Unknown. Final rule

3,016 words·~14 min read·/register/2014/10/24/2014-25272·

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--- schema: federal-register doc_type: fedreg source_file: FR-2014-10-24.xml --- 79 206 Friday, October 24, 2014 Contents Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agriculture Agriculture Department See Forest Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Registration of Firearms Acquired by Certain Government Entities, 63642 2014-25360 Application for Restoration of Explosives Privileges, 63641 2014-25362 Arson and Explosives Training Registration Request, 63644 2014-25364 Importation, Receipt, Storage, and Disposition by Explosives Importers, Manufacturers, Dealers, and Users, 63642-63643 2014-25361 Police Check Inquiry and Pre-Screening Qualifications Certification, 63643-63644 2014-25363 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings, 63598 2014-25347 Army Army Department See Engineers Corps Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Broadcasting Broadcasting Board of Governors NOTICES Meetings;

Sunshine Act, 63598 2014-25381 Coast Guard Coast Guard RULES Safety Zones: Semisubmersible Loading Operation Safety Zone, South San Francisco Bay, San Francisco, CA, 63534-63536 2014-25383 Standards of Training, Certification, and Watchkeeping; Policy Implementing, 63547 2014-24869 NOTICES Requests for Nominations: North Carolina Area Maritime Security Advisory Committee, 63635-63636 2014-25386 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63598-63600 2014-25269 2014-25305 2014-25306 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 63603-63605 2014-25334 2014-25335 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Defense Federal Acquisition Regulation Supplement; Special Contracting Methods, 63607-63609 2014-25308 Defense Department Defense Department See Defense Acquisition Regulations System See Engineers Corps See Navy Department RULES Federal Acquisition Regulations:

Uniform Procurement Identification; Correction, 63562 2014-25416 NOTICES Arms Sales, 63605-63607 2014-25311 Termination of Defense Legal Policy Board, 63607 2014-25315 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance Eligibility; Petitions, 63600 2014-25317 Employee Benefits Employee Benefits Security Administration NOTICES Meetings: Advisory Council on Employee Welfare and Pension Benefit Plans, 63646 2014-25444 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps PROPOSED RULES Definition of Waters of the United States Under the Clean Water Act, 63594 2014-25138 NOTICES Environmental Impact Statements;

Availability, etc.: Berths 226-236 Container Terminal Improvements Project, Port of Los Angeles, CA, 63609-63610 2014-25267 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Interstate Transport Requirements for 2006 24-hour Fine Particulate Matter National Ambient Air Quality Standards; Findings of Failure to Submit, 63536-63539 2014-25279 Greenhouse Gas Reporting Program: Reporting and Recordkeeping Requirements and Confidentiality Determinations, 63750-63799 2014-23780 Mandatory Greenhouse Gas Reporting;

CFR Correction, 63539 2014-25390 National Oil and Hazardous Substances Pollution Contingency Plan: National Priorities List; Partial Deletion of the California Gulch Superfund Site, 63540 2014-25286 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Rhode Island; Decommissioning of Stage II Vapor Recovery Systems, 63591-63594 2014-25354 Definition of Waters of the United States Under the Clean Water Act, 63594 2014-25138 Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 63594-63596 2014-25376 NOTICES Environmental Impact Statements;

Weekly Receipts, 63622 2014-25355 Meetings: Ozone Transport Commission, Mid-Atlantic Northeast Visibility Union, 63622 2014-25352 Privacy Act; Systems of Records, 63622-63624 2014-25417 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Fiberglas-Technik Rudolf Lindner GmbH & Co. KG Gliders, 63502-63505 2014-25287 IFR Altitudes, 63505-63524 2014-25330 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures:

Miscellaneous Amendments, 63524-63534 2014-25012 2014-25016 2014-25020 2014-25021 Federal Communications Federal Communications Commission RULES Sports Blackout Rules, 63547-63562 2014-24612 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63624-63625 2014-25276 Federal Deposit Federal Deposit Insurance Corporation RULES Transferred Office of Thrift Supervision Regulations Regarding Securities of State Savings Associations, 63498-63502 2014-25336 PROPOSED RULES Record Retention Requirements, 63585-63591 2014-25338 Restrictions on Sales of Assets by the Federal Deposit Insurance Corporation, 63580-63585 2014-25337 NOTICES Updated Listing of Financial Institutions in Liquidation, 63625 2014-25284 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 63625 2014-25519 Federal Emergency Federal Emergency Management Agency RULES Disaster Assistance: Fire Management Assistance Grant Program: Deadline Extensions and Administrative Correction, 63540-63546 2014-24802 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Dominion Transmission, Inc., 63610-63611 2014-25321 Florida Southeast Connection, LLC, 63613-63614 2014-25325 Sacramento Municipal Utility District, 63612-63613 2014-25328 Twin Lakes Canal Co.;

Original Major License, 63611-63612 2014-25329 Combined Filings, 63614-63615 2014-25342 Environmental Assessments; Availability, etc.: Tennessee Gas Pipeline Co., LLC, Proposed Connecticut Expansion Project, 63615-63617 2014-25324 Filings: Tucson Electric Power Co., 63617-63618 2014-25327 Meetings: Joint Technical Conference on New York Markets and Infrastructure, 63618-63619 2014-25323 Price Formation in Energy and Ancillary Services, Markets Operated by Regional Transmission Organizations, and Independent System Operators;

Workshop, 63621 2014-25320 Price Formation; Scarcity and Shortage Pricing, Offer Mitigation, and Offer Caps in RTO and ISO Markets; Workshop, 63619-63621 2014-25322 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 63625-63626 2014-25493 2014-25494 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Company-Run Stress Test, 63626-63628 2014-25289 Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 63628-63629 2014-25264 2014-25333 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 63629 2014-25265 Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies, 63629 2014-25332 Federal Transit Federal Transit Administration NOTICES Funding Availability: Innovative Public Transportation Workforce Development Program, Ladders of Opportunity Initiative, 63659-63663 2014-25310 Guidance:

Formula Grants for Rural Areas Application Instructions, 63663-63668 2014-25309 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Status for Dakota Skipper and Poweshiek Skipperling, 63672-63748 2014-25190 NOTICES Permit Applications: Endangered Species; Marine Mammals, 63639-63640 2014-25314 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Johnson Bar Fire Salvage, Nez Perce-Clearwater National Forest; Corrections, 63597-63598 2014-25319 General Services General Services Administration RULES Federal Acquisition Regulations:

Uniform Procurement Identification; Correction, 63562 2014-25416 Health and Human Health and Human Services Department NOTICES Guidance: Disclosing Reasonably Foreseeable Risks in Research Evaluating Standards of Care, 63629-63634 2014-25318 Historic Historic Preservation, Advisory Council NOTICES Meetings: Quarterly Business, 63634 2014-25300 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Privacy Act; Systems of Records, 63634-63635 2014-25408 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: New Construction Subterranean Termite Protection for New Homes, 63636 2014-25348 Report of Additional Classification and Rate, 63636-63637 2014-25350 Federal Properties Suitable as Facilities to Assist the Homeless, 63637-63639 2014-25112 Interior Interior Department See Fish and Wildlife Service International Trade Adm International Trade Administration NOTICES North American Free Trade Agreement Panel Reviews, 63600-63601 2014-25331 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Communications or Computing Devices and Components Thereof; Correction, 63640 2014-25349 Certain Devices Containing Non-Volatile Memory and Products Containing the Same, 63640 2014-25280 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Justice Programs Office NOTICES Proposed Consent Decrees under the Clean Air Act, 63640-63641 2014-25283 Justice Programs Justice Programs Office NOTICES Meetings:

National Coordination Committee on the American Indian/Alaska Native Sexual Assault Nurse Examiner: Sexual Assault Response Team Initiative, 63644-63645 2014-25313 Labor Department Labor Department See Employee Benefits Security Administration See Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report on Current Employment Statistics, 63645-63646 2014-25344 Labor Statistics Labor Statistics Bureau NOTICES Meetings:

Data Users Advisory Committee, 63646-63647 2014-25341 Military Compensation Military Compensation and Retirement Modernization Commission RULES Freedom of Information Act, 63497-63498 2014-25272 Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulations: Uniform Procurement Identification; Correction, 63562 2014-25416 National Endowment for the Arts NOTICES Meetings:

President's Committee on the Arts and the Humanities, 63647 2014-25282 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Reallocation of Halibut Prohibited Species Catch Allowances in the Bering Sea and Aleutian Islands Management Area, 63577-63579 2014-25366 International Fisheries; Pacific Tuna Fisheries: 2014 Bigeye Tuna Longline Fishery Closure in the Eastern Pacific Ocean;

Closure, 63562-63563 2014-25293 Northeast Multispecies Fishery Management Plan and Sector Annual Catch Entitlements: Updated Annual Catch Limits for Sectors and the Common Pool for Fishing Year 2014; Revisions, 63563-63577 2014-25307 NOTICES Meetings: Science Advisory Board, 63601 2014-25104 Requests for Nominations: Atlantic Highly Migratory Species; Advisory Panel, 63602-63603 2014-25359 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Military Readiness Activities, Northwest Training and Testing Study Area, 63610 2014-25316 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessments;

Availability, etc.: Humboldt Bay Power Plant, Unit No. 3, 63647-63649 2014-25345 Independent Spent Fuel Storage Installations: Northern States Power Co.; Prairie Island Nuclear Generating Plant, 63649-63650 2014-25356 License Renewals: Exelon Generation Co., LLC, Limerick Generating Station, Units 1 and 2, 63650-63651 2014-25365 Meetings: Advisory Committee on Reactor Safeguards, 63651-63652 2014-25343 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Government Agencies and Employees:

Federal Mediation and Conciliation Service; Order of Succession (Memorandum of October 17, 2014), 63801-63804 2014-25564 Social Security Administration; Order of Succession (Memorandum of October 17, 2014), 63805-63806 2014-25568 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63652-63654 2014-25312 Securities Securities and Exchange Commission NOTICES Applications: Tennenbaum Opportunities Fund V, LLC, et al., 63654-63657 2014-25302 Self-Regulatory Organizations;

Proposed Rule Changes: Fixed Income Clearing Corp, 63657-63659 2014-25301 State Department State Department NOTICES Performance Review Board; Member Appointments, 63659 2014-25353 Surface Transportation Surface Transportation Board NOTICES Acquisition Exemptions: Massachusetts Department of Transportation from Pan Am Southern LLC, 63668-63669 2014-25346 Transportation Department Transportation Department See Federal Aviation Administration See Federal Transit Administration See Surface Transportation Board Treasury Treasury Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Small Business Lending Fund, 63669 2014-25351 Veteran Affairs Veterans Affairs Department NOTICES Meetings: National Research Advisory Council, 63669-63670 2014-25303 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 63672-63748 2014-25190 Part III Environmental Protection Agency, 63750-63799 2014-23780 Part IV Presidential Documents, 63801-63806 2014-25564 2014-25568 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. 79 206 Friday, October 24, 2014 Rules and Regulations MILITARY COMPENSATION AND RETIREMENT MODERNIZATION COMMISSION 5 CFR Part 9901 RIN 3260-AA00 Freedom of Information Act Regulations AGENCY: Military Compensation and Retirement Modernization Commission.

ACTION: Final rule. SUMMARY: The Military Compensation and Retirement Modernization Commission (MCRMC) is issuing a final rule, establishing procedures for the public to obtain information from MCRMC under the Freedom of Information Act (FOIA). DATES: This final rule was effective October 27, 2014. FOR FURTHER INFORMATION CONTACT: Christopher Nuneviller, Associate Director, Administration and Operations, Military Compensation and Retirement Modernization Commission, at

(703)692-2080 or by email at *foia@mcrmc.gov* . SUPPLEMENTARY INFORMATION: I. Background On January 2, 2013, the President signed into law the National Defense Authorization Act for Fiscal Year 2013, Public Law 112-239, Subtitle H, 126 Stat. 1632, 1787

(2013)(amended by National Defense Authorization Act for Fiscal Year 2014, Pub. L. 113-66, Sec. 1095, 127 Stat. 672, 878 (2013)), which created the Military Compensation and Retirement Modernization Commission (MCRMC). To establish procedures to facilitate public interaction with MCRMC, the agency is issuing final regulations under FOIA. II. The Final Rule This final rule establishes procedures for MCRMC necessary to implement FOIA, 5 U.S.C. 552. FOIA provides for the disclosure of agency records and information to the public, unless that information is exempted under statutory exemptions or exclusions. The procedures established herein are intended to ensure that MCRMC fully satisfies its responsibility to the public to disclose agency information. III. Procedural Requirements These regulations establish procedures under FOIA to facilitate the interaction of the public with MCRMC. MCRMC's policy of disclosure follows the Presidential Memorandum of January 21, 2009, “Transparency and Openness,” 74 FR 4685, and the Attorney General's March 19, 2009 FOIA policy guidance, advising Federal agencies to apply a presumption of openness in FOIA decision making. This final rule parallels the procedures currently used by other agencies to implement FOIA. MCRMC has determined that good cause exists under 5 U.S.C. 553(b) and 5 U.S.C. 553(d)(3) to waive the notice and comment and delayed effective requirements of the Administrative Procedure Act to publish this regulation as a final rule with a request for comments. MCRMC is a temporary, independent establishment with statutorily defined deadlines and a limited existence. It is the intent of the agency to be as transparent as practicable in making information available to the public. This regulation establishes procedures to facilitate MCRMC's interactions with the public and the public's access to information about MCRMC. In light of this agency's limited duration, as set forth in its enabling legislation, and the need for timely access, MCRMC has decided that full notice and comment rulemaking is impracticable and contrary to public policy. The absence of FOIA regulations could impair the public's ability to access information. MCRMC has determined that this final rule should be issued without a delayed effective date pursuant to 5 U.S.C. 553(d)(3). Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. Chapter 6) do not apply. This rulemaking is not a significant regulatory action for the purposes of Executive Order 12866. Accordingly, a regulatory impact analysis is not required. Analysis of Public Comments and Final Rule MCRMC received no comments in response to the Interim final rule for MCRMC's FOIA regulations (79 FR 54567, September 12, 2014). This final rule corrects two inadvertent formatting errors in the interim final rule. List of Subjects in 5 CFR Part 9901 Administrative practice and procedure, Freedom of information, Reporting and recordkeeping requirements. Accordingly, the interim rule amending 5 CFR chapter XCIX, part 9901, which was published at 79 FR 54567 on September 12, 2014, is adopted as a final with the following changes: PART 9901—DISCLOSURE OF RECORDS AND INFORMATION 1. The authority citation for part 9901 continues to read as follows: Authority: National Defense Authorization Act for Fiscal Year 2013, Pub. L. 112-239, Subtitle H, 126 Stat. 1632, 1787

(2013)(amended by National Defense Authorization Act for Fiscal Year 2014, Pub. L. 113-66, Sec. 1095, 127 Stat. 672, 878 (2013)); 5 U.S.C. 552. 2. Amend § 9901.1 by revising paragraph (b)(1) to read as follows: § 9901.1 Authority, purpose, and scope.

(b)*Purpose.*

(1)The National Defense Authorization Act for Fiscal Year 2013, Public Law 112-239, Subtitle H, 126 Stat. 1632, 1787

(2013)(amended by National Defense Authorization Act for Fiscal Year 2014, Pub. L. 113-66, Sec. 1095, 127 Stat. 672, 878 (2013)), established the Military Compensation and Retirement Modernization Commission (MCRMC). MCRMC's purpose, pursuant to its enabling statute, is to conduct a review of the military compensation and retirement systems and to make recommendations to modernize those systems to:

(i)Ensure the long-term viability of the All-Volunteer Force by sustaining the required human resources of that force during all levels of conflict and economic conditions;

(ii)Enable the quality of life for members of the Armed Forces and the other uniformed services and their families in a manner that fosters successful recruitment, retention, and careers for members of the Armed Forces and the other uniformed services; and

(iii)Modernize and achieve fiscal sustainability for the compensation and retirement systems for the Armed Forces and the other uniformed services for the 21st century. 3. Revise § 9901.3 to read as follows: § 9901.3 Requests for records.

(a)*Generally.* Many documents are available on the MCRMC Web site and MCRMC encourages requesters to visit the Web site before making a request for records pursuant to this subpart. MCRMC will provide records to individual requesters in response to FOIA requests for records not available on its Web site.

(b)*Electronic or written requests required.* For records not available on the Web site, requesters wishing to obtain information from MCRMC should submit a request on the MCRMC Web site. If a computer is not available to the requester, a written request may be made to the MCRMC FOIA Officer. Such requests should be addressed to: FOIA Officer, Military Compensation and Retirement Modernization Commission, Post Office Box 13170, Arlington, VA 22209. As there may be delays in mail delivery, it is advisable to send the request via facsimile to

(703)697-8330 or email to *foia@mcrmc.gov.* MCRMC will communicate with the requester by email unless he or she specifies otherwise.

(c)*Contents of request.* Requests must include the following:

(1)A statement that the request is being made under FOIA, the requester's full name and address, a telephone number at which the requester can be reached during normal business hours, and an email address for the requester, if the requester has one;

(2)A description of the records sought in enough detail to allow the records to be located with a reasonable amount of effort. The request must identify/describe the records sought and include information such as date, title or name, author, recipient, and subject matter of the records sought, where possible;

(3)If submitting the request as an *educational institution,* a *non-commercial scientific institution,* or a *representative of the news media,* the request must specifically identify the organization on which the status is based, and if a free-lance representative of the news media, the requester should submit a history of past publications and/or demonstrate a solid basis for expecting publication through a news-media entity;

(4)A fee waiver, if applicable; and

(5)If the request is made by mail, the words “FOIA REQUEST” or “REQUEST FOR RECORDS” must be clearly marked on the cover letter, letter, and envelope.

(d)*Perfected requests.* MCRMC will process only perfected requests. A perfected request must meet all of the requirements of this subpart. Christopher Nuneviller, Associate Director, Administration and Operations, Military Compensation and Retirement Modernization Commission. [FR Doc. 2014-25272 Filed 10-23-14; 8:45 am]

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