65612 Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Proposed Rules 

(g)* * * 

(1) Reporting waiver. In light of the 

unique business and operational 

circumstances with respect to 

Noncommercial Educational 

Webcasters, and for the purposes of this 

subpart only, a Noncommercial 

Educational Webcaster that did not 

exceed 80,000 total ATH for any 

individual channel or station for more 

than one calendar month in the 

immediately preceding calendar year 

and that does not expect to exceed 

80,000 total ATH for any individual 

channel or station for any calendar 

month during the applicable calendar 

year may elect to pay to the Collective 

a nonrefundable, annual Proxy Fee of 

$100 in lieu of providing reports of use 

for the calendar year pursuant to the 

regulations § 370.4 of this chapter. In 

addition, a Noncommercial Educational 

Webcaster that unexpectedly exceeded 

80,000 total ATH on one or more 

channels or stations for more than one 

month during the immediately 

preceding calendar year may elect to 

pay the Proxy Fee and receive the 

reporting waiver described in paragraph 

(g)(1) of this section during a calendar 

year, if it implements measures 

reasonably calculated to ensure that it 

will not make Eligible Transmissions 

exceeding 80,000 total ATH during any 

month of that calendar year. The Proxy 

Fee is intended to defray the 

Collective’s costs associated with this 

reporting waiver, including 

development of proxy usage data. The 

Proxy Fee shall be paid by the date 

specified in paragraph (c) of this section 

for paying the Minimum Fee for the 

applicable calendar year and shall be 

accompanied by a certification on a 

form provided by the Collective, signed 

by a duly authorized representative of 

the applicable educational institution, 

stating that the Noncommercial 

Educational Webcaster is eligible for the 

Proxy Fee option because of its past and 

expected future usage and, if applicable, 

has implemented measures to ensure 

that it will not make excess Eligible 

Transmissions in the future. 

* * * 

(3) Census-basis reports. If any of the 

following three conditions is satisfied, a 

Noncommercial Educational Webcaster 

must report pursuant to paragraph (g)(3) 

of this section: 

(i) The Noncommercial Educational 

Webcaster exceeded 159,140 total ATH 

for any individual channel or station for 

more than one calendar month in the 

immediately preceding calendar year; 

(ii) The Noncommercial Educational 

Webcaster expects to exceed 159,140 

total ATH for any individual channel or 

station for any calendar month in the 

applicable calendar year; or 

(iii) The Noncommercial Educational 

Webcaster otherwise does not elect to be 

subject to paragraphs (g)(1) or (2) of this 

section. 

A Noncommercial Educational 

Webcaster required to report pursuant to 

paragraph (g)(3) of this section shall 

provide reports of use to the Collective 

quarterly on a census reporting basis in 

accordance with § 370.4 of this chapter, 

except that, notwithstanding 

§ 370.4(d)(2), such a Noncommercial 

Educational Webcaster shall not be 

required to include ATH or actual total 

performances, and may in lieu thereof 

provide channel or station name and 

play frequency, during the first calendar 

year it reports in accordance with 

paragraph (g)(3) of this section. For the 

avoidance of doubt, after a 

Noncommercial Educational Webcaster 

has been required to report in 

accordance with paragraph (g)(3) of this 

section for a full calendar year, it must 

thereafter include ATH or actual total 

performances in its reports of use. All 

reports of use under paragraph (g)(3) of 

this section shall be submitted to the 

Collective no later than the 45th day 

after the end of each calendar quarter. 

* * * * * 

Dated: October 29, 2014. 

Jesse M. Feder, 

Copyright Royalty Judge. 

[FR Doc. 2014–26222 Filed 11–4–14; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2014–0733; FRL–9918– 

51–OSWER] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; Technical Amendment To Update 

Data Management System 

Nomenclature 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Effective January 31, 2014 the 

EPA Superfund program 

decommissioned the Comprehensive 

Environmental Response Compensation 

and Liability Act Information System 

(CERCLIS) and adopted a new, more 

comprehensive data management 

system. The new data management 

system, the Superfund Enterprise 

Management System (SEMS), serves as 

a more powerful, integrated platform. 

Consistent with this action, this 

proposed rule proposes to make 

appropriate conforming terminological 

changes to our regulations. This 

proposed rule also proposes to add a 

minor clarification to the description of 

the remedial preliminary assessment. 

DATES: Written comments must be 

received by December 5, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–2014–0733, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: superfund.docket@epa.gov 

• U.S. Postal Mail: U.S. 

Environmental Protection Agency, EPA 

Docket Center (EPA/DC), Superfund 

Docket, Mailcode: 28221T, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460. 

• Hand Delivery: EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460. Attention Docket ID No. EPA– 

HQ–SFUND–2014–0733. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–2014– 

0733. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 


rmajette on DSK2VPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Proposed Rules 65613 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Superfund Docket (Docket ID No. 

EPA–HQ–SFUND–2014–0733). This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The 

Superfund Docket telephone number is 

(202) 566–0276. EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hovis at (703) 603–8888 

(hovis.jennifer@epa.gov), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460–0002, Mail Code 5202P. 

SUPPLEMENTARY INFORMATION: 

I. Why is EPA issuing this proposed 

rule? 

This document proposes to amend the 

National Oil and Hazardous Substances 

Pollution Contingency Plan (NCP) to 

make nonsubstantive changes to reflect 

new data management system 

nomenclature resulting from the 

Superfund program’s transition from 

CERCLIS to SEMS. This document also 

adds minor clarifying text to a 

description in the NCP that will make 

the regulations more accurate. We have 

published a direct final rule to 

promulgate the above changes in the 

‘‘Rules and Regulations’’ section of 

today’s Federal Register because we 

view this as a noncontroversial action 

and anticipate no adverse comment. We 

have explained our reasons for this 

action in the preamble to the direct final 

rule. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule. If we receive adverse 

comment, we will issue a timely 

withdrawal of the direct final rule and 

it will not take effect. We would address 

all relevant public comments in any 

subsequent final rule based on this 

proposed rule. We do not intend to 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. For 

further information, please see the 

information provided in the ADDRESSES

section of this document. Comments are 

only being solicited on the deletion of 

reference to CERCLIS and the addition 

of clarifying text to the remedial 

preliminary assessment description. 

Therefore, comments are not being 

requested on other unmodified sections 

of the NCP nor on EPA’s internal agency 

management decision to update the 

Superfund data management system, 

and such comments will not be 

considered if submitted. 

II. What does this amendment do? 

This rule proposes to revise the 

Operational Abbreviations section (40 

CFR 300.4(b)) and the Definitions 

section (40 CFR 300.5) of the NCP to 

reflect terminological changes necessary 

for consistency with EPA’s transition 

from CERCLIS as the Superfund 

program’s planning and tracking data 

management system to SEMS. This rule 

also amends the Remedial preliminary 

assessment description (40 CFR 420(b)) 

to clarify that the Preliminary 

Assessment (PA) is performed on only 

those sites that have been entered into 

the SEMS remedial assessment active 

inventory. 

III. Statutory and Executive Order 

Reviews 

For a complete discussion of all of the 

administrative requirements applicable 

to this action, see the discussion in the 

‘‘Statutory and Executive Order 

Reviews’’ section to the preamble for the 

direct final rule that is published in the 

Rules and Regulations section of this 

Federal Register. 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993) and Executive 

Order 13563 (76 FR 3821, January 21, 

2011), this proposed action is not a 

‘‘significant regulatory action’’ and is 

therefore not subject to OMB review. 

This action merely deletes an obsolete 

reference to a retired information system 

and adds minor clarifying text to a 

description in the NCP. This action does 

not impose any requirements on any 

entity, including small entities. 

Therefore, pursuant to the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.), 

after considering the economic impacts 

of this action on small entities, I certify 

that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Natural 

resources, Oil pollution, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: October 28, 2014. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. 2014–26159 Filed 11–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF LABOR 

Office of Federal Contract Compliance 

Programs 

41 CFR Part 60–1 

RIN 1250–AA03 

Government Contractors, Requirement 

To Report Summary Compensation 

Data on Employee Compensation 

AGENCY: Office of Federal Contract 

Compliance Programs, Labor. 

ACTION: Notice of proposed rulemaking 

and extension of comment period. 

SUMMARY: On August 8, 2014, the Office 

of Federal Contract Compliance 

Programs (OFCCP) published a notice of 

proposed rulemaking (NPRM) in the 

Federal Register. This NPRM proposes 

amending one of the implementing 

regulations for Executive Order 11246, 

Equal Employment Opportunity, which 

sets forth the reporting obligations of 

Federal contractors and subcontractors. 

This NPRM proposes amending the 

regulation by adding a requirement that 

certain Federal contractors and 

subcontractors supplement their 

Employer Information Report (EEO–1 

Report) with summary information on 

compensation paid to employees, as 

contained in the Form W–2 Wage and 

Tax Statement (W–2) forms, by sex, 

race, ethnicity, and specified job 

categories, as well as other relevant data 

points such as hours worked, and the 

number of employees. 

This document extends the comment 

period for the proposed rule for sixty 

(60) days. You do not need to resubmit 

your comment if you have already 

commented on the proposed rule. 

Should you choose to do so, you can 

submit additional or supplemental 

comments. OFCCP will consider all 

comments received from the date of 

publication of the proposed rule 

through the close of the extended 

comment period. 

DATES: The comment period for the 

NPRM published on August 8, 2014, 


rmajette on DSK2VPTVN1PROD with PROPOSALS