[Federal Register Volume 79, Number 145 (Tuesday, July 29, 2014)]
[Proposed Rules]
[Pages 43994-43998]
[FR Doc No: 2014-17232]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 154

[Docket No. RM14-21-000]

Natural Gas Act Pipeline Maps

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Federal Energy Regulatory Commission (Commission or FERC)
is proposing to amend the filing requirements for natural gas pipeline
system maps. Under current regulations, natural gas pipelines must
include a system map as part of their tariff on file with the
Commission, and file an updated map by the following April for any year
that there is a major change in the pipeline's system. Additionally,
this map must be posted on the pipeline's own Web site. In order to
reduce regulatory burden on these pipelines, the Commission proposes to
eliminate the requirement to file a map as part of the tariff, leaving
only the requirement to maintain a map on the pipeline's own Web site.
    Furthermore, in order to promote transparency, the Commission
proposes to change the deadline for updating system maps. Currently, if
a pipeline experiences a major change that renders its existing map
obsolete, it must make a tariff filing no later than April 30 of the
subsequent calendar year. The Commission proposes a quarterly deadline
for updating pipeline maps.

DATES: Comments are due September 29, 2014.

ADDRESSES: Comments, identified by docket number, may be filed in the
following ways:
     Electronic Filing through http://www.ferc.gov. Documents
created electronically using word processing software should be filed
in native applications or print-to-PDF format and not in a scanned
format.
     Mail/Hand Delivery: Those unable to file electronically
may mail or hand-deliver comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT: Damien Gaul (Technical Issues), 888
First Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Vince Mareino (Legal Issues), 888 First Street
NE., Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background..............................................            2
II. Discussion.............................................            5
    A. Proposed Changes....................................            5
    B. Scope...............................................           10
III. Information Collection Statement......................           13
IV. Environmental Analysis.................................           18
V. Regulatory Flexibility Act..............................           19
VI. Comment Procedures.....................................           21
VII. Document Availability.................................           25

    1. The Federal Energy Regulatory Commission (Commission or FERC) is
proposing to revise its regulations regarding the requirement that
interstate natural gas pipelines subject to our jurisdiction under the
Natural Gas Act (NGA) \1\ file the system maps as part of their
tariffs. Currently, pursuant to sections 154.103 and 154.106 of our
regulations,\2\ natural gas pipelines must have a system map in their
tariffs on file with the Commission and, pursuant to section
284.12(a)(1)(v),\3\ on the tariff section of their Web sites. In order
to reduce regulatory burden on these pipelines, the Commission proposes
to eliminate the requirement that natural gas pipelines have a system
map on file with the Commission but retain the requirement to post the
system map on their Web sites. Furthermore, in order to promote
transparency, the Commission is also proposing to change the deadline
for updating maps. Natural gas pipeline companies would be required to
update the map on their Web site within the calendar quarter of any
major system change instead of annually by April 30.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 717.
    \2\ 18 CFR 154.103 and 154.106 (2013).
    \3\ 18 CFR 284.12(a)(1)(v) (2013).
---------------------------------------------------------------------------

I. Background

    2. The Commission has required natural gas pipelines to include
system maps in their tariffs since 1948.\4\ The Commission made
clarifying modifications to the original regulation in 1995,\5\ and
edits to accommodate electronic tariff filing (eTariff) in 2008.\6\ The
current-day map publication regulation, 18 CFR 154.106, states: a. The
map must show the general geographic location of the company's
principal pipeline facilities and of the points at which service is
rendered under the tariff. The boundaries of any rate zones or rate
areas must be shown and the areas or zones identified. The entire
system should be displayed on a single map. In addition, a separate map
should be provided for each zone. b. [Reserved]. c. The map must be
revised to reflect any major changes. The revised map must be filed no
later than April 30 of the calendar year after the major change.\7\
---------------------------------------------------------------------------

    \4\ Amendment of Regulations and Approved Forms Under the
Natural Gas Act, to Prescribe Revised Rules Governing the Form,
Composition, Filing, and Posting of Rate Schedules and Tariffs for
the Transportation or Sale of Natural Gas Subject to the
Jurisdiction of the Commission, Order No. 144, 13 FR 6371, 6374
(issued Oct. 28, 1948, published Oct. 30, 1948, corrected Nov. 12,
1948).
    \5\ Filing and Reporting Requirements for Interstate Natural Gas
Company Rate Schedules and Tariffs, Order No. 582, 60 FR 52,960,
FERC Stats. & Regs. ] 31,025 (1995).
    \6\ Electronic Tariff Filings, Order No. 714, 73 FR 57,515, FERC
Stats. & Regs. ] 31,276 (2008) clarified, Order No. 714-A, 147 FERC
] 61,115 (2014).
    \7\ 18 CFR 154.106.
---------------------------------------------------------------------------

    3. As with other parts of tariffs, pipeline system maps must be
filed with the Commission solely in electronic format. Order No. 714
required that all natural gas pipeline tariffs and tariff revisions,
including those concerning system maps, be filed electronically
according to a set of standards developed in conjunction with the North
American Energy Standards Board (NAESB).\8\ Moreover, under NAESB
Wholesale Gas Quadrant Standard 4.3.23, and as incorporated by
reference in section 284.12(a)(1)(v) of the Commission's
regulations,\9\ each pipeline must display its entire tariff (including
the map) on its Web site. Pipeline system maps, however, are often
created using specialized software, and can be densely populated with
data. These factors have created constraints in the ability of
pipelines to file maps as part of their electronically filed tariffs.
For example, eTariff limits the size of all individual tariff records
to 10 megabytes.\10\ Further, system maps may only be filed in one of
two electronic formats, RTF or PDF.\11\ In practice, it is technically
difficult to create and file a map in RTF. Further, pipelines have
informed Commission Staff that converting their maps to a small-size
PDF often compels them to reduce the quality of the maps.
---------------------------------------------------------------------------

    \8\ Order No. 714, FERC Stats. & Regs. ] 31,276 at P 1.
    \9\ 18 CFR 284.12(a)(1)(v).
    \10\ See Implementation Guide for Electronic Filing of Parts 35,
154, 284, 300, and 341 Tariff Filings (April 29, 2014) Data
Dictionary, Record Binary Data, available at <http://www.ferc.gov/docs-filing/etariff/implementation-guide.pdf>.
    \11\ Id. at Data Dictionary, Record Content Type Code. RTF
refers to Rich Text Format which is a standardized textual formal
that can be produced by a number of word processors. PDF refers to
Portable Document Format, which is a format used for representing
documents that closely resembles the original formatting of the
document.
---------------------------------------------------------------------------

    4. As noted, the current regulation requires the filing of an
updated map only if there is a major change, and thus not all pipelines
have major changes requiring such a filing every year. Over the past
three years, the Commission received an average of 21 filings per year
that were exclusively pursuant to section 154.106. Additionally,
pipelines sometimes file system maps intermittently throughout the year
as part of more general tariff filings.

II. Discussion

A. Proposed Changes

    5. The Commission proposes two changes to the gas pipeline map

regulations with the aim of promoting transparency and reducing
regulatory burden. In an effort to reduce regulatory burden, the
Commission proposes to eliminate the requirement that system maps be
filed in as part of natural gas pipeline tariffs. In the place of
system maps, the Commission proposes to require that pipelines provide
a tariff record that contains a Web site address, or uniform resource
locator (URL) reference, to the pipeline's publicly available Web site
where maps may be accessed. The Commission proposes that natural gas
pipelines post their system maps on the Informational Postings portion
of their respective Web sites in accordance with applicable NAESB
standards. Upon the adoption of this rule, NAESB should also consider
whether additional standards are needed to assure accessibility and
uniformity in the presentation of the maps.
    6. The proposal to eliminate the map filing requirement effectively
renders the April 30 regulatory deadline obsolete. Thus, in order to
ensure a higher level of transparency, the Commission proposes to
require pipelines to update system maps more promptly, so that
customers and potential customers can obtain a realistic picture of the
pipeline's configuration, its zone boundaries, and the areas to which
its rates apply. While zone boundaries do not often change, the markets
pipelines serve do change more frequently as pipelines add laterals,
extend mainlines, abandon plant or change operations. Requiring
pipelines to update their maps in the calendar quarter that they
implement a major system change will enhance transparency by ensuring
that shippers have an accurate depiction of the pipeline in a timelier
manner.
    7. Pursuant to the Commission's current regulatory structure,
pipelines must already provide new tariff language or maps in
advance.\12\ While we continue to encourage such promptness, for the
purposes of section 154.106, the Commission proposes to reduce the
current lag period to a calendar quarter.\13\ Because it is relatively
rare for pipelines to engage in major changes that require new maps
more than once a year, this change should only slightly increase the
number of Web site map updates but it will increase the public's
confidence that a pipeline's map is up-to-date and relevant.
Furthermore, connecting map update deadlines to the calendar quarter
will assist those pipelines that prefer specified calendar dates for
their compliance obligations. Accordingly, the Commission proposes to
define the new deadline as follows (new language in bold): ``The map
must be revised to reflect any major change no later than the end of
the calendar quarter of the major change.''
---------------------------------------------------------------------------

    \12\ Currently, section 4 of the Natural Gas Act obligates
pipelines to announce the proposed tariff changes to terms,
conditions, and rates at least 30 days before the change goes into
effect. Pipelines often include maps with these filings in order to
meet the burden of demonstrating justness and reasonableness. Most
filings under section 7 of the Natural Gas Act expressly require a
map, as per Commission regulations. E.g., 18 CFR 157.208, 157.211,
157.213, 157.214, 157.215, 157.216 (2013).
    \13\ ``Calendar quarter'' has its standard meaning, as used,
e.g., in 18 CFR 141.400 and 284.126 (2013): January 1 through March
31, April 1 through June 30, July 1 through September 30, and
October 1 through December 31.
---------------------------------------------------------------------------

    8. Furthermore, just as all tariff records, including tariff maps,
must have an effective date under the current regulations, the
Commission will also require Web site maps to display an effective
date. Pipelines are also permitted to display maps showing past,
future, or hypothetical operations, so long as these maps are clearly
labeled as such.
    9. The Commission is taking this action as part of our commitment
to continually review our regulations and eliminate those requirements
that impose an unnecessary burden on regulated entities. We find that
our proposal to have pipelines incorporate the system map by reference
to a location on their Web sites will retain all of the transparency
and consumer safeguards embodied in the Commission's existing
regulations. However, it will eliminate approximately 21 filings each
year, and the concomitant technical burdens of conforming maps to the
eTariff requirements, thereby reducing the regulatory burden on the
pipelines and the Commission.

B. Scope

    10. The Commission emphasizes that the only change contemplated by
this Proposed Rule is to the filing requirements for system maps in the
eTariff system, sections 154.103 and 154.106 of the Commission's
regulations. Other filing requirements, including the system flow
diagrams and maps in Form 567,\14\ Exhibits F and G,\15\ and Exhibits V
and Z,\16\ are unchanged and are not the subject of this proceeding.
---------------------------------------------------------------------------

    \14\ 18 CFR 260.8 (2013).
    \15\ 18 CFR 157.14(a)(6) through (9) (2013).
    \16\ 18 CFR 157.18(c) and (g) (2013).
---------------------------------------------------------------------------

    11. Additionally, this Proposed Rule does not affect the
substantive content of the map, as defined in the existing regulation
(e.g., ``general geographic location'' and ``the boundaries of any rate
zones or rate areas must be shown''). Nor does it affect the triggering
event for filing a new map (i.e., ``major change''). By freeing
pipelines of the need to convert their maps into small-sized RTF or PDF
files, the Commission predicts that the overall quality of pipeline
maps will improve without the need for prescriptive regulation.
    12. The Commission proposes that, on the first day of the calendar
quarter that starts 90 days after the Final Rule is published in the
Federal Register, all pipelines would file a compliance tariff filing.
This compliance filing would revise their respective tariffs to remove
their system maps and provide the Web site address or URL reference.
Assuming that pipelines do not change their URL reference, all future
map updates should be able to be made without need for making any
filing with the Commission.

III. Information Collection Statement

    13. The following collections of information contained in this
proposed rule are being submitted to the Office of Management and
Budget (OMB) for review under section 3507(d) of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3507(d).
    14. The Commission solicits comments on the Commission's need for
this information, whether the information will have practical utility,
the accuracy of the provided burden estimates, ways to enhance the
quality, utility, and clarity of the information to be collected, and
any suggested methods for minimizing respondents' burden, including the
use of automated information techniques.
    15. The following burden estimates reflect the time necessary for
respondents to update their tariffs according to this proposed rule, as
well as the burden reduction as respondents will no longer have to file
system map adjustments. Also, there is a small burden increase to
account for the proposed requirement that pipelines update their system
maps on a more frequent basis than annually. The Commission bases the
estimated number of respondents on the number of Natural Gas Act
jurisdictional companies with tariffs on file, accounting for companies
that have waivers. The Commission assumes that in the first year the
only difference in burden for respondents is to make the one time
tariff changes estimated at eight hours per respondent. In each year,
starting in the second, the Commission estimates that approximately 21
respondents per year will experience a four hour reduction in

burden from no longer filing system map adjustments with the
Commission. Also starting in the second year, the Commission estimates
that approximately four respondents will see an increase of four hours
per year in order to update their maps more frequently. The following
table shows the proposed rule burden hour impact.

----------------------------------------------------------------------------------------------------------------
                                                   Total number    Burden hours    Total annual    Total annual
                                                   of responses    per response    burden hours      cost \17\
                                                        (A)             (B)        (C) = (A)*(B)   =(C)*($/hour)
----------------------------------------------------------------------------------------------------------------
One-time tariff filing (year 1).................             165               8           1,320  $168,960 ($128/
                                                                                hr)
Burden Reduction (year 2 and beyond)............              21               4             -84         -$5,124
                                                                                ($61/hr)
Additional burden for more frequent map updates                4               4              16            $976
 (year 2 and beyond)............................                                                        ($61/hr)
    Total--Year 1...............................             165               8           1,320        $168,960
    Total--Year 2 and beyond....................             -17               4             -68         -$4,148
----------------------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------

    \17\ The estimates for Total Annual Cost are derived using the
following formula: Total Annual Burden Hours * $ per Hour = Total
Annual Cost. For the one-time tariff filing the hourly loaded (wage
plus benefits) wage is $128 and is based on the loaded wage of an
attorney. For the burden reduction and additional updates the hourly
loaded wage is $61 and is based on the loaded wage of a civil
engineer and a computer/math specialist. The hourly wage figures
come from the Bureau of Labor Statistics (BLS) at <http://www.bls.gov/oes/current/naics2_22.htm> and the benefits are
calculated using BLS information at <http://www.bls.gov/news.release/ecec.nr0.htm>. Each response to the proposed regulation
in Column A is expected to correspond to a unique respondent. As a
result, total number of responses equals the expected total number
of respondents.
---------------------------------------------------------------------------

    Title: FERC-545, Gas Pipeline Rates: Non Formal.
    Action: One-time filing and reduced future filings.
    OMB Control Number: 1902-0154.
    Respondents: Natural Gas Pipelines.
    Frequency of Responses: One-time implementation and future
reduction in number of responses. Responses are mandatory.
    Necessity of Information: The proposals in this Proposed Rule
would, if implemented, reduce the burden of interstate natural gas
pipelines resulting from compliance with the Commission's regulations.
    Internal Review: The Commission has reviewed the requirements
pertaining to proposed modification of the Commission's regulations and
made a preliminary determination that the proposed revisions are
necessary to reduce the burden imposed by the Commission on the natural
gas industry. The Commission has assured itself, by means of its
internal review, that there is specific, objective support for the
burden estimates associated with the information requirements.
    16. Interested persons may obtain information on the reporting
requirements by contacting the following: Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426 [Attention:
Ellen Brown, Office of the Executive Director, email:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>, fax:<PHONE_NUMBER>].
    17. Comments concerning the collection of information and the
associated burden estimate, should be sent to the Commission in this
docket and to the Office of Management and Budget, Office of
Information and Regulatory Affairs, Washington, DC 20503 [Attention:
Desk Officer for the Federal Energy Regulatory Commission, telephone:
(202) 395-4638, fax:<PHONE_NUMBER>].

IV. Environmental Analysis

    18. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\18\ The
Commission has categorically excluded certain actions from these
requirements as not having a significant effect on the human
environment.\19\ The actions proposed here fall within categorical
exclusions in the Commission's regulations for rules that are
clarifying, corrective, or procedural, for information gathering,
analysis, and dissemination, and for sales, exchange, and
transportation of natural gas that requires no construction of
facilities.\20\ Therefore, an environmental assessment is unnecessary
and has not been prepared as part of this NOPR.
---------------------------------------------------------------------------

    \18\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
    \19\ 18 CFR 380.4 (2013).
    \20\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 380.4(a)(27)
(2013).
---------------------------------------------------------------------------

V. Regulatory Flexibility Act

    19. The Regulatory Flexibility Act of 1980 (RFA) \21\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
The RFA mandates consideration of regulatory alternatives that
accomplish the stated objectives of a proposed rule and that minimize
any significant economic impact on a substantial number of small
entities. The Small Business Administration's (SBA) Office of Size
Standards develops the numerical definition of a small business.\22\
The SBA has established a size standard for pipelines transporting
natural gas, stating that a firm is small if its annual receipts are
less than $25.5 million.\23\
---------------------------------------------------------------------------

    \21\ 5 U.S.C. 601-612.
    \22\ 13 CFR 121.101 (2013).
    \23\ 13 CFR 121.201, subsection 486.
---------------------------------------------------------------------------

    20. The changes proposed here only impact interstate pipelines.
Approximately 165 entities would be potential respondents subject to
data collection FERC-545 reporting requirements. More than half of
these entities are large entities. Using 2013 revenue data from the
Form 2 and 2A, the Commission estimates that 19 percent or 26 total
pipelines not affiliated with larger companies had annual revenues of
less than $25.5 million. Moreover, these changes are designed to
benefit all customers, including small businesses. The Commission
estimates that the one-time cost per small entity is $1,024.\24\ In the
future, small entities should see a cost savings related to avoiding
filing requirements related to system maps. The Commission does not
consider the estimated $1,024 impact per entity to be significant.
Accordingly, pursuant to Sec.  605(b) of the RFA, the Commission
certifies that this proposed rule should not have a significant
economic impact on a substantial number of small entities.
---------------------------------------------------------------------------

    \24\ See the Information Collection section for further
explanation.
---------------------------------------------------------------------------

VI. Comment Procedures

    21. The Commission invites interested persons to submit written
comments on the proposed regulation modifications promulgated in this
NOPR, as well as

any related matters or alternative proposals that commenters may wish
to discuss. Comments are due September 29, 2014. Comments must refer to
Docket No. RM14-21-000, and must include the commenter's name, the
organization they represent, if applicable, and their address. Comments
may be filed either in electronic or paper format.
    22. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's Web site at <http://www.ferc.gov>. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
    23. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    24. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability Section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.

VII. Document Availability

    25. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page <http://www.ferc.gov and in the Commission's Public Reference Room
during normal business hours (8:30 a.m. to 5:00 p.m. Eastern time) at
888 First Street NE., Room 2A, Washington, DC 20426.
    26. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
    27. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
List of Subjects in 18 CFR Part 154

    Natural Gas, Pipelines, Reporting and recordkeeping requirements.

    By direction of the Commission.

    Issued: July 17, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    In consideration of the foregoing, the Commission proposes to amend
Part 154, Chapter I, Title 18, Code of Federal Regulations, as follows:

PART 154--RATE SCHEDULES AND TARIFFS

0
1. The authority citation for part 154 continues to read as follows:

    Authority:  15 U.S.C. 717-717w; 31 U.S.C. 9701; 42 U.S.C. 7102-
7352.
0
2. Revise Sec.  154.103(a) to read as follows:

Sec.  154.103  Composition of tariff.

    (a) The tariff must contain sections, in the following order: A
table of contents, a preliminary statement, a uniform resource locator
for the Internet address of a map of the system, currently effective
rates, composition of rate schedules, general terms and conditions,
form of service agreement, and an index of customers.
* * * * *
0
3. Revise Sec.  154.106 to read as follows:

Sec.  154.106  Map.

    (a) The tariff must state a uniform resource locator on the
pipeline's Internet Web site, at which the general public may display
and download system map(s).
    (b) The map must show the general geographic location of the
company's principal pipeline facilities and of the points at which
service is rendered under the tariff. The boundaries of any rate zones
or rate areas must be shown and the areas or zones identified. The
entire system should be displayed on a single map. In addition, a
separate map should be provided for each zone.
    (c) The map must be revised to reflect any major change no later
than the end of the calendar quarter of the major change.
[FR Doc. 2014-17232 Filed 7-28-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)]
[Proposed Rules]
[Pages 11350-11355]
[FR Doc No: 2015-04299]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 702

[Docket No. 140501396-4396-01]
RIN 0694-AG17

U.S. Industrial Base Surveys Pursuant to the Defense Production
Act of 1950

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Proposed rule

-----------------------------------------------------------------------

SUMMARY: This proposed rule would set forth the policies and procedures
of the Bureau of Industry and Security (BIS) for conducting surveys to
obtain information in order to perform industry studies assessing the
U.S. industrial base to support the national defense pursuant to the
Defense Production Act of 1950, as amended. Specifically, this proposed
rule would provide a description of: BIS's authority to issue surveys;
the purpose for the surveys and the manner in which such surveys are
developed; the confidential treatment of submitted information; and the
penalties for non-compliance with surveys. This rule is intended to
facilitate compliance with surveys, thereby resulting in stronger and
more complete assessments of the U.S. industrial base.

DATES: Comments must be received no later than May 4, 2015.

FOR FURTHER INFORMATION CONTACT: Jason Bolton, Trade and Industry
Analyst, Office of Technology Evaluation, phone:<PHONE_NUMBER> email:
<EMAIL_ADDRESS>or Brad Botwin, Director, Industrial Base
Studies, Office of Technology Evaluation, phone:<PHONE_NUMBER> email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Pursuant to authorities under Sec.  705 of the Defense Production
Act of 1950 as amended (DPA) (50 U.S.C. app. 2155) and Sec.  104 of
Executive Order 13603 of March 16, 2012 (National Defense Resources
Preparedness, 77 FR 16651, 3 CFR, 2012 Comp., p. 225), the Bureau of
Industry and Security (BIS) conducts studies that assess the
capabilities of the U.S. industrial base to support the national
defense. To produce these studies, BIS may issue surveys to collect
detailed information related to the health and competitiveness of the
U.S. industrial base from government sources and private individuals or
organizations.
    This proposed rule sets forth procedures intended to facilitate the
accurate and timely completion of surveys issued by BIS to collect data
for these studies. This rule sets forth in a single part of the Code of
Federal Regulations the information about BIS's authority to conduct
the studies, the authority to issue surveys to gather data in support
of the studies, the purpose of the surveys and the manner in which such
surveys are developed, the confidential treatment of submitted
information, and the penalties for non-compliance with surveys.
    Additionally, this rule explains BIS's procedures for verifying
that the scope and purpose of the surveys are well defined, and assures
that the surveys do not solicit data that duplicates adequate and
authoritative data that is available to BIS from any federal or other
responsible agency. A survey may require the submission of information
similar or identical to information possessed by another federal agency
but that is not available to BIS.
    Based on requests it receives from U.S. Government agencies, BIS
produces studies to develop findings and policy recommendations for the
purpose of improving the competitiveness of specific domestic
industries and technologies critical to meeting national defense and
essential civilian requirements. These studies may require surveys to
collect relevant data and assessments of that data and other
information available to BIS.
    BIS, in cooperation with the requesting agency, selects the persons
to be surveyed based on the likelihood that they will have information
relevant to a study. That likelihood is related to the person's
association with the industry sector, material, product, service or
technology that is the subject of the study. That association may be
based on factors such as the person's role in directly or indirectly
providing, producing, distributing, utilizing, procuring, researching,
developing, consulting or advising on, the industry sector, material,
product, service or technology that is the subject of the study.
    Whether a person's association with the industry sector, material,
product, service or technology being assessed is proximate or remote
does not determine whether that person's association is sufficient for
inclusion in the survey. For example, information about a supplier of
raw materials or components that is several transactions removed from
the production of the product that is the subject of a study may be
relevant to assessing the capabilities of the U.S. industrial base to
supply the product to support the national defense. In such a
situation, the supplier would be included in the survey. The nature of
the person from whom the information is sought also does not determine
whether that person's association with the industry sector, material,
product, service or technology at issue is sufficient for inclusion in
the survey. Surveys may require information from businesses organized
for profit, non-profit organizations, academic institutions and
government agencies.
    To be useful, a study must be comprehensive, accurate and focused
on the relevant industry sector, material, product, service or
technology. Therefore, surveys may require information about
employment, research and development, sources of supply, manufacturing
processes, customers, business strategy, finances and other factors
affecting the industry's health and competitiveness. To properly focus
the survey on the industry sector, material, product, service or
technology being assessed, BIS may request information about a
corporation as a whole or information about one or more specified units
or individual activities of that corporation. The DPA provides both a
civil remedy and criminal penalties that may be used when recipients of
surveys do not supply the information sought.
    BIS deems the information supplied in response to survey requests
to be confidential and is prohibited by law from publishing or
disclosing such information unless the Under Secretary for Industry and
Security determines that withholding the information is contrary to the
interest of the national defense. The authority to make this
determination, which Sec.  705(d) of the DPA gives to the President,
has been delegated to relevant agencies, including the Secretary of
Commerce, by Sec.  802 of Executive Order 13603. The Secretary of
Commerce re-delegated this authority to the Under Secretary for
Industry and Security. The DPA provides criminal penalties for any
person who willfully violates its prohibition on publication or
disclosure.

Section by Section Description of the Proposed Rule

    This proposed rule would create a new part in Title 15, Chapter
VII,

Subchapter A of the Code of Federal Regulations to be designated as 15
CFR part 702. This new part would be devoted exclusively to BIS's
collection of information under Sec.  705 of the DPA (50 U.S.C. app.
2155). Placing the new part in Subchapter A would promote an orderly
and logical regulatory structure because all other regulations
implementing BIS authorities related to the DPA are contained in that
subchapter.

Section 702.1

    Section 702.1 would set forth a general description of BIS'
authority to collect information needed to complete the surveys. The
survey responses assist BIS in determining the capabilities of the
industrial base to support the national defense and to develop policy
recommendations to improve both the international competitiveness of
specific domestic industries and their ability to meet national defense
needs.

Section 702.2

    Section 702.2 would implement the requirement to publish
regulations found in Sec.  705 of the DPA (50 U.S.C. app. 2155(a)) by
requiring BIS personnel of appropriate competence and authority to
ensure that before a survey is sent to any person for completion; (1)
the scope and purpose of a survey have been established, (2) the scope
and purpose are consistent with BIS's authorities under the DPA, and
(3) the data requested by the survey does not duplicate adequate and
authoritative data available to BIS from a federal or other
authoritative source. A survey may require information that is similar
or identical to information possessed by other federal agencies but not
available to BIS. The section does not limit the factors that may be
considered in deciding whether to conduct a survey nor does it modify
or replace the requirements of the Paperwork Reduction Act. In
addition, all surveys are reviewed by BIS and by the Office of
Management and Budget (OMB) pursuant to the Paperwork Reduction Act
before they are distributed. The OMB review process provides additional
assurance that surveys are designed to collect only information deemed
necessary to meet the scope and purpose of a study.

Section 702.3

    Section 702.3 would address the confidentiality requirements
imposed by Sec.  705(d) of the DPA (50 U.S.C. app. 2155(d)) and, in
accordance with that section, would provide two procedures by which the
restrictions on disclosure in Sec.  705(d) would be invoked. First,
consistent with its current practice, BIS would deem all information
submitted in response to a survey to be confidential. Second, a person
submitting a response to a survey may request confidential treatment of
the information submitted. Although the second procedure is likely to
be redundant of the first, the statute prohibits disclosure if either
the government deems the information to be confidential or if the
person furnishing the information requests confidential treatment. BIS
concludes that both procedures should be included in the regulations to
be consistent with the statute. Additionally, Sec.  702.3 would note
that confidential information shall not be published or disclosed
unless the Under Secretary for Industry and Security determines that
withholding the information is contrary to the interest of the national
defense. The statutory authority of the President to make this
determination has been delegated to the Under Secretary for Industry
and Security. This section also repeats the penalties that the statute
authorizes for persons convicted of willfully violating the prohibition
on disclosure.

Section 702.4

    Section 702.4 would require timely, complete and adequate responses
to surveys. Specifically, the section would require that survey
responses be returned to BIS within the time frame stated on the
initial distribution letter or other request for information. The
section would treat a response as ``inadequate'' if it provides
information that is not responsive to the questions asked or if it
provides aggregated information when specific information was
requested.
    Section 702.4 would set forth the criteria by which BIS may grant
either an exemption from complying with the survey requirement or an
extension of time to comply. The grounds for granting an exemption or
an extension are limited and generally result when BIS concludes that
the survey recipient lacks information deemed relevant to the survey or
when compliance with the requirement would be unduly burdensome.
    Section 702.4 would make clear that the deadline for complying with
a survey is not suspended by submitting a request for an exemption or
extension of time to comply.
    Finally, Sec.  702.4 would provide that BIS may return responses
that are incomplete or inadequate and specify a due date for a complete
and adequate response.

Section 702.5

    Section 702.5 would set forth the consequences of failure to comply
with a survey or other request for information. These consequences are
established by Sec.  705(a) and (c) of the DPA (50 U.S.C. app. 2155(a)
and (c)). If a person does not comply with a survey, BIS may serve a
subpoena upon that person to compel compliance. If the person still
does not comply, the government may apply to the U.S. district court in
any district in which the person is found, resides or transacts
business for an order requiring such person to comply. The district
court has authority to punish any failure to comply with the order as
contempt of court. Persons who are convicted of willfully failing to
comply with a survey or other request for information may be fined not
more than $10,000 or imprisoned for not more than one year, or both.

Section 702.6

    Section 702.6 would define certain terms used in part 702.
    The word ``confidential'' would be defined in terms of Sec.  705(d)
of the DPA, thereby distinguishing its use in this rule from its use in
connection with the classification of information for national security
purposes as set forth in Executive Order 13526 of December 29, 2009,
Classified National Security Information (75 FR 707; 3 CFR, 2010 Comp.,
p. 298).
    The definition of the term ``person'' would be based on the
definition of ``person'' in Sec.  702 of the DPA (50 U.S.C. app. 2152)
with some additions. The DPA definition reads: ``The term `person'
includes an individual, corporation, partnership, association, or any
other organized group of persons, or legal successor or representative
thereof, or any State or local government or agency thereof.'' Use of
the word ``includes'' in the statutory definition implies that the list
following that word is not exhaustive. BIS concludes that the use of
``includes'' indicates that Congress recognized that the agency
implementing the DPA would need discretion to identify the types of
entities that would likely possess information relevant to the subject
of each industrial base assessment to ensure a comprehensive collection
of information.
    This proposed rule would add ``The Government of the United States,
of the District of Columbia, of any commonwealth, territory or
possession of the United States, or any department, agency or
commission thereof.'' BIS has concluded that inclusion of the

additional entities is within its authority under the DPA because the
DPA definition prefaces the list of entities with the word
``includes,'' and because inclusion of the additional entities is
necessary to achieve the purpose of the statute.
    Based on prior studies, BIS has observed that the U.S. Government
makes a significant contribution to the industrial base, whether in
research, technology development, testing, manufacturing, repair and
overhaul, or trade development. As a result, the U.S. Government is a
significant source of information regarding the industrial base.
Similarly, it is plausible that the District of Columbia, commonwealths
of the United States and other territories and agencies can be survey
respondents, and therefore have been included to ensure the
completeness of a survey sample and corresponding assessment.
    The regulatory definition also would make clear that the term
``corporation, partnership, association, or any other organized group
of persons'' is not limited to commercial, for-profit enterprises or
publicly traded corporations.
    The definitions of the terms ``initial distribution letter'' and
``survey'' each describe a document used in the data collection
process. The definitions describe those documents based on the way they
are used in current BIS practice.

Supplement No. 1 to Part 702

    Supplement No. 1 to part 702 would provide information that BIS
believes would be helpful to persons who receive a survey. This
information includes both a description of the survey and a glossary of
terms.

Rulemaking Requirements

    1. 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, and other advantages; effects, distributive impacts
and equity). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has been designated a
``significant regulatory action,'' although not economically
significant, as that term is defined in of Executive Order 12866.
Accordingly, the rule has been reviewed by the Office of Management and
Budget (OMB).
    2. 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
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et. seq.) unless that
collection of information displays a currently valid OMB control
number. This rule does not contain a collection of information that is
subject to the Paperwork Reduction Act. This rule sets forth procedures
related to BIS's administration of surveys pursuant to Sec.  705 of the
DPA (50 U.S.C. app. 2155). Individual surveys that are subject to the
Paperwork Reduction Act will display a currently valid OMB control
number.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq., generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to the notice and comment
rulemaking requirements under the Administrative Procedure Act (5
U.S.C. 553) or any other statute. However, under Sec.  605(b) of the
RFA, if the head of an agency certifies that a rule will not have a
significant impact on a substantial number of small entities, the RFA
does not require the agency to prepare a regulatory flexibility
analysis. Pursuant to Sec.  605(b), the Chief Counsel for Regulation,
Department of Commerce, submitted a memorandum to the Chief Counsel for
Advocacy, Small Business Administration, certifying that this proposed
rule, if promulgated, will not have a significant impact on a
substantial number of small entities. The rationale for that
certification is as follows.

Impact

    This proposed rule would set forth, in a single part of the Code of
Federal Regulations, the Department of Commerce's authority under Sec.
705 of the DPA ``to obtain information in order to perform industry
studies assessing the capabilities of the United States industrial base
to support the national defense.'' Since the mid-1980s, BIS and its
predecessor organizations within the Department of Commerce have
conducted such studies and required survey responses based on the
statute. Section 705 of the DPA authorizes the collection of the
information. The statute also authorizes the issuance of subpoenas for
the information and authorizes the United States district courts to
issue orders compelling compliance with such subpoenas. It also
provides criminal penalties for failure to comply with the government's
requests for information. This proposed rule would not require any
person to supply information that the person would not be required to
provide pursuant to the statute.
    This proposed rule would require that surveys issued by BIS
pursuant to Sec.  705 be responded to by the deadline set forth in the
survey. The rule would publicly state BIS's existing internal policies
and standards for the granting of both an extension of time to comply
with the requirement and exemptions from compliance. To the extent that
publication of these policies and standards in the Code of Federal
Regulations could be construed as a change in the burden on small
entities or any other entities, the publication would have to be deemed
as a reduction in burden because it facilitates access to the standards
by all parties.
    This proposed rule also would set forth the statutory standards for
treating information submitted in response to a survey as confidential.
It would reiterate the statutory penalties for failure to comply with a
survey and for unauthorized release of information that Sec.  705
requires to be treated as confidential.
    This proposed rule would adopt the statutory definition of
``person'' but also add ``[t]he Government of the United States, of the
District of Columbia, of any commonwealth, territory or possession of
the United States, or any department, agency or commission thereof'' to
the definition. The term ``person'' is used in the statute and in this
proposed rule to represent those to whom the requirements of the
statute and this proposed rule apply. BIS has historically interpreted
the statute to apply to units of the U.S. Government (including the
District of Columbia Government and the governments of the territories
and possessions) and does not view this as a substantive change. For
purposes of this certification, the addition is immaterial because the
government bodies that would be added to the statutory definition by
this proposed rule are not small entities under the definition provided
in the Small Business Regulatory Enforcement Fairness Act of 1996.

Number of Small Entities

    Surveys are one-time exercises used to assess the state and/or
capabilities of a particular industry sector or technology. Entities
are selected for participation based on their role in, or relationship
to, the industry sector or

technology being assessed. Information obtained during the course of
any one assessment may be relevant to determining whether the current
entity supplying that information is a small entity. However, the
composition of survey respondents varies dramatically between industry
studies due to the complexity of each industry sector or technology
being assessed. Consequently, BIS is unable to draw from existing data
to estimate the number of small businesses participating in future
collections. Accordingly, BIS is unable to determine the number of
small entities that would be affected by this proposed rule.

Conclusion

    Although BIS cannot predict the exact number of small entities that
will be participating in any one survey, this rule would not impose a
significant burden on any such small entities because it would not
require any impacted entity to perform any action that it is not
already required to perform pursuant to Sec.  705 of the DPA.

List of Subjects in Part 702

    Business and industry, Confidential business information,
Employment, Penalties, National defense, Research, Science and
technology.

    Accordingly, the National Security Industrial Base Regulations (15
CFR Chapter VII, Subchapter A) is proposed to be amended as follows.

0
1. Add Part 702 to read as follows:

Subchapter A--National Security Industrial Base Regulations

Part 702--INDUSTRIAL BASE SURVEYS--DATA COLLECTIONS

Sec.
702.1 Introduction.
702.2 Scope and purpose of surveys--avoiding duplicative requests
for information.
702.3 Confidential information.
702.4 Requirement to comply with surveys or other requests for
information.
702.5 Consequences of failure to comply.
702.6 Definitions.
Supplement No. 1 to Part 702--General Survey Information.

    Authority: 50 U.S.C. app. 2061 et seq., E.O. 13603, 77 FR 16651,
3 CFR, 2012 Comp., p. 225.

Sec.  702.1  Introduction.

    In accordance with 50 U.S.C. app. 2155, the Bureau of Industry and
Security (BIS) may obtain such information from, require such reports
and the keeping of such records by, make an inspection of the books,
records, and other writings, premises or property of, take the sworn
testimony of and administer oaths and affirmations to, any person as
may be necessary or appropriate, in its discretion, to the enforcement
or the administration of its authorities and responsibilities under the
Defense Production Act of 1950 as amended (DPA) and any regulations or
orders issued thereunder. BIS's authorities under the DPA (50 U.S.C.
app. 2061 et seq.) include authority to collect data via surveys to
perform industry studies assessing the capabilities of the United
States industrial base to support the national defense and develop
policy recommendations to improve both the international
competitiveness of specific domestic industries and their ability to
meet national defense program needs.

Sec.  702.2  Scope and purpose of surveys--avoiding duplicative
requests for information.

    (a) BIS will not send any survey to any person for completion
unless the scope and purpose of the survey have been established, that
scope and purpose are consistent with BIS's authorities under the DPA,
and the data requested by the survey does not duplicate adequate and
authoritative data already available to BIS from a Federal or other
authoritative source.
    (b) BIS personnel of appropriate competence and authority will
ensure that the requirements of paragraph (a) are met.
    (c) This section shall not be construed as limiting the criteria
that BIS may consider in determining whether to proceed with a survey.
This paragraph shall not be construed as replacing or in any way
modifying the requirements of the Paperwork Reduction Act (44 U.S.C.
3501 et seq.).

Sec.  702.3  Confidential information.

    This section implements Sec.  705(d) of the DPA.
    (a) BIS deems all information submitted in response to a survey
issued pursuant to this part to be confidential.
    (b) Any person submitting information in response to a survey
issued pursuant to this part may request confidential treatment of that
information.
    (c) The President's authority under the DPA to protect confidential
information has been delegated to the Under Secretary for Industry and
Security. The information described in paragraphs (a) and (b) shall not
be published or disclosed unless the Under Secretary for Industry and
Security determines that the withholding thereof is contrary to the
interest of the national defense.
    (d) Any person convicted of willfully violating the prohibition in
paragraph (c) may be fined not more than $10,000 or imprisoned for not
more than one year, or both.

Sec.  702.4  Requirement to comply with surveys or other requests for
information.

    (a) Requirement to comply. Every person who receives a survey or
other request for information issued pursuant to this part must submit
a complete and adequate response to BIS within the time frame stated on
the initial distribution letter or other request for information.
Survey response information that does not adhere to the survey question
criteria or that contains only aggregate information in place of
specified information will be treated as inadequate and therefore
noncompliant. BIS may exempt persons from this requirement for the
reasons in paragraph (b) of this section, or grant extensions of time
to comply as set forth in paragraph (c) of this section. Submitting a
request to BIS for an exemption or an extension of time for completion
does not suspend the initial deadline required by BIS (or any extended
deadline subsequently granted by BIS). Thus, persons who request an
exemption or extension of time are advised to proceed as if the
response is required by the deadline until advised otherwise by BIS.
    (b) Grounds for exemption. (1) An exemption from the requirements
of this section may be granted if the person receiving the survey or
other request for information:
    (i) Has no physical presence in the United States of any kind;
    (ii) Does not provide, produce, distribute, utilize, procure,
research, develop, consult or advise on, or have any other direct or
indirect association with the materials, products, services or
technology that are within the scope of the survey;
    (iii) Has ceased business operations more than 12 months prior to
receipt of the survey;
    (iv) Has been in business for less than one year; or
    (v) BIS determines that extenuating circumstances exist that make
responding impractical.
    (2) BIS may also grant an exemption if, based on the totality of
the circumstances, it concludes that compliance would be impractical
and/or that requiring compliance would be unduly time intensive.
    (3) Existence of a pre-existing private non-disclosure agreement or
information sharing agreement between a person and another party (e.g.,
customers, suppliers, etc.), does not

exempt a person from the obligation to comply with and complete a
survey. The authority to conduct the survey and comply with the survey
is derived from the DPA, and that statutory obligation to comply
supersedes any private agreement.
    (c) Extensions of time to complete. A person who receives a survey
or other request for information may request an extension of time to
submit the complete response to BIS. BIS may grant such an extension of
time, if, in its judgment, circumstances are such that additional time
reasonably is needed, the extension would not jeopardize timely
completion of BIS's overall analysis, and the person is making
reasonable progress towards completing the survey or response to the
other request for information. Generally, extensions will be for no
more than two weeks. A person who receives a survey or other request
for information may request successive extensions if the person
believes that it continues to have a legitimate need for additional
time to complete the survey. BIS will not grant extensions that would
jeopardize the performance and timely completion of its industrial base
assessments.
    (d) Procedure for requesting exemptions or extensions of time.
Requests for exemptions or extensions of time must be made to BIS at
the telephone number, email address or BIS physical address provided in
the initial distribution letter for a survey or in the other request
for information. A request for an exemption must provide factual
information and documentation that are adequate for BIS to determine
that one or more of the criteria stated in paragraph (b) or (c) are
met.
    (e) Responses that are incomplete or inadequate. BIS may return
responses that are incomplete or inadequate to the person for prompt
completion. BIS will specify the required period of time permitted for
completion and submission of the revised survey.

Sec.  702.5  Consequences of failure to comply.

    (a) Civil. If any person fails to comply with the requirements of
Sec.  702.4, BIS may issue a subpoena requiring that person to submit
the information called for in the survey. In the case of contumacy or
refusal to obey such a subpoena, the U.S. Government may apply for an
order by the United States district court in a district where that
person resides or transacts business that would compel the person to
submit the completed survey.
    (b) Criminal. In accordance with 50 U.S.C. app. 2155, any person
who willfully fails to comply with Sec.  702.4, may, upon conviction,
be fined not more than $10,000 or imprisoned not more than one year, or
both.

Sec.  702.6  Definitions.

    The definitions in this section apply throughout this part.
    Confidential. A description of information that is subject to the
disclosure prohibitions of the DPA (50 U.S.C. app. 2155(d)).
    Initial distribution letter. A letter that BIS sends to a person
that has been identified by the U.S. Government as a supplier or
customer of materials, products or services used for activities of the
industry that is the focus of a survey. The letter describes the
survey's primary objectives, how survey results will assist the U.S.
Government, and the confidential treatment of the information
submitted. The letter also provides BIS contact information.
    Person. The term ``person'' includes: (a) An individual,
corporation, partnership, association, or any other organized group of
persons, or legal successor or representative thereof;
    (b) Any State or local government or agency thereof;
    (c) The Government of the United States, of the District of
Columbia, of any commonwealth, territory or possession of the United
States, or any department, agency or commission thereof.
    Note to the definition of ``person''. Paragraph (a) of this
definition is not limited to commercial or for-profit organizations.
For example, the term ``any other organized group of persons'' may
encompass labor unions, academic institutions, charitable organizations
or any group of persons who are organized in some manner. The term
corporation is not limited to publicly traded corporations or
corporations that exist for the purpose of making a profit.
    Survey. A questionnaire or other request for information that
collects detailed information and data to support both the assessment
of a particular industrial sector or technology and the development of
a corresponding study.

Supplement No. 1 to Part 702--General Survey Information

    This supplement provides general information about surveys and
the content of the typical survey. The content of this supplement is
purely in example of a typical survey, and in no way limits the
content that may appear in a specific Bureau of Industry and
Security (BIS)-issued survey. Procedures and content vary from
survey to survey, and as such, there is no set template to follow.
Nonetheless, BIS is offering this information as a basic guide to
some elements of a survey.

Survey Structure

    Most surveys include the following sections: Cover Page; Table
of Contents; General Instructions; Glossary of Terms; Organizational
Information, and sector-specific sections.

--The cover page typically includes the title of the survey, its
scope, an explanation of the legal requirement to comply, the burden
estimate for compliance with the survey, the Office of Management
and Budget (OMB) control number, and the survey date of expiration.
--The General Instructions section normally includes process steps
necessary for a person's survey submittal. These include but are not
limited to instructions for survey completion, survey support staff
point-of-contact information, the name and address of the presiding
BIS official, and instructions for both survey certification and
submittal.
--The Glossary of Terms section explains terms contained in the
survey. Terms contained in the survey may be unique to the subject
matter of the industry assessment, and therefore may change in
meaning from survey to survey. Therefore, it is important to follow
the specific instructions and defined terms contained in the
specific survey you receive, regardless of any previous survey you
might have completed.
--The Organization Information section requests information related
to the person in receipt of the survey, including address
information, the source level of response (e.g., facility, business
unit, division, corporate consolidated, etc.), point of contact
details, and other pertinent contact information.

The survey is generally organized in a question and answer format
and is presented on an electronic survey system. Each survey is
specially tailored to collect the specific information requested.
Therefore, specific detailed information is what should be submitted
in response to a survey requesting such information.

--For example, if we ask for a listing of your customers that order
widget A, your response should not be a listing of your entire
customer base. Only the information pertaining to customers'
ordering widget A is responsive to that kind of question.

Also note that your reply to a survey request is compulsory, unless
you meet the criteria for exemption set forth in the body of the
regulation. Therefore, any non-disclosure agreements or similar
agreements you may have with your customers or clients are not
applicable to a survey's request for information. Compliance with
the survey is required by the DPA. Accordingly, compliance with that
statutory requirement is paramount to any private agreement you have
with your customers or other parties.
    In addition to the aforementioned sections, each survey contains
sections tailored to the specific scope of the study, including but
not limited to Facility Locations, Products and Services,
Inventories, Suppliers and Customers, Challenges and Organizational
Outlook, Employment, Operations, Financial Statements, Sales,
Research and Development, and Capital Expenditures.

Examples of Survey Terms

    Certification: A section of the survey in which a person (an
authorizing official) certifies that the information supplied in
response to the survey is complete and correct, to the best of the
person's knowledge.
    Facility: A building or the minimum complex of buildings or
parts of buildings in which a person operates to serve a particular
function, producing revenue and incurring costs for the person. A
facility may produce an item of tangible or intangible property or
may perform a service. It may encompass a floor or group of floors
within a building, a single building, or a group of buildings or
structures. Often, a facility is a group of related locations at
which employees work, together constituting a profit-and-loss center
for the person, and it may be identified by a unique Dun and
Bradstreet number.
    Sole source: An organization that is the only source for the
supply of parts, components, materials, or services. No alternative
U.S. or non-U.S. based supplier exists other than the current
supplier.
    Survey template: The data collection instrument supplied by BIS
to persons by which survey information is recorded and submitted to
BIS. The survey is generally organized in a question and answer
format and is presented on an electronic survey system.
    Supplier: An entity from which your organization obtains inputs.
A supplier may be another firm with which you have a contractual
relationship, or it may be another facility owned by the same parent
organization. The inputs may be materials, products or services.

    Dated: February 24, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-04299 Filed 3-2-15; 8:45 am]
BILLING CODE 3510-01-P


[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Rules and Regulations]
[Pages 65490-65493]
[FR Doc No: 2012-26403]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0444; FRL-9746-3]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Fredericksburg 8-Hour Ozone Maintenance Area Revision to
Approved Motor Vehicle Emissions Budgets

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving the Commonwealth of Virginia's State
Implementation Plan (SIP) revision submitted by the Virginia Department
of Environmental Quality (VADEQ) on September 26, 2011. The SIP
revision updates the 2009 and 2015 motor vehicle emission budgets
(MVEBs) in the Fredericksburg 8-Hour Ozone Maintenance Area
(Fredericksburg Area) by replacing the previously approved MVEBs with
budgets developed using EPA's Motor Vehicle Emissions Simulator
emissions model (MOVES2010a). The revised MVEBs continue to demonstrate
maintenance of the 1997 8-hour national ambient air quality standard
(NAAQS) for ozone. This action is being taken under the Clean Air Act
(CAA).

DATES:
    Effective Date: This final rule is effective on November 28, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0444. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Virginia Department of Environmental
Quality, 629 East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On August 6, 2012 (77 FR 46672), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Virginia. The NPR proposed
approval of the Virginia SIP revision that updates the 2009 and 2015
MVEBs in the Fredericksburg Area by replacing the previously approved
MVEBs with budgets developed using MOVES2010a. By EPA's finalizing the
proposed approval, the newly submitted MOVES2010a MVEBs will replace
the existing, MOBILE6.2-based budgets in Virginia's SIP and must then
be used in future transportation conformity analyses for the
Fredericksburg Area according to the transportation conformity rule.
See 40 CFR 93.118. The previously approved budgets will no longer be
applicable for transportation conformity purposes. Additionally, with
the approval of the MOVES2010a-based MVEBs, the regional transportation
conformity grace period for not using MOVES2010a for the pollutants
included in these budgets will end for the Fredericksburg Area on the
effective date of this final approval. See 75 FR 9411, 9414 (March 2,
2010) for

background on MOVES2010a and Section II.C for details. EPA received no
comments on the NPR to approve Virginia's SIP revision.

II. Summary of SIP Revision

    On September 26, 2011, the Commonwealth of Virginia through VADEQ
submitted a SIP revision with MVEBs based on MOVES2010a for the years
2009 and 2015 to help ensure that the Fredericksburg Area can
demonstrate transportation conformity using MOVES2010a MVEBs once the
grace period expires as discussed in more detail in the NPR.
    States that revise their existing SIPs to include MVEBs based on
MOVES2010a must show that the SIP continues to meet applicable
requirements with the new level of motor vehicle emissions contained in
the budgets. EPA has determined that the Fredericksburg Area
maintenance plan continues to serve its intended purpose with the
MOVES2010a-based MVEBs and that the budgets meet the adequacy criteria
in the conformity rule at 40 CFR 93.118(e)(4).

III. Final Action

    EPA is approving the MOVES2010a-based MVEBs submitted by Virginia
for use in determining transportation conformity in the Fredericksburg
Area because the submitted budgets will continue to keep emissions
below the attainment level and maintain air quality and continue to
demonstrate maintenance of the 1997 8-hour ozone NAAQS. On the
effective date of this rulemaking, the submitted MOVES2010a-based MVEBs
will replace the existing, MOBILE6.2-based budgets in the
Fredericksburg 8-Hour Ozone Maintenance Plan and will be used in future
transportation conformity analyses for the Fredericksburg Area. The
previously approved MOBILE6.2-based budgets will no longer be
applicable for transportation conformity purposes. The following table
compares the nitrogen oxide (NOX) MVEBs developed using
MOBILE6.2 to the inventories developed using MOVES2010a.

 Fredericksburg Maintenance Area Mobile Source Emissions Comparison Tons
                               NOX Per Day
------------------------------------------------------------------------
                                             MOBILE6.2
                  Year                         MVEB*        MOVES2010a
------------------------------------------------------------------------
2004....................................          19.742          24.064
2009....................................          13.062          17.615
2015....................................           7.576           9.933
------------------------------------------------------------------------
* Includes conformity buffers.

IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts* * *.'' The opinion concludes
that ``[r]egarding Sec.  10.1-1198, therefore, documents or other
information needed for civil or criminal enforcement under one of these
programs could not be privileged because such documents and information
are essential to pursuing enforcement in a manner required by Federal
law to maintain program delegation, authorization or approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude Virginia from enforcing its program
consistent with the Federal requirements. In any event, because EPA has
also determined that a state audit privilege and immunity law can
affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 28, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action approving Virginia's 2009 and 2015 MVEBs in the
Fredericksburg 8-Hour Area using MOVES2010a may not be challenged later
in proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: October 11, 2012.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for 40 CFR part 52 continues to read as
follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (e) is amended by revising
the entry for the 8-Hour Ozone Maintenance Plan for the Fredericksburg
VA Area. The amendments read as follows:

Sec.  52.2420  Identification of plan.

* * * * *
    (e) EPA-approved nonregulatory and quasi-regulatory material.

----------------------------------------------------------------------------------------------------------------
                                                             State
   Name of non- regulatory SIP          Applicable         submittal     EPA approval date        Additional
             revision                geographic area         date                                explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
8-Hour Ozone Maintenance Plan for  Spotsylvania and            9/26/11  10/29/12 [Insert     Revised 2009 and
 the Fredericksburg VA Area.        Stafford Counties;                   page number where    2015 motor vehicle
                                    City of                              the document         emission budgets
                                    Fredericksburg.                      begins].             for NOX.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.2424 is amended by adding paragraph (c) to read as
follows:

Sec.  52.2424  Motor vehicle emissions budgets.

* * * * *
    (c) EPA approves the following revised 2009 and 2015 motor vehicle
emissions budgets (MVEBs) for the Fredericksburg 8-Hour Ozone
Maintenance Area submitted by the Virginia Department of Environmental
Quality (VADEQ) on September 26, 2011:

------------------------------------------------------------------------
                                                           Tons per day
       Applicable geographic area              Year          (TPD) NOX
------------------------------------------------------------------------
Fredericksburg Area (Spotsylvania and               2009          17.615
 Stafford Counties and City of
 Fredericksburg)........................
Fredericksburg Area (Spotsylvania and               2015           9.933
 Stafford Counties and City of
 Fredericksburg)........................
------------------------------------------------------------------------

[FR Doc. 2012-26403 Filed 10-26-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Notices]
[Page 32008]
[FR Doc No: 2014-12770]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72267; File No. SR-CBOE-2014-031]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Withdrawal of a Proposed Rule Change To Amend
the Fees Schedule

May 28, 2014.
    On March 28, 2014, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934,\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to adopt a fee of $50 per month per login ID for
off-floor PULSe Workstation users that elect to access a Complex Order
Book Feed. On May 27, 2014, the Exchange withdrew the proposed rule
change (SR-CBOE-2014-031).
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\3\
---------------------------------------------------------------------------

    \3\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-12770 Filed 6-2-14; 8:45 am]
BILLING CODE 8011-01-P