014-11503 Commerce Commerce Department See Economic Analysis Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission NOTICES Potential Ways to Reduce Third Party Testing Costs Through Determinations Consistent with Assuring Compliance, 28688 2014-11445 Defense Department Defense Department See Air Force Department NOTICES Military Justice System;

Comprehensive Review, 28688-28689 2014-11507 Economic Analysis Bureau Economic Analysis Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Expenditures Incurred by Recipients of Biomedical Research and Development Awards, 28672-28674 2014-11453 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Study of Teacher Preparation Experiences and Early Teacher Effectiveness;

Phase II, 28689-28690 2014-11452 Applications for New Awards: Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship Program, 28690-28695 2014-11520 Meetings: National Board for Education Sciences, 28695-28696 2014-11543 National Assessment of Educational Progress Achievement Levels Descriptions, 28696-28697 2014-11434 New Awards Applications: Fulbright-Hays Group Projects Abroad Program, Short-Term Projects, 28697-28702 2014-11555 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

Biomass Research and Development Technical Advisory Committee, 28702-28703 2014-11497 2014-11498 Environmental Management Site-Specific Advisory Board, Hanford, 28704 2014-11485 Environmental Management Site-Specific Advisory Board, Portsmouth, 28703-28704 2014-11491 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Ventura County Air Pollution Control District; Revisions, 28612-28615 2014-11430 Florida;

New Source Review, Prevention of Significant Deterioration, 28607-28612 2014-11211 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; San Joaquin Valley Unified Air Pollution Control District; Quantification of Emission Reductions from Incentive Programs; Revisions, 28650-28658 2014-11481 California; Ventura County Air Pollution Control District, 28649-28650 2014-11428 Hawaii; Infrastructure Requirements for the 2008 8-Hour Ozone and the 2010 Nitrogen Dioxide National Ambient Air Quality Standards, 28659-28663 2014-11432 Hydraulic Fracturing Chemicals and Mixtures, 28664-28670 2014-11501 NOTICES Prevention of Significant Deterioration of Air Quality Final Determinations:

New Jersey, Puerto Rico, and the Virgin Islands, 28710-28712 2014-11504 Executive Office of the President See Presidential Documents Export Import Export-Import Bank NOTICES Meetings; Sunshine Act, 28712-28713 2014-11586 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Fuji Heavy Industries, Ltd. Airplanes, 28647-28649 2014-11476 NOTICES Release of Federally Obligated Properties: DeKalb Peachtree Airport, Atlanta, GA, 28798-28799 2014-11106 Federal Communications Federal Communications Commission RULES Retransmission Consent Negotiations, 28615-28630 2014-11058 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 28713-28715 2014-11493 2014-11494 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 28704-28707 2014-11464 2014-11475 Environmental Assessments; Availability, etc.: Texas Eastern Transmission, LP, 28707-28709 2014-11465 Environmental Site Review: Grand River Dam Authority, 28709 2014-11469 Initial Market-Based Rate Filings: Headwaters Wind Farm LLC, 28710 2014-11466 Rising Tree Wind Farm II LLC, 28709-28710 2014-11468 Rising Tree Wind Farm LLC, 28710 2014-11467 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 28799-28800 2014-11544 2014-11546 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28800-28801 2014-11412 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 28715 2014-11471 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28715-28729 2014-11484 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Marine Mammal Marking, Tagging, and Reporting Certificates, etc., 28762-28763 2014-11518 Environmental Assessments; Availability, etc.: Final Comprehensive Conservation Plan, Quivira National Wildlife Refuge, Stafford, KS, 28763 2014-11483 Low-Effect Habitat Conservation Plans: Linda and Russ Charvonia for Morro Shoulderband Snail, Charvonia Parcel, Los Osos, CA, 28764-28765 2014-11477 Morro Shoulderband Snail, Los Osos, CA, 28765-28767 2014-11478 Food and Drug Food and Drug Administration NOTICES Meetings:

Additive Manufacturing of Medical Devices -- An Interactive Discussion on the Technical Considerations of 3-D Printing, 28732-28733 2014-11513 Patent Extension Regulatory Review Periods: ELELYSO, 28733-28734 2014-11516 PERJETA, 28734-28735 2014-11515 ZIOPTAN, 28735-28736 2014-11517 Periodic Reassessment: Defining Small Numbers of Animals for Minor Use Designation, 28736-28739 2014-11446 Food and Nutrition Food and Nutrition Service RULES Automated Data Processing and Information Retrieval System Requirements;

System Testing, 28606-28607 2014-10239 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: Western Carriers, Inc., Foreign-Trade Zone 49, North Bergen, NJ, 28674 2014-11529 Forest Forest Service NOTICES Requests for Nominations: Uinta-Wasatch Cache Resource Advisory Committee, 28671-28672 2014-11548 Government Ethics Government Ethics Office RULES Executive Branch Financial Disclosure and Standards of Ethical Conduct, 28605-28606 2014-11495 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See U.S.

Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28744-28745 2014-11389 Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Meeting Registration and Evaluation, 28745-28746 2014-11392 Meetings: Homeland Security Advisory Council, 28746-28747 2014-11514 Privacy Act; Systems of Records: 003 National Flood Insurance Program Files, 28747-28752 2014-11386 Chemical Facility Anti-Terrorism Standards Personnel Surety Program, 28752-28757 2014-11431 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Financial Assistance and Social Services, 28768-28769 2014-11539 Housing Improvement Program, 28768 2014-11545 IDEIA Part B and C Child Count, 28769-28770 2014-11542 Solicitation of Nominations for the Advisory Board for Exceptional Children, 28767 2014-11532 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping Duty Investigations;

Results, Extensions, Amendments, etc.: 53-Foot Domestic Dry Containers from the People's Republic of China, 28674-28679 2014-11519 Countervailing Duty Investigations; Results, Extensions, Amendments, etc.: 53-Foot Domestic Dry Containers from the People's Republic of China, 28679-28683 2014-11527 Renewable Energy and Energy Efficiency Trade Policy Mission: Peru, 28683-28685 2014-11472 International Trade Com International Trade Commission NOTICES Antidumping and Countervailing Duty Investigations;

Results, Extensions, Amendments, etc.: Chlorinated Isocyanurates from China and Japan, 28771-28772 2014-11426 Complaints: Integrated Circuits and Products Containing the Same, 28772-28773 2014-11429 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: ARCOS Transaction Reporting, 28773 2014-11470 Privacy Act of 1974; System of Records, 28774-28775 2014-11506 Proposed Consent Decrees under the Clean Water Act, 28775-28776 2014-11377 Labor Department Labor Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Workforce Innovation Fund Grants Reporting and Recordkeeping Requirements, 28776-28777 2014-11444 Land Land Management Bureau NOTICES Meetings: North Slope Science Initiative - Science Technical Advisory Panel, 28770-28771 2014-11474 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 28777 2014-11605 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 28741-28744 2014-11454 2014-11455 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 28739-28740 2014-11459 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 28744 2014-11458 National Institute on Aging, 28739 2014-11456 2014-11457 Recombinant DNA Advisory Committee, 28740-28741 2014-11460 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Virginia Modified Pound Net Leader Inspection Program, 28685-28686 2014-11448 Determination of Overfishing or an Overfished Condition, 28686-28687 2014-11551 Meetings: Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean Southeast Data, Assessment, and Review, 28687 2014-11482 Pacific Fishery Management Council, 28687-28688 2014-11480 National Science National Science Foundation NOTICES Antarctic Conservation Act Permit Applications, 28777 2014-11512 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 28777-28778 2014-11405 Meetings; Sunshine Act, 28778-28779 2014-11562 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Burma; Continuation of National Emergency (Notice of May 15, 2014), 28805-28807 2014-11725 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 28787-28791 2014-11435 ISE Gemini, LLC, 28781-28782 2014-11441 New York Stock Exchange, LLC, 28784-28786 2014-11438 NYSE Arca, Inc., 28779-28781, 28792-28796 2014-11437 2014-11440 2014-11439 NYSE MKT LLC, 28782-28784 2014-11436 Trading Suspension Orders:

Cybermesh International Corp., et al., 28796-28797 2014-11587 Small Business Small Business Administration PROPOSED RULES Small Business Size Standards: Employee-Based Size Standards in Wholesale Trade and Retail Trade, 28631-28647 2014-11269 NOTICES Disaster Declarations: Alabama, 28797-28798 2014-11534 Arkansas, 28798 2014-11536 Florida; Amendment 1, 28797 2014-11538 Mississippi, 28797 2014-11541 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition:

A Treasure from the Keir Collection of Islamic Art -- The Fatimid Rock Crystal Ewer, 28798 2014-11632 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notice of Entry of Appearance as Attorney or Accredited Representative, etc., 28757-28758 2014-11530 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application of Service Representative for Placement on Mailing List; etc., 28802 2014-11381 Pay Now Enter Info Page, 28801-28802 2014-11404 Meetings: Advisory Committee on Disability Compensation, 28802-28803 2014-11443 Separate Parts In This Issue Part II Presidential Documents, 28805-28807 2014-11725 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 96 Monday, May 19, 2014 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Parts 2634 and 2635 RIN 3209-AA00 and 3209-AA04 Technical Updating Amendments to Executive Branch Financial Disclosure and Standards of Ethical Conduct Regulations AGENCY:

Office of Government Ethics (OGE). ACTION: Final rule; technical amendments. SUMMARY: The Office of Government Ethics is updating its executive branch regulation on financial disclosure to reflect the retroactive statutory increase of the reporting thresholds for gifts and travel reimbursements. As a matter of regulatory policy, OGE is also raising the widely attended gatherings nonsponsor gifts exception dollar ceiling under the executive branchwide standards of ethical conduct regulation, but this change is not retroactive.

DATES: The rule is effective May 19, 2014. The amendments to 5 CFR 2634.304 and 2634.907 (as set forth in amendatory paragraphs 2 and 3) are retroactively applicable as of January 1, 2014. FOR FURTHER INFORMATION CONTACT: Amy Braud, Associate Counsel, Office of Government Ethics; Telephone: 202-482-9300; TTY: 800-877-8339; FAX: 202-482-9237. SUPPLEMENTARY INFORMATION: The Office of Government Ethics is amending pertinent sections of its executive branchwide ethics regulations on financial disclosure and standards of ethical conduct, as codified at 5 CFR parts 2634 and 2635, in order to update certain reporting and other thresholds.

Increased Gifts and Travel Reimbursements Reporting Thresholds First, OGE is revising its executive branch financial disclosure regulation at 5 CFR part 2634 applicable as of January 1, 2014 to reflect the increased reporting thresholds for gifts, reimbursements and travel expenses for both the public and confidential executive branch financial disclosure systems. These increases conform to the statutorily mandated public disclosure reporting thresholds under section 102(a)(2)(A) &

(B)of the Ethics in Government Act as amended, 5 U.S.C. app. section 102(a)(2)(A) and (B), (Ethics Act) and are extended to confidential disclosure reporting by OGE's regulation. Under the Ethics Act, the gifts and reimbursements reporting thresholds are tied to the dollar amount for the “minimal value” threshold for foreign gifts as the General Services Administration

(GSA)periodically redefines it. In a recent rulemaking, GSA raised “minimal value” under the Foreign Gifts and Decorations Act, 5 U.S.C. section 7342, to “$375 or less” (from the prior level of $350 or less) for the three-year period 2014-2016. See 79 FR 18477 (April 2, 2014), revising retroactively to January 1, 2014, the foreign gifts minimal value definition as codified at 41 CFR 102-42.10. Accordingly, applicable as of that same date, OGE is increasing the thresholds for reporting of gifts and travel reimbursements from any one source in 5 CFR 2634.304 and 2634.907(g) (and as illustrated in the examples following those sections, including appropriate adjustments to gift values therein) of its executive branch financial disclosure regulation to “more than $375” for the aggregation threshold for reporting and “$150 or less” for the de minimis exception for gifts and reimbursements which do not have to be counted towards the aggregate threshold. As noted, these regulatory increases just reflect the underlying statutory increases effective January 1 of this year. OGE will continue to adjust the gifts and travel reimbursements reporting thresholds in its part 2634 regulation in the future as needed in light of GSA's redefinition of “minimal value” every three years for foreign gifts purposes. See OGE's prior three-year adjustment of those regulatory reporting thresholds, as published at 76 FR 38547-38548 (July 1, 2011) (for 2011-2013, the aggregate reporting level was more than $350, with a $140 or less de minimis exception). Increased Dollar Ceiling for the Exception for Nonsponsor Gifts of Free Attendance at Widely Attended Gatherings In addition, OGE is increasing from $350 to $375 the exception ceiling for nonsponsor gifts of free attendance at widely attended gatherings under the executive branch standards of ethical conduct regulation, as codified at 5 CFR 2635.204(g)(2) (and as illustrated in the examples following paragraph (g); a sum total value in one example is also being adjusted accordingly). This separate regulatory change is effective upon publication in the **Federal Register** , on May 19, 2014. As OGE noted in the preambles to the proposed and final rules on such nonsponsor gifts, that ceiling is based in part on the financial disclosure gifts reporting threshold. See 60 FR 31415-31418 (June 15, 1995) and 61 FR 42965-42970 (August 20, 1996). The nonsponsor gift ceiling was last raised in the July 2011 OGE rulemaking noted in the preceding paragraph above. Thus, it is reasonable to again increase the nonsponsor gift ceiling to match the further increase in the gifts/travel reimbursements reporting thresholds. The other requirements for acceptance of such nonsponsor gifts, including an agency interest determination and expected attendance by more than 100 persons, remain unchanged. Matters of Regulatory Procedure Administrative Procedure Act Pursuant to 5 U.S.C. section 553(b) and (d), as Director of the Office of Government Ethics, I find good cause exists for waiving the general notice of proposed rulemaking, opportunity for public comment and 30-day delay in effectiveness as to these technical updating amendments. The notice, comment and delayed effective date provisions are being waived in part because these technical amendments concern matters of agency organization, practice and procedure. Further, it is in the public interest that correct and up-to-date information be contained in the affected sections of OGE's regulations as soon as possible. The increase in the reporting thresholds for gifts and reimbursements is based on a statutory formula and also lessens the reporting burden somewhat. Therefore, that regulatory revision is retroactively applicable as of January 1, 2014, when the change became effective under the Ethics Act. Regulatory Flexibility Act As Director of the Office of Government Ethics, I certify under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this rulemaking will not have a significant economic impact on a substantial number of small entities because it primarily affects Federal employees. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because this amendatory rulemaking itself does not contain information collection requirements that require the approval of the Office of Management and Budget. Unfunded Mandates Reform Act For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 25, subchapter II), this final rule will not significantly or uniquely affect small governments and will not result in increased expenditures by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more (as adjusted for inflation) in any one year. Congressional Review Act The Office of Government Ethics has determined that this amendatory rulemaking is a nonmajor rule under the Congressional Review Act (5 U.S.C. chapter 8) and will submit a report thereon to the U.S. Senate, House of Representatives and Government Accountability Office in accordance with that law at the same time this rulemaking document is sent to the Office of the Federal Register for publication in the **Federal Register** . Executive Order 12866 In promulgating these technical amendments, OGE has adhered to the regulatory philosophy and the applicable principles of regulation set forth in section 1 of Executive Order 12866, Regulatory Planning and Review. These amendments have not been reviewed by the Office of Management and Budget under that Executive Order, since they are not deemed “significant” thereunder. Executive Order 12988 As Director of the Office of Government Ethics, I have reviewed this final amendatory regulation in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein. List of Subjects 5 CFR Part 2634 Certificates of divestiture, Conflict of interests, Financial disclosure, Government employees, Penalties, Privacy, Reporting and recordkeeping requirements, Trusts and trustees. 5 CFR Part 2635 Conflict of interests, Executive branch standards of ethical conduct, Government employees. Approved: May 13, 2014. Walter M. Shaub, Jr., Director, Office of Government Ethics. For the reasons set forth in the preamble, the Office of Government Ethics is amending 5 CFR parts 2634 and 2635 as follows: PART 2634—EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND CERTIFICATES OF DIVESTITURE 1. The authority citation for part 2634 continues to read as follows: Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 26 U.S.C. 1043; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990), as amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321 (Debt Collection Improvement Act of 1996); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. Subpart C—Contents of Public Reports § 2634.304 [Amended] 2. Section 2634.304 is amended by: A. Removing the dollar amount “$350” in paragraphs

(a)and

(b)and in examples 1 and 4 following paragraph

(d)and adding in its place in each instance the dollar amount “$375”; B. Removing the dollar amount “$140” in paragraph

(d)and in examples 1 and 2 following paragraph

(d)and adding in its place in each instance the dollar amount “$150”; C. Removing the dollar amount “$190” in example 1 following paragraph

(d)and adding in its place the dollar amount “$220”; and D. Removing the dollar amounts “$180” and “$350” in example 3 following paragraph

(d)and adding in their place the dollar amounts “$190” and “$375”, respectively. Subpart I—Confidential Financial Disclosure Reports § 2634.907 [Amended] 3. Section 2634.907 is amended by: A. Removing the dollar amount “$350” in paragraphs (g)(1) and (g)(2) and in the example to paragraph

(g)and adding in its place in each instance the dollar amount “$375”; and B. Removing the dollar amount “$140” in paragraph (g)(3) and in the example to paragraph

(g)and adding in its place in each instance the dollar amount “$150”. PART 2635—STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH 4. The authority citation for part 2635 continues to read as follows: Authority: 5 U.S.C. 7301, 7351, 7353; 5 U.S.C. App. (Ethics in Government Act of 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. Subpart B—Gifts From Outside Sources § 2635.204 [Amended] 5. Section 2635.204 is amended by: A. Removing the dollar amount “$350” in paragraph (g)(2) and in examples 1 and 2 (in the latter of which it appears twice) following paragraph (g)(6) and adding in its place in each instance the dollar amount “$375”; and B. Removing the dollar amount “$700” in example 2 following paragraph (g)(6) and adding in its place the dollar amount “$750”. [FR Doc. 2014-11495 Filed 5-16-14; 8:45 am]

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