73844 Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations 

• 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). 

The SIP is not approved to apply on any 

Indian reservation land or in any other 

area where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

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 rule 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). 

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 February 10, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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 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, Lead. 

Dated: November 19, 2014. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

§ 52.2270 [Amended] 

■ 2. In § 52.2270(c), the table titled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended by removing the 

centered headings and entries for 

‘‘Chapter 113 (Reg 3)—Control of Air 

Pollution From Toxic Materials’’. 

[FR Doc. 2014–29146 Filed 12–11–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[GC Docket No. 10–44; FCC 14–179] 

The Commission’s Rules of Practice 

and Procedure Relating to the Filing of 

Formal Complaints and Pole 

Attachment Complaints 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rules. 

SUMMARY: This document amends 

procedural rules implemented by the 

Commission’s 2011 determination that 

docketing and electronic filing be 

utilized in proceedings involving 

‘‘[n]ewly filed formal common carrier 

complaints and newly filed pole 

attachment complaints before the 

Enforcement Bureau.’’ The rule changes 

also apply to future filings made in 

existing Section 208 formal complaints 

and pole attachment complaints. In 

addition, the amendments make a few 

procedural changes to existing Section 

208 formal complaint and pole 

attachment complaint filing rules to 

create uniformity among them and ease 

of administration for parties and staff 

when initiating service of pleadings or 

filing confidential matters with the 

Commission. The rules further establish 

a single electronic inbox within 

Electronic Comment Filing System 

(ECFS) to handle the initial filing of the 

above-identified new complaints. 

Accepted complaints will receive a 

distinct ECFS docket number; rejected 

complaints will remain on ECFS but 

will be stored within the Inbox. 

DATES: Effective January 12, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Tracy Bridgham, Enforcement Bureau, 

Federal Communications Commission, 

Tracy.Bridgham@fcc.gov, (202) 418– 

0967. 

SUPPLEMENTARY INFORMATION: This 

document, adopted on November 5, 

2014 and released on November 12, 

2014, GC Docket No. 10–44, FCC 14– 

179, revises several sections of 47 CFR 

part 1. The rule changes will facilitate 

and enhance public participation in 

Commission section 208 formal 

complaint and section 224 pole 

attachment complaint proceedings, 

thereby making the Commission’s 

decision-making process more efficient, 

modern, and transparent. 

Regulatory Flexibility Act. The actions 

taken in this Order do not require notice 

and comment, and therefore fall outside 

the Regulatory Flexibility Act of 1980, 5 

U.S.C. 601(2); 603(a), as amended. We 

nonetheless anticipate that the rules we 

adopt today will not have a significant 

economic impact on a substantial 

number of small entities. As described 

above, the rules relate to our internal 

procedures and do not impose new 

substantive responsibilities on regulated 

entities. There is no reason to believe 

that operation of the revised rules will 

impose significant costs on parties to 

Commission proceedings. To the 

contrary, we take today’s actions with 

the expectation that, overall, they will 

make dealings with the Commission 

quicker, easier, and less costly for 

entities of all sizes. 

Paperwork Reduction Act. Although 

the rule sections affected by this 

proceeding have information collections 

associated with them, the Office of 

Management and Budget has 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations 73845 

determined that, under the Paperwork 

Reduction Act of 1995, Public Law 104– 

13, 109 Stat. 163 (1995) (codified at 44 

U.S.C. 3501 et seq.), these changes are 

not substantive in nature and will not 

result in any new or modified 

information collections. 

Accordingly, it is ordered, pursuant to 

sections 4(i), 4(j), 208, and 224 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 154(j), 208, 

224, that the rules set forth are adopted, 

effective 30 days after the date of 

publication in the Federal Register. 

It is further ordered, pursuant to 

sections 4(i), 4(j), 208, and 224 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 154(j), 208, 

224, and § 1.3 of the Commission’s 

rules, 47 CFR 1.3, that, effective upon 

release of this Order, §§ 1.720, 1.721, 

1.727, 1.731, 1.732, 1.733, 1.734, 1.735, 

1.1403, 1.1404, and 1.1408 of the 

Commission’s rules, 47 CFR 1.720, 

1.721, 1.727, 1.731, 1.732, 1.733, 1.734, 

1.735, 1.1403, 1.1404, 1.1408, are 

waived to the extent necessary to permit 

online electronic filing in accordance 

with the processes discussed in this 

Order. This waiver shall be effective ten 

days after release of this Order and until 

the effective date of the rule changes 

ordered in the previous paragraph. 

List of Subjects in 47 CFR Part 1 

Administrative practice and 

procedure; Telecommunications. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Final rules 

For the reasons discussed in this 

preamble, the Federal Communications 

Commission amends 47 CFR part 1 as 

follows: 

PART 1—PRACTICE AND 

PROCEDURE 

■ 1. The authority citation for 47 CFR 

part 1 continues to read as follows: 

Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 

151, 154(i), 154(j), 155, 157, 225, 227, 303(r), 

309, 1403, 1404, 1451, and 1452. 

■ 2. Section 1.720 is amended by 

revising paragraph (j) to read as follows: 

§ 1.720 General pleading requirements. 

* * * * * 

(j) Pleadings shall identify the name, 

address, telephone number, and email 

address for either the filing party’s 

attorney or, where a party is not 

represented by an attorney, the filing 

party. 

■ 3. Section 1.721 is amended by 

revising paragraphs (a)(3) and (5) to read 

as follows: 

§ 1.721 Format and content of complaints. 

(a) * * * 

(3) The name, address, telephone 

number, and email address of 

complainant’s attorney, if represented 

by counsel; 

* * * * * 

(5) Assertions based on information 

and belief are expressly prohibited 

unless made in good faith and 

accompanied by an affidavit explaining 

the basis for the complainant’s belief 

and why the complainant could not 

reasonably ascertain the facts from the 

defendant or any other source; 

* * * * * 

■ 4. Section 1.727 is revised to read as 

follows: 

§ 1.727 Motions. 

(a) A request to the Commission for an 

order shall be by written motion, stating 

with particularity the grounds and 

authority therefor, and setting forth the 

relief or order sought. 

(b) All dispositive motions shall 

contain proposed findings of fact and 

conclusions of law, with supporting 

legal analysis, relevant to the contents of 

the pleading. Motions to compel 

discovery must contain a certification 

by the moving party that a good faith 

attempt to resolve the dispute was made 

prior to filing the motion. All facts 

relied upon in motions must be 

supported by documentation or 

affidavits pursuant to the requirements 

of § 1.720(c), except for those facts of 

which official notice may be taken. 

(c) Oppositions to motions may be 

filed and served within five business 

days after the motion is filed and served 

and not after. Oppositions shall be 

limited to the specific issues and 

allegations contained in such motion; 

when a motion is incorporated in an 

answer to a complaint, the opposition to 

such motion shall not address any 

issues presented in the answer that are 

not also specifically raised in the 

motion. Failure to oppose any motion 

may constitute grounds for granting of 

the motion. 

(d) No reply may be filed to an 

opposition to a motion. 

(e) Motions seeking an order that the 

allegations in the complaint be made 

more definite and certain are prohibited. 

(f) Amendments or supplements to 

complaints to add new claims or 

requests for relief are prohibited. Parties 

are responsible, however, for the 

continuing accuracy and completeness 

of all information and supporting 

authority furnished in a pending 

complaint proceeding as required under 

§ 1.720(g). 

■ 5. Section 1.731 is revised to read as 

follows: 

§ 1.731 Confidentiality of information 

produced or exchanged. 

(a) Any materials generated in the 

course of a formal complaint proceeding 

may be designated as proprietary by 

either party to the proceeding or a third 

party if the party believes in good faith 

that the materials fall within an 

exemption to disclosure contained in 

the Freedom of Information Act (FOIA), 

5 U.S.C. 552(b)(1) through (9). Any party 

asserting confidentiality for such 

materials must: 

(1) Clearly mark each page, or portion 

thereof, for which a proprietary 

designation is claimed. If a proprietary 

designation is challenged, the party 

claiming confidentiality shall have the 

burden of demonstrating, by a 

preponderance of the evidence, that the 

materials designated as proprietary fall 

under the standards for nondisclosure 

enunciated in the FOIA. 

(2) File with the Commission, using 

the Commission’s Electronic Comment 

Filing System, a public version of the 

materials that redacts any proprietary 

information and clearly marks each page 

of the redacted public version with a 

header stating ‘‘Public Version.’’ The 

redacted document shall be machinereadable whenever technically possible. 

Where the document to be filed 

electronically contains metadata that is 

confidential or protected from 

disclosure by a legal privilege 

(including, for example, the attorneyclient privilege), the filer may remove 

such metadata from the document 

before filing it electronically. 

(3) File with the Secretary’s Office an 

unredacted hard copy version of the 

materials that contains the proprietary 

information and clearly marks each page 

of the unredacted confidential version 

with a header stating ‘‘Confidential 

Version.’’ The unredacted version must 

be filed on the same day as the redacted 

version. 

(4) Serve one hard copy of the filed 

unredacted materials and one hard copy 

of the filed redacted materials on the 

attorney of record for each party to the 

proceeding, or, where a party is not 

represented by an attorney, each party 

to the proceeding either by hand 

delivery, overnight delivery, or email, 

together with a proof of such service in 

accordance with the requirements of 

§§ 1.47(g) and 1.735(f)(1) through (3); 

(b) Except as provided in paragraph 

(c) of this section, materials marked as 

proprietary may be disclosed solely to 

the following persons, only for use in 

prosecuting or defending a party to the 

complaint action, and only to the extent 


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73846 Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations 

necessary to assist in the prosecution or 

defense of the case: 

(1) Counsel of record representing the 

parties in the complaint action and any 

support personnel employed by such 

attorneys; 

(2) Officers or employees of the 

opposing party who are named by the 

opposing party as being directly 

involved in the prosecution or defense 

of the case; 

(3) Consultants or expert witnesses 

retained by the parties; 

(4) The Commission and its staff; and 

(5) Court reporters and stenographers 

in accordance with the terms and 

conditions of this section. 

(c) The Commission will entertain, 

subject to a proper showing under 

§ 0.459 of this chapter, a party’s request 

to further restrict individuals’ access to 

proprietary information. Pursuant to 

§ 0.459 of this chapter, the other parties 

will have an opportunity to respond to 

such requests. Requests and responses 

to requests may not be submitted by 

means of the Commission’s Electronic 

Comment Filing System but instead 

must be filed under seal with the Office 

of the Secretary. 

(d) The individuals identified above 

in paragraph (b)(1) through (3) shall not 

disclose information designated as 

proprietary to any person who is not 

authorized under this section to receive 

such information, and shall not use the 

information in any activity or function 

other than the prosecution or defense in 

the case before the Commission. Each 

individual who is provided access to the 

information shall sign a notarized 

statement affirmatively stating that the 

individual has personally reviewed the 

Commission’s rules and understands the 

limitations they impose on the signing 

party. 

(e) No copies of materials marked 

proprietary may be made except copies 

to be used by persons designated in 

paragraphs (b)(1) through (3) and (c) of 

this section. Each party shall maintain 

a log recording the number of copies 

made of all proprietary material and the 

persons to whom the copies have been 

provided. 

(f) Upon termination of the formal 

complaint proceeding, including all 

appeals and petitions, all originals and 

reproductions of any proprietary 

materials, along with the log recording 

persons who received copies of such 

materials, shall be provided to the 

producing party. In addition, upon final 

termination of the proceeding, any notes 

or other work product derived in whole 

or in part from the proprietary materials 

of an opposing or third party shall be 

destroyed. 

■ 6. Section 1.732 is amended by 

removing paragraph (e) and 

redesignating paragraphs (f) through (h) 

as (e) through (g) and revising them to 

read as follows: 

§ 1.732 Other Required Written 

Submissions. 

* * * * * 

(e) Initial briefs shall be no longer 

than twenty-five pages. Reply briefs 

shall be no longer than ten pages. Either 

on its own motion or upon proper 

motion by a party, the Commission staff 

may establish other page limits for 

briefs. 

(f) The Commission may require the 

parties to submit any additional 

information it deems appropriate for a 

full, fair, and expeditious resolution of 

the proceeding, including affidavits and 

exhibits. 

(g) The parties shall submit a joint 

statement of stipulated facts, disputed 

facts, and key legal issues no later than 

two business days prior to the initial 

status conference, scheduled in 

accordance with the provisions of 

§ 1.733(a). 

■ 7. Section 1.733 is amended by 

revising paragraphs (f)(1) and (2) to read 

as follows: 

§ 1.733 Status conference. 

* * * * * 

(f) * * * 

(1) Submit a joint proposed order 

memorializing the oral rulings made 

during the conference to the 

Commission by midnight, Eastern Time, 

on the business day following the date 

of the status conference, or as otherwise 

directed by Commission staff. In the 

event the parties in attendance cannot 

reach agreement as to the rulings that 

were made, the joint proposed order 

shall include the rulings on which the 

parties agree, and each party’s 

alternative proposed rulings for those 

rulings on which they cannot agree. 

Commission staff will review and make 

revisions, if necessary, prior to signing 

and filing the submission as part of the 

record. The proposed order shall be 

filed using the Commission’s Electronic 

Comment Filing System; or 

(2) Pursuant to the requirements of 

paragraph (e) of this section, submit to 

the Commission by midnight, Eastern 

Time, on the third business day 

following the status conference or as 

otherwise directed by Commission staff 

either: 

* * * * * 

■ 8. Section 1.734 is amended by 

removing paragraph (d) and revising 

paragraph (c) to read as follows: 

§ 1.734 Specifications as to pleadings, 

briefs, and other documents; subscription. 

* * * * * 

(c) The original of all pleadings and 

other submissions filed by any party 

shall be signed by the party, or by the 

party’s attorney. The signing party shall 

include in the document his or her 

address, telephone number, email 

address, and the date on which the 

document was signed. Copies should be 

conformed to the original. Unless 

specifically required by rule or statute, 

pleadings need not be verified. The 

signature of an attorney or party, in 

accordance with the requirements of 

§ 1.52, shall be a certificate that the 

attorney or party has read the pleading, 

motion, or other paper; that to the best 

of his or her knowledge, information, 

and belief formed after reasonable 

inquiry, it is well grounded in fact and 

is warranted by existing law or a good 

faith argument for the extension, 

modification, or reversal of existing law; 

and that it is not interposed solely for 

purposes of delay or for any other 

improper purpose. 

■ 9. Section 1.735 is revised to read as 

follows: 

§ 1.735 Fee remittance; electronic filing; 

copies; service; separate filings against 

multiple defendants. 

(a) Complaints may generally be 

brought against only one named carrier; 

such actions may not be brought against 

multiple defendants unless the 

defendant carriers are commonly owned 

or controlled, are alleged to have acted 

in concert, are alleged to be jointly 

liable to complainant, or the complaint 

concerns common questions of law or 

fact. Complaints may, however, be 

consolidated by the Commission for 

disposition. 

(b) The complainant shall remit 

separately the correct fee either by 

check, wire transfer, or electronically, in 

accordance with part 1, subpart G (see 

§ 1.1106 of this chapter) and, shall file 

an original copy of the complaint, using 

the Commission’s Electronic Comment 

Filing System, and, on the same day: 

(1) If the complaint is filed against a 

carrier concerning matters within the 

responsibility of the International 

Bureau (see § 0.261 of this chapter), 

serve, by email, a copy on the Chief, 

Policy Division, International Bureau; 

and 

(2) If a complaint is addressed against 

multiple defendants, pay a separate fee, 

in accordance with part 1, subpart G 

(see § 1.1106), for each additional 

defendant. 

(c) The complainant shall serve the 

complaint by hand delivery on either 

the named defendant or one of the 


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named defendant’s registered agents for 

service of process on the same date that 

the complaint is filed with the 

Commission in accordance with the 

requirements of paragraph (b) of this 

section. 

(d) Upon receipt of the complaint by 

the Commission, the Commission shall 

promptly send, by email, to each 

defendant named in the complaint, 

notice of the filing of the complaint. The 

Commission shall send, by email, to 

each defendant named in the complaint, 

a copy of the complaint. The 

Commission shall additionally send, by 

email, to all parties, a schedule detailing 

the date the answer and any other 

applicable pleading will be due and the 

date, time, and location of the initial 

status conference. 

(e) Parties shall provide hard copies of 

all submissions to staff in the Market 

Disputes Resolution Division of the 

Enforcement Bureau upon request. 

(f) All subsequent pleadings and 

briefs filed in any formal complaint 

proceeding, as well as all letters, 

documents, or other written 

submissions, shall be filed using the 

Commission’s Electronic Comment 

Filing System. In addition, all pleadings 

and briefs filed in any formal complaint 

proceeding, as well as all letters, 

documents, or other written 

submissions, shall be served by the 

filing party on the attorney of record for 

each party to the proceeding, or, where 

a party is not represented by an 

attorney, each party to the proceeding 

either by hand delivery, overnight 

delivery, or email, together with a proof 

of such service in accordance with the 

requirements of § 1.47(g). Service is 

deemed effective as follows: 

(1) Service by hand delivery that is 

delivered to the office of the recipient 

by 5:30 p.m., local time of the recipient, 

on a business day will be deemed 

served that day. Service by hand 

delivery that is delivered to the office of 

the recipient after 5:30 p.m., local time 

of the recipient, on a business day will 

be deemed served on the following 

business day; 

(2) Service by overnight delivery will 

be deemed served the business day 

following the day it is accepted for 

overnight delivery by a reputable 

overnight delivery service; or 

(3) Service by email that is fully 

transmitted to the office of the recipient 

by 5:30 p.m., local time of the recipient, 

on a business day will be deemed 

served that day. Service by email that is 

fully transmitted to the office of the 

recipient after 5:30 p.m., local time of 

the recipient, on a business day will be 

deemed served on the following 

business day. 

(g) Supplemental complaint 

proceedings. Supplemental complaints 

filed pursuant to § 1.722 shall conform 

to the requirements set forth in this 

section, except that the complainant 

need not submit a filing fee, and the 

complainant may effect service pursuant 

to subsection (e) and (f) of this section 

rather than paragraph (c) of this section. 

■ 10. Section 1.1403 is amended by 

revising paragraph (d) to read as 

follows: 

§ 1.1403 Duty to provide access; 

modifications; notice of removal, increase 

or modification; petition for temporary stay; 

and cable operator notice. 

* * * * * 

(d) A cable television system operator 

or telecommunications carrier may file 

a ‘‘Petition for Temporary Stay’’ of the 

action contained in a notice received 

pursuant to paragraph (c) of this section 

within 15 days of receipt of such notice. 

Such submission shall not be 

considered unless it includes, in concise 

terms, the relief sought, the reasons for 

such relief, including a showing of 

irreparable harm and likely cessation of 

cable television service or 

telecommunication service, a copy of 

the notice, and certification of service as 

required by § 1.1404(b). The named 

respondent may file an answer within 7 

days of the date the Petition for 

Temporary Stay was filed. No further 

filings under this section will be 

considered unless requested or 

authorized by the Commission and no 

extensions of time will be granted 

unless justified pursuant to § 1.46. 

* * * * * 

■ 11. Section 1.1404 is amended by 

revising paragraph (a) to read as follows: 

§ 1.1404 Complaint. 

(a) The complaint shall contain the 

name, address, telephone number, and 

email address of the complainant; name, 

address, telephone number, and email 

address of the respondent; and a 

verification (in accordance with the 

requirements of § 1.52), signed by the 

complainant or officer thereof if 

complainant is a corporation, showing 

complainant’s direct interest in the 

matter complained of. Counsel for the 

complainant may sign the complaint. 

Complainants may join together to file 

a joint complaint. Complaints filed by 

associations shall specifically identify 

each utility, cable television system 

operator, or telecommunications carrier 

who is a party to the complaint and 

shall be accompanied by a document 

from each identified member certifying 

that the complaint is being filed on its 

behalf. 

* * * * * 

■ 12. Section 1.1408 is revised to read 

as follows: 

§ 1.1408 Fee remittance; electronic filing; 

service; number of copies; form of 

pleadings; and proprietary materials. 

(a) The complainant shall remit 

separately the correct fee either by 

check, wire transfer, or electronically, in 

accordance with part 1, subpart G (see 

§ 1.1106) and, shall file an original copy 

of the complaint, using the 

Commission’s Electronic Comment 

Filing System. The original of the 

response and reply, as well as all other 

written submissions, shall be filed with 

the Commission using the Commission’s 

Electronic Comment Filing System. 

Service must be made in accordance 

with the requirements of § 1.735(b), (c), 

(e), and (f). 

(b) All papers filed in the complaint 

proceeding must be drawn in 

conformity with the requirements of 

§§ 1.49, 1.50, and 1.52. 

(c) Any materials generated in the 

course of a pole attachment complaint 

proceeding may be designated as 

proprietary by either party to the 

proceeding or a third party if the party 

believes in good faith that the materials 

fall within an exemption to disclosure 

contained in the Freedom of 

Information Act (FOIA), 5 U.S.C. 

552(b)(1) through (9). Any party 

asserting confidentiality for such 

materials must: 

(1) Clearly mark each page, or portion 

thereof, for which a proprietary 

designation is claimed. If a proprietary 

designation is challenged, the party 

claiming confidentiality shall have the 

burden of demonstrating, by a 

preponderance of the evidence, that the 

materials designated as proprietary fall 

under the standards for nondisclosure 

enunciated in the FOIA. 

(2) File with the Commission, using 

the Commission’s Electronic Comment 

Filing System, a public version of the 

materials that redacts any proprietary 

information and clearly marks each page 

of the redacted public version with a 

header stating ‘‘Public Version.’’ The 

redacted document shall be machinereadable whenever technically possible. 

Where the document to be filed 

electronically contains metadata that is 

confidential or protected from 

disclosure by a legal privilege 

(including, for example, the attorneyclient privilege), the filer may remove 

such metadata from the document 

before filing it electronically. 

(3) File with the Secretary’s Office an 

unredacted hard copy version of the 

materials that contains the proprietary 

information and clearly marks each page 

of the unredacted confidential version 


rljohnson on DSK3VPTVN1PROD with RULES
73848 Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations 

with a header stating ‘‘Confidential 

Version.’’ The unredacted version must 

be filed on the same day as the redacted 

version. 

(4) Serve one hard copy of the filed 

unredacted materials and one hard copy 

of the filed redacted materials on the 

attorney of record for each party to the 

proceeding, or, where a party is not 

represented by an attorney, each party 

to the proceeding either by hand 

delivery, overnight delivery, or email, 

together with a proof of such service in 

accordance with the requirements of 

§§ 1.47(g) and 1.735(f)(1) through (3) of 

this chapter; 

(d) Except as provided in paragraph 

(e) of this section, materials marked as 

proprietary may be disclosed solely to 

the following persons, only for use in 

prosecuting or defending a party to the 

complaint action, and only to the extent 

necessary to assist in the prosecution or 

defense of the case: 

(1) Counsel of record representing the 

parties in the complaint action and any 

support personnel employed by such 

attorneys; 

(2) Officers or employees of the 

opposing party who are named by the 

opposing party as being directly 

involved in the prosecution or defense 

of the case; 

(3) Consultants or expert witnesses 

retained by the parties; 

(4) The Commission and its staff; and 

(5) Court reporters and stenographers 

in accordance with the terms and 

conditions of this section. 

(e) The Commission will entertain, 

subject to a proper showing under 

§ 0.459 of this chapter, a party’s request 

to further restrict access to proprietary 

information. Pursuant to § 0.459 of this 

chapter, the other parties will have an 

opportunity to respond to such requests. 

Requests and responses to requests may 

not be submitted by means of the 

Commission’s Electronic Comment 

Filing System but instead must be filed 

under seal with the Office of the 

Secretary. 

(f) The individuals identified in 

paragraphs (d)(1) through (3) of this 

section shall not disclose information 

designated as proprietary to any person 

who is not authorized under this section 

to receive such information, and shall 

not use the information in any activity 

or function other than the prosecution 

or defense in the case before the 

Commission. Each individual who is 

provided access to the information shall 

sign a notarized statement affirmatively 

stating that the individual has 

personally reviewed the Commission’s 

rules and understands the limitations 

they impose on the signing party. 

(g) No copies of materials marked 

proprietary may be made except copies 

to be used by persons designated in 

paragraphs (d) and (e) of this section. 

Each party shall maintain a log 

recording the number of copies made of 

all proprietary material and the persons 

to whom the copies have been provided. 

(h) Upon termination of the pole 

attachment complaint proceeding, 

including all appeals and petitions, all 

originals and reproductions of any 

proprietary materials, along with the log 

recording persons who received copies 

of such materials, shall be provided to 

the producing party. In addition, upon 

final termination of the proceeding, any 

notes or other work product derived in 

whole or in part from the proprietary 

materials of an opposing or third party 

shall be destroyed. 

[FR Doc. 2014–28736 Filed 12–11–14; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 229 and 697 

[Docket No. 141002823–4999–02] 

RIN 0648–BE57 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations and 

Atlantic Coastal Fisheries Cooperative 

Management Act Provisions; American 

Lobster Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

amend the regulations implementing the 

Atlantic Large Whale Take Reduction 

Plan to modify the start date of the 

Massachusetts Restricted Area to begin 

on February 1, 2015, and to expand the 

Massachusetts Restricted Area by 912 

square miles. In addition, this rule will 

revise the Federal lobster regulations to 

be consistent with the revised start date 

of the Massachusetts Restricted Area. 

Recent Federal lobster regulations 

closed the Outer Cape Lobster 

Management Area to lobster trap fishing 

from January 15 through March 15, 

which is consistent with the lobster trap 

haul-out period in the Atlantic States 

Marine Fisheries Commission’s 

Interstate Fishery Management Plan for 

American Lobster. This rule would 

adjust the Outer Cape Lobster 

Management Area closure dates to 

February 1 through March 31. 

DATES: Effective December 12, 2014. 

ADDRESSES: Copies of the supporting 

documents for this action, as well as the 

Atlantic Large Whale Take Reduction 

Team meeting summaries and 

supporting documents, may be obtained 

from the Plan Web site (http://

www.greateratlantic.fisheries.noaa.gov/

protected/whaletrp/index.html) or by 

writing to Kate Swails, NMFS, Greater 

Atlantic Regional Fisheries Office, 

Protected Resources Division, 55 Great 

Republic Drive, Gloucester, MA 01930. 

FOR FURTHER INFORMATION CONTACT: Kate 

Swails, NMFS Greater Atlantic Regional 

Fisheries, 978–282–8481, Kate.Swails@

noaa.gov; or, Kristy Long, NMFS Office 

of Protected Resources, 206–526–4792, 

Kristy.Long@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This final rule combines two 

regulatory modifications that are 

authorized under different statutes. 

Specifically, this action amends the 

regulations implementing: (1) The 

Atlantic Large Whale Plan (Plan) 

regulations found at 50 CFR part 229 

under the authority of the MMPA; and 

(2) the Federal American lobster Fishery 

Management Plan regulations found at 

50 CFR part 697 under the authority of 

the Atlantic Coastal Fisheries 

Cooperative Management Act. 

NMFS published a final rule 

implementing an amendment to the 

Plan on June 27, 2014 (79 FR 36586) to 

address large whale entanglement risks 

associated with vertical line (or buoy 

lines) from commercial trap/pot 

fisheries. That amendment included 

gear modifications, gear setting 

requirements, a seasonal closure 

(Massachusetts Restricted Area) and 

gear marking for both the trap/pot and 

the gillnet fisheries. The Massachusetts 

Restricted Area is a seasonal closure 

effective January 1 through April 30 for 

all trap/pot fisheries. Trap/pot fisheries 

account for the largest number of 

vertical lines in the water column. 

In September 2010, in consultation 

with the Atlantic Large Whale Take 

Reduction Team (Team), NMFS 

developed protocols for considering 

modifications or exemptions to the 

regulations implementing the Plan. 

Following these protocols, on August 

18, 2014, the Massachusetts Division of 

Marine Fisheries (DMF) submitted a 

proposal to modify the Massachusetts 

Restricted Area and exempt several 

areas from the gear setting requirements 

to address safety and economic 


rljohnson on DSK3VPTVN1PROD with RULES