Unknown. Final rule

3,174 words·~14 min read·/register/2015/03/17/2015-05899

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2015-03-17.xml --- 80 51 Tuesday, March 17, 2015 Contents Administration Administration Office, Executive Office of the President RULES Removal of Rules to Align Published Policy with Current Sources of Law, 13757-13758 2015-05899 Agriculture Agriculture Department See Forest Service PROPOSED RULES Identifying and Reducing Regulatory Burdens, 13789-13791 2015-05742 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13823-13825 2015-05992 2015-05998 Army Army Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 13836-13837 2015-06046 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13868-13869 2015-06050 Agency Information Collection Activities; Proposals, Submissions, and Approvals; Withdrawal, 13877 2015-05942 Coast Guard Coast Guard RULES Drawbridge Operations: Columbia River, Celilo, OR, and Wishram, WA, 13766-13767 2015-05886 Sloop Channel, Jones Beach, NY, 13766 2015-06148 Snohomish River and Steamboat Slough, Everett and Marysville, WA, 13765-13766 2015-06034 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration Community Living Administration Community Living Administration NOTICES Applications for New Awards:

National Institute on Disability, Independent Living, and Rehabilitation Research; Research Fellowships Program, 13870-13875 2015-05961 Meetings: Administration on Intellectual and Developmental Disabilities, Presidents Committee for People with Intellectual Disabilities; Webinar, 13853-13854 2015-06085 Defense Department Defense Department See Army Department See Navy Department Economic Development Economic Development Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Comprehensive Economic Development Strategy, 13835-13836 2015-06194 Education Department Education Department PROPOSED RULES Proposed Priorities: Investing in Innovation Fund, 13803-13806 2015-05956 NOTICES Privacy Act; Systems of Records, 13837-13839 2015-06102 Employment and Training Employment and Training Administration NOTICES Funding Availability: Face Forward 3-Intermediary and Community Grants, 13897 2015-06022 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Programs:

Data Collection and Comparison with Forecasted Unit Sales of Five Lamp Types, 13791-13794 2015-05947 NOTICES Authority to Import and Export Gas: Eni Gas Marketing, LLC, 13841-13842 2015-05950 Meetings: DOE/NSF Nuclear Science Advisory Committee, 13840-13841 2015-05953 Environmental Management Site-Specific Advisory Board, Portsmouth, 13844 2015-06088 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13843-13844 2015-06095 Engraving Engraving and Printing Bureau NOTICES Privacy Act;

Systems of Records, 13955-13956 2015-06023 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Connecticut; Low Emission Vehicle Program, 13768-13771 2015-05964 NOTICES Agreements: Murray Laundry Superfund Site, Salt Lake City, Salt Lake County, UT; Bona Fide Prospective Purchaser, 13851 2015-05960 National Pollutant Discharge Elimination System: Preliminary Designation of Certain Stormwater Discharges in New Mexico, 13852 2015-06114 Product Cancellation Orders for Certain Pesticide Registrations, 13846-13850 2015-06139 Proposal to Improve Corn Rootworm Resistance Management:

Extension of Comment Period, 13851 2015-06104 Proposed CERCLA Administrative Cost Recovery Settlement: Shaw Road Drum Site, Clyde, Ohio, 13851-13852 2015-06113 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 13758-13760 2015-05717 Flugzeugwerke Altenrheim AG

(FFA)Airplanes, 13761-13763 2015-05788 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 13799-13803 2015-05720 General Electric Company Turbofan Engines, 13797-13799 2015-05897 Federal Deposit Federal Deposit Insurance Corporation NOTICES Receivership Terminations: Southern Community Bank, Fayetteville, GA, 13852 2015-06058 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 13852-13853 2015-06147 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Community of Elfin Cove, dba Elfin Cove Utility Commission, 13842-13843 2015-06080 Declaratory Orders; Petitions: Monarch Oil Pipeline Co., LLC, 13846 2015-06028 Meetings; Sunshine Act, 13844-13846 2015-06157 Petitions for Enforcement: Winding Creek Solar, LLC, 13841 2015-06027 Preliminary Permit Applications: DBM Pipeline, LLC, 13839-13840 2015-06026 Mid-Atlantic Hydro, LLC, 13843 2015-06082 Federal Highway Federal Highway Administration NOTICES Final Federal Actions on Proposed Highway in California, 13947-13948 2015-06099 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 13853 2015-06049 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13948-13950 2015-05966 2015-05967 2015-05973 Fish Fish and Wildlife Service NOTICES National Control and Management Plan for Members of the Snakehead Family (Channidae), 13886-13887 2015-06024 Food and Drug Food and Drug Administration NOTICES Emergency Use Authorizations: In Vitro Diagnostic Device for Detection of Ebola Zaire Virus, 13854-13862 2015-06039 Guidance for Industry and Staff: Reprocessing Medical Devices in Health Care Settings; Validation Methods and Labeling, 13864-13865 2015-06029 Meetings: Vaccines and Related Biological Products Advisory Committee, 13866-13867 2015-06116 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 13957 2015-06056 Forest Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Grazing Permit Administration Forms, 13822-13823 2015-06150 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Community Living Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Resources Health Resources and Services Administration NOTICES Charter Renewals: Advisory Council on Blood Stem Cell Transplantation, 13876 2015-06007 Guidance for Industry and Staff: Low-Income Levels Used for Various Health Professions and Nursing Programs, 13879-13880 2015-06008 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Fee Waivers and Exemption, 13880-13881 2015-06032 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13950-13954, 13956-13957 2015-06002 2015-06003 2015-06006 2015-06070 2015-06071 2015-06073 Requests for Nominations: Taxpayer Advocacy Panel; Correction, 13952 2015-05999 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Ball Bearings and Parts Thereof from Japan, 13828-13829 2015-06137 Helical Spring Lock Washers from the People's Republic of China, 13833-13835 2015-05957 Polyethylene Terephthalate Film, Sheet, and Strip from the People's Republic of China, 13826-13827 2015-06127 Prestressed Concrete Steel Wire Strand from Brazil, India, Japan, the Republic of Korea, Mexico, and Thailand, 13827-13828 2015-05815 Silicomanganese from Australia, 13829-13833 2015-06142 Small Diameter Graphite Electrodes from the People's Republic of China, 13825-13826 2015-06105 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Polyethyelene Terephthalate Resin from Canada, China, India, and Oman, 13889-13890 2015-05963 Complaints: Certain Protective Cases for Electronic Devices and Components Thereof, 13891-13892 2015-06042 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal, 13890-13891 2015-06043 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Identification of Imported Explosive Materials, 13892 2015-06054 Consent Decrees under CERCLA, 13892-13893 2015-06033 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Occupational Safety and Health Act Variance Regulations, 13896-13897 2015-06045 Land Land Management Bureau NOTICES Plats of Surveys: Colorado, 13885 2015-06100 NASA National Aeronautics and Space Administration NOTICES Meetings: NASA Advisory Council; Human Exploration and Operations Committee, 13897-13898 2015-06060 NASA Advisory Council; Science Committee, 13900 2015-06061 NASA Advisory Council; Technology, Innovation and Engineering Committee, 13898-13899 2015-06062 Privacy Act; Systems of Records, 13899-13900 2015-06065 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Collaboration with the Therapeutic Development Branch, Division of Preclinical Innovation, National Center for Advancing Translational Sciences, 13870 2015-06084 Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 13878-13879 2015-06087 Surveys to Support an Evaluation of the National Human Genome Research Institute Summer Workshop in Genomics, 13865-13866 2015-06086 Meetings: Center for Scientific Review, 2015-05972 13863-13864, 13876-13877 2015-06035 2015-06036 National Heart, Lung, and Blood Institute, 2015-05970 13863 2015-05971 National Institute of Biomedical Imaging and Bioengineering, 13863 2015-05974 National Institute of Neurological Disorders and Stroke, 13854, 13875 2015-05968 2015-05969 National Institute on Minority Health and Health Disparities, 13876 2015-06037 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea and Aleutian Islands; Harvest Specifications for Groundfish, 13787-13788 C1--2015--05041 Sablefish Managed Under the Individual Fishing Quota Program, 13788 2015-06064 International Fisheries: Pacific Halibut Fisheries; Catch Sharing Plan, 13771-13787 2015-06041 PROPOSED RULES Fisheries of the Northeastern United States: Atlantic Sea Scallop Fishery and Northeast Multispecies Fishery; Framework Adjustment 26; Endangered and Threatened Wildlife; Sea Turtle Conservation, 13806-13821 2015-05650 NOTICES Takes of Marine Mammals Incidental to Specified Activities: Marine Geophysical Survey in the Northwest Atlantic Ocean, Offshore New Jersey, June to August, 2015, 13962-13993 2015-05913 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 2015-06025 13884-13885, 13888-13889 2015-06030 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 13900-13901 2015-06155 Navy Navy Department NOTICES Exclusive Patent Licenses: Vivinostics LLC, 13837 2015-06101 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Requirement to Submit Complete and Accurate Information, 13794-13797 2015-06107 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Export/Import License, Amendment, Renewal or Consent Request(s), 13901-13902 2015-06014 Facility Operating and Combined Licenses: Applications and Amendments Involving No Significant Hazards Considerations, 13902-13920 2015-05994 Meetings; Sunshine Act, 13902 2015-06188 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13893-13894 2015-06001 Requests for Nominations: Whistleblower Protection Advisory Committee, 13894-13896 2015-06000 Postal Service Postal Service RULES Clarification of Content Eligibility for Standard Mail Marketing Parcels, 13767-13768 2015-05885 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS National Defense Authorization Act for FY 2015; Delegation of Authority (Memorandum of March 12, 2015), 13755 2015-06253 Railroad Retirement Railroad Retirement Board RULES Restructuring of the Office of Programs; Elimination of Regional Offices, 13763-13764 2015-05888 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13920-13922 2015-06140 2015-06167 Science Technology Science and Technology Policy Office NOTICES Meetings: National Science and Technology Council, 13922 2015-06098 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13922-13923, 13927, 13946-13947 2015-05982 2015-05983 2015-05985 2015-05986 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange, LLC, 13930-13934 2015-06017 2015-06020 CBOE Futures Exchange, LLC, 13934-13936 2015-06013 Financial Industry Regulatory Authority, Inc., 13922, 13940-13943 2015-06012 2015-06090 Miami International Securities Exchange, LLC, 13927-13929, 13938-13940 2015-06009 2015-06010 NASDAQ OMX PHLX, LLC, 13923-13925 2015-06011 NASDAQ Stock Market LLC, 13925-13927 2015-06015 NYSE MKT, LLC, 13929-13930 2015-06016 Options Clearing Corp., 13936-13938 2015-06019 Self-Regulatory Organizations; Proposed Rule Changes:, NASDAQ Stock Market LLC, 13943-13946 2015-06018 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13867-13868 2015-06038 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2015-06048 13885-13889 2015-06096 2015-06051 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Areas Designated by Act of Congress, 13887 2015-06047 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration Treasury Treasury Department See Engraving and Printing Bureau See Foreign Assets Control Office See Internal Revenue Service RULES Privacy Act; Systems of Records; Implementation, 13764-13765 2015-06021 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2015-06004 2015-06005 13953-13955 2015-06059 Customs U.S. Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditation and Approvals: Inspectorate America Corp., 13881-13882 2015-06083 Intertek USA, Inc., 13883-13884 2015-06218 NMC Global Corp., 2015-06076 13881, 13883 2015-06221 Veteran Affairs Veterans Affairs Department NOTICES Funding Availabilities: Supportive Services for Veteran Families Program, 13958-13959 2015-05941 Meetings: MyVA Federal Advisory Committee, 13957-13958 2015-06040 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 13962-13993 2015-05913 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. 80 51 Tuesday, March 17, 2015 Rules and Regulations EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF ADMINISTRATION 3 CFR Part 101 5 CFR Chapter XV RIN 0300-AA00 Removal of Published Rules To Align Published Policy with Current Sources of Law AGENCY: Office of Administration, Executive Office of the President. ACTION: Final rule. SUMMARY: The Executive Office of the President, Office of Administration, is removing regulations from the Code of Federal Regulations related to the status of records created and maintained by the Executive Office of the President. This action is being taken in order to align Office of Administration policy with well-settled legal interpretations of the Office of Administration's status under Federal law and Executive Orders, including the Freedom of Information Act, the Privacy Act of 1974, and Executive Order 13526. The Office of Administration, as an entity whose sole function is to advise and assist the President of the United States, is not an agency under the Freedom of Information Act or the Privacy Act of 1974, nor does its implementation of Executive Order 13526 affect members of the public. Accordingly, the provisions of the Code of Federal Regulations to be removed are without legal effect. DATES: This rule is effective March 17, 2015. FOR FURTHER INFORMATION CONTACT: Hugh L. Brady, General Counsel, Executive Office of the President, Office of Administration, 202-395-1268. SUPPLEMENTARY INFORMATION: The Executive Office of the President, Office of Administration, removes the following provisions from the Code of Federal Regulations: Chapter XV, title 5, comprising 5 CFR parts 2500, 2502, and 2504; and 3 CFR 101.3. This action is being taken in order to implement well-settled legal interpretations of the Office of Administration's status under Federal law and Executive Orders, including the Freedom of Information Act, the Privacy Act of 1974, and Executive Order 13526. The Office of Administration, as an entity whose sole function is to advise and assist the President of the United States, is not an agency within the meaning of 5 U.S.C. 552(f), and thus is not subject to the Freedom of Information Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C. 552a). The Office of Administration's implementation of Executive Order 13526 does not affect members of the public and the Office of Administration is therefore not required to publish its internal policies. Accordingly, the provisions of the Code of Federal Regulations to be removed are without legal effect. This rule removing 5 CFR parts 2500, 2502, and 2504, and 3 CFR 101.3 is issued pursuant to, among other authorities, *C.R.E.W.* v. *Office of Admin.,* 566 F.3d 219 (D.C. Cir. 2009); *Whether the Office of Admin. Is an “Agency” for Purposes of Freedom of Information Act,* 31 Op. O.L.C. (Aug. 21, 2007); *Franklin* v. *Mass.,* 505 U.S. 788 (1992); and *Kissinger* v. * Reporters Comm. for Freedom of the Press,* 445 U.S. 136 (1980). In *C.R.E.W.,* the United States Court of Appeals for the District of Columbia Circuit held that the Office of Administration is not an agency within the meaning of 5 U.S.C. 552(f). Accordingly, the Office of Administration is not an agency for purposes of the Freedom of Information Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C. 552a). All records of the Office of Administration are Presidential records under the Presidential Records Act, 44 U.S.C. 2201-2207, and are not available to the public until the fifth anniversary of the last year of an Administration. Additionally, Office of Administration procedures recorded at 5 CFR part 2500 reflect an internal process that has been discontinued. The Office of Administration does not have regulations implementing Executive Order 13526 that affect members of the public and is therefore not required to publish its internal policies. This rule removes all rules previously issued by the Executive Office of the President, Office of Administration, that are without legal effect under well-settled interpretations of the law by the courts, the Department of Justice, and the current provisions of Executive Order 13526. The Office of Administration therefore removes chapter XV, title 5 and 3 CFR 101.3. Notice and Comment Requirements The provisions of the Administrative Procedure Act requiring notice of proposed rulemaking, the opportunity for public participation, and a 30-day delay in effective date set forth in 5 U.S.C. 553 are inapplicable because they are “unnecessary” under 5 U.S.C. 553(b)(B) and the United States Court of Appeals for the District of Columbia Circuit's holding in *C.R.E.W.* The court's holding in *C.R.E.W.* clarifies that the Freedom of Information Act has no legal effect on the Office of Administration because the Office of Administration is not an agency within the meaning of 5 U.S.C. 552(f). This rule is published solely to align relevant provisions of the Code of Federal Regulations with well-settled law. Thus, this rule involves no agency discretion, so notice of proposed rulemaking, the opportunity for public participation, and a 30-day delay in effective date would be unnecessary. If this rulemaking were delayed to allow for notice and comment and a 30-day delay in effectiveness, it would delay alignment of the Code of Federal Regulations with existing Federal law as interpreted by the courts, the Department of Justice, and the current provisions of Executive Order 13526, as well as Office of Administration policy. Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be issued for this rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under the Administrative Procedure Act or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612) are not applicable. Therefore, this regulation is issued in final form. Rulemaking Requirements Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This rule has not been designated a “significant regulatory action” under Executive Order 12866. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521), unless that collection of information displays a currently valid Office of Management and Budget Control Number. This rule does not involve any collection of information subject to the Paperwork Reduction Act. This rule does not contain “policies that have federalism implications” as that term is defined under Executive Order 13132. List of Subjects 3 CFR Part 101 Freedom of information. 5 CFR Part 2500 Classified information. 5 CFR Part 2502 Courts, Freedom of information. 5 CFR Part 2504 Privacy. Accordingly, under the authority of 5 U.S.C. 553 and as discussed in the preamble, amend 3 CFR part 101 and chapter XV of title 5 of the Code of Federal Regulations as follows. Title 3—The President CHAPTER I—EXECUTIVE OFFICE OF THE PRESIDENT PART 101—PUBLIC INFORMATION PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT 1. The authority citation for part 101 continues to read as follows: Authority: 5 U.S.C. 552. § 101.3 [REMOVED] 2. Remove § 101.3. Title 5—Administrative Personnel CHAPTER XV—[REMOVED] 3. Remove chapter XV, consisting of parts 2500 through 2599. Dated: February 23, 2015. Beth A. Jones, Deputy Assistant to the President, Director, Office of Administration. [FR Doc. 2015-05899 Filed 3-16-15; 8:45 am]

Connectionstraces to 7

Traces to 7 documents